GOVERNMENT OF ANDHRA PRADESH Vs. AVIRNENI RAMA KRISHNA

JUDGEMENT

(1.) Proceedings under the Land Acquisition Act, 1894 (Act for short) for acquisition of land admeasuring Ac.11.11 cents at village Velagaleru of G.Konduru Mandal, Krishna District came to a standstill because of the institution of W.P.No.15830 of 2009,questioning the power of the Collector to obtain reassessment report relating to Subabul trees. To understand the controversy in its right perspective, it needs to be placed on record that in response to a communication of the Collector regarding valuation of the trees, a report was submitted by the Divisional Forest Officer, Vijayawada, Krishna District (for short DFO) to the Collector which was not accepted by him because evaluation so made was comparatively higher than the assessment made by officials of the Forest Department, East Godavari District in different claims but of similar nature, consequently a direction to the DFO to re-examine the valuation. Apprehending that re-examination would suggest evaluation on a lower side, therefore invocation of extra ordinary writ jurisdiction of the High Court to command the Collector not to take into account the subsequent report.

(2.) What has the writ court to say about the relief sought, advantageous it is to notice the relevant part of the impugned judgment dated 4.12.2009:

(3.) Above reproduction from the judgment makes it clear that objection raised by the claimants' detailed in the preceding paragraph stands turned down. Had the learned Judge stopped there, the State had no cause to come in appeal, but went further to say something more in the operative portion of the judgment, which may be noticed;