Muthyam
Agaiah Goud Vs. Land Acquisition Officer & ANR. [2009] INSC 1375 (4 August
2009)
Judgment
NON
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL
APPEAL NO.5073 OF 2009 [Arising out of SLP) No.16682 of 2005] Muthyam Agaiah
Goud ... .Appellant VERSUS Land Acquisition Officer & Anr. ...Respondent
TARUN
CHATTERJEE, J.
1.
Leave granted.
2.
This appeal is directed against the final judgment and order dated
18th of February, 2005 passed by the High Court of Judicature, Andhra Pradesh
at Hyderabad in Review W.P. M.P.No.26782 of 2004 arising out of W.P.No.22429 of
1996.
On 28th
of August, 2008, while allowing the application for substitution to bring on
record the heirs and legal representatives of the deceased appellant No.2-Bandi
Veeraiah, appellant No.3- Ananthula Agaiah, appellant No.4-Bhagaria Bhoomaiah,
appellant No.6-Bollapalli Ramaiah, appellant No.7-Mustala Veeraiah, a question
was raised by the learned counsel for the appellant that 2 whether in fact the
claimant-appellant had filed an application for reference under Section 18 of
the Land Acquisition Act, 1894. For that purpose, by an order of the same date
the original records were called for. The original records were placed before
us by the learned counsel for the respondent. From a perusal of the record, it
has now become clear that an application under Section 18 of the Land
Acquisition Act, 1894, in fact, was filed by the appellant.
3.
Such being the position, we have no other alternative but to set
aside the order impugned in this appeal and send the case back to the Reference
Court to decide the said application under Section 18 of the Land Acquisition
Act in accordance with law after giving hearing to the parties and after
passing a reasoned order within six months from the date of communication of
this order to it.
4.
The impugned order is set aside. The appeal is thus allowed to the
extent indicated above. There will be no order as to costs.
........................J. [Tarun Chatterjee]
.........................J.
New Delhi;
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