The Special Deputy Collector v. Y. Ramaiah

HON'BLE SRI JUSTICE G. CHANDRAIAH & HON'BLE SRI JUSTICE A. SHANKAR NARAYANA L.A.A.S. Nos. 320 of 2012 and 58 of 2016 DATE: 11.03.2016 L.A.A.S.No. 320 of 2012 Between:

The Special Deputy Collector (LAO) .. Appellant And Y. Ramaiah .. Respondent L.A.A.S.No. 58 of 2016 Between:

The Special Deputy Collector (LAO) .. Appellant And Rage Narayana (died) & 5 others .. Respondents

COMMON JUDGMENT:- (per Hon'ble Sri Justice A. Shankar Narayana) These two appeals directed against the order and decrees in O.P.Nos.43 and 45 of 1999 respectively. Being aggrieved by the Common Order dated 30.08.2004 passed in these O.Ps. on the file of the Senior Civil Judge, Atmakur, the instant appeals are preferred by the Special Deputy Collector (Land Acquisition Officer), Telugu Ganga Project, Nandyal, Kurnool District on the ground that the enhancement of market value made by the Reference Court at Rs.30,000/- per acre as against the market value of Rs.7,000/- per acre fixed by the Land Acquisition Officer, is highly arbitrary, excessive and without there being any valid documentary evidence or material on record. The Court below passed the aforesaid Common Order in a batch of petitions i.e. O.P.Nos.43, 45 and 56 of The learned Government Pleader for Appeals has submitted that this Court, earlier, while dismissing L.A.A.S.No.1166 of 2011 preferred against the Common Order and decree dated 30.08.2004 in O.P.No. 56 of

1999, confirmed the market value fixed by the Reference Court at Rs.30,000/- per acre as against Rs.7,000/- per acre fixed by the Land Acquisition officer. He has placed on record a copy of the judgment rendered by this Court. We have perused the material on record and found that this Court dismissed L.A.A.S.No.1166 of 2011 which arose out of O.P.No. 56 of 1999, one among the three O.P.s., covered by the Common Judgment dated 21.08.2013 confirming the order of the Reference Court, and therefore, these two appeals are squarely covered by the common judgment of this Court in L.A.A.S.No. 1166 of 2011.

Hence, these two appeals are dismissed confirming the Common Order dated 30.08.2004 passed by the Reference Court in O.P.Nos.43 and 45 of 1999. No order as to costs.

As a sequel to the dismissal of the Appeals, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_________________ G. CHANDRAIAH, J 11.03.2016 ______________________ A. SHANKAR NARAYANA,J bcj