Mallepudi Venkatarao vs State Of A.P

Mallepudi Venkatarao ...Appellant (s)

VERSUS

State of A.P. ...Respondent(s)

ORDER

1. This appeal is directed against the Judgment and order dated 17th of

February, 2000 of the High Court of Andhra Pradesh at Hyderabad in CRP

No. 2706 of 1994.

2. On a perusal of the Judgment of the High Court, we find that while deciding

the Civil Revision case, the High Court had not at all taken into

consideration the report of the Commissioner in its true effect without

giving further opportunity to the petitioner to defend his case in consonance

with the findings of the Commissioner in his report.

3. The High Court, in its impugned order, had rejected the report of the

Commissioner and refused to exclude the lands covered by Hayrick

mounds, Bodis, Canal bunds, cattle shed, thrashing floor, which are non-

agricultural land and do not come within the definition of the land.

4. In view of the above, we feel it appropriate to set aside the order of the

High Court and send the case to the High Court for a decision afresh in 2

accordance with law, after giving due weight to the report of the

Commissioner.

5. Accordingly, the impugned order is set aside and the matter is remitted back

for a fresh decision of the High Court in accordance with law within six

months from the date of communication of this order. The appeal is thus

allowed to the extent indicated above. There will be no order as to costs.

.....................

.....J. [Tarun Chatterjee]

New Delhi; ..........................J. July 16, 2008. [Aftab Alam]