K BHOOM REDDY Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal by the unsuccessful first respondent is directed against the order dated 14.08.2002 of the learned Senior Civil Judge, Karimnagar passed in OP.No.62 of 1996.

(2.) WE have heard the submissions of the learned counsel for the appellant and the learned counsel for the 2nd respondent. We have perused the material record. The parties in this appeal shall hereinafter be referred to as the appellant and the 2nd respondent. The 1st respondent herein is the Land Acquisition Officer.

(3.) THE facts necessary for consideration, in brief, are as follows: - The Government had acquired a land in an extent of Ac.1.38 Guntas in Sy.No.591 situate at Nustulapur village of Thimmapur Mandal. The Land Acquisition Officer, after due enquiry, had passed an award and had determined the compensation for the acquired land at Rs.17,750/ -. Since the appellant and the 2nd respondent herein had made claims for receiving the said amount, a reference was made under Section 30 of the Land Acquisition Act, 1894 to the civil Court and on such a reference the present OP.No.62 of 1996 was taken on file by the learned Senior Civil Judge, Karimnagar. Before the reference Court, the 2nd respondent herein and his supporting witness were examined as PWs1 and 2 and the appellant herein was examined as RW1. Exhibits A1 to A9 and B1 to B3 were marked. On merits, the Court below had held that both the appellant and the 2nd respondent herein are entitled for equal shares in the compensation amount that was awarded for the acquired land. The aggrieved 1st respondent in the OP i.e., the appellant herein had therefore, filed this appeal before the Court.