Muthyam Agaiah Goud vs Land Acquisition Officer & Anr

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.

3. 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]

New Delhi; .........................J. August 04, 2009. [R.M.Lodha]