Telangana High Court

CRP/5076/2014 of Begari Basvaiah Vs Smt. Bandi Nagavva on 31 December 2014

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SRI JUSTICE CHALLA KODANDA RAM Civil Revision Petition No.5076 of 2014 ORDER: This civil revision petition is filed against the docket order, dated 02.12.2014, whereby the learned VII Additional District Judge has returned the appeal, to present before the proper Court. The petitioner

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THE HON’BLE SRI JUSTICE CHALLA KODANDARAM

Civil Revision Petition No.5076 of 2014ORDER:

This civil revision petition is filed against thedocket order, dated 02.12.2014, whereby the learnedVII Additional District Judge has returned the appeal, topresent before the proper Court.

The petitioner is rival claimant No.1 andrespondents 1 and 2 are claimant Nos. 2 and 3 inrelation to compensation deposited under Section 31 ofthe Land Acquisition Act (for short ‘the Act’) before theCourt of learned Senior Civil Judge, Bodhan to thecredit of O.P.No.38 of 2010. The petitioner filedA.S.No.1 of 2014 before the learned VII AdditionalDistrict Judge, Bodhan, on the ground that in relation todisputes regarding compensation under the Act, anappeal would lie to the competent Civil Court underSection 96 of C.P.C. The learned VII Additional DistrictJudge had returned the papers under the impressionthat appeal would lie to High Court under Section 54 ofC.P.C.

The issue in relation to proper Court, which hasjurisdiction to entertain the appeals in the event of rivalclaim, is no longer res integra. A Division Bench of thisCourt at the earliest point of time in Motte Rajaram vs.

Revenue Divisional Officer, Adilabad[[1]]analysedSections 30, 31 and 54 of the Act read with Section 96of C.P.C. and held that the Civil Court havingjurisdiction over the land acquisition proceedings isalone competent to entertain the appeals. This judgment was followed by another Division Bench ofthis Court in Pittala Lachavva vs. Duddeti Venkataiahand others[[2]].

In that view of the matter, the docket order, dated02.12.2014 in A.S.No.1 of 2014 is set aside and thelearned VII Additional District Judge, Bodhan is directedto take the appeal on file and decide the same onmerits.

The civil revision petition is accordingly allowed. There shall be no order as to costs.

The miscellaneous petition filed in this revisionshall also stand disposed of.

_____________________

CHALLA KODANDA RAM, J

Date: 31.12.2014JSU

THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM

Civil Revision Petition No.5076 of 2014

JSU

Date: 31.12.2014

[1]2006(3) ALD 199 (DB)

[2]2013(6) ALD 60 (DB)2013(6) ALD 60 (DB)

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