LAWS(APH)-1961-7-30

M. DODLA MALLIAH AND OTHERS Vs. STATE OF A. P. THROUGH ASST. COLLECTOR AND LAND ACQUISITION OFFICER, WARANGAL

Decided On July 02, 1961
M. Dodla Malliah And Others Appellant
V/S
State Of A. P. Through Asst. Collector And Land Acquisition Officer, Warangal Respondents

JUDGEMENT

(1.) This reference was made to a Bench by one of us (Venkatesam, J.) on account of the novel contention put forward regarding the question of Court-fee, and the important principle it involves :

(2.) The facts shortly are these. The Assistant Collector and Land Acquisition Officer, Warangal. made a reference to the District Judge, Warangal,. under Section 15 of the Hyderabad Land Acquisition Act (which corresponds to Section 19 of the Land Acquisition Act, No. 1 of 1894 as the claimants were dissatisfied with the amount of compensation awarded. It was registered as Original Petition No. 36 of 1960. It may be noted that though the reference was made under the Hyderabad Land Acquisition Act, during the pendency of the petition that Act was repealed, and Act I of 1894 was made applicable to the erstwhile Telangana area. The district Judge confirmed the award of the Land Acquisition Officer. Aggrieved by that decision, the claimants preferred the appeal to this Court for enhanced compensation.

(3.) In the appeal memorandum, the paragraph dealing with the valuation of the appeal, reads thus :