DEPUTY DIRECTOR OF AGRICULTURE KHAMMAN Vs. SARVADEVABHATLA RAMANADHAM

JUDGEMENT

(1.) In these S. R. Nos., the question that falls for consideration is whether the appeal preferred by the appellants under S. 54 of the Land Acquisition Act is maintainable . The value of the appeal is Rs. 10,049.38 ps.

(2.) The present appellant is the Dy. Director of Agriculture, Khammam. He filed an application before the Collector under the Land Acquisition Act for payment of a sum of Rs. 10,049-38 ps. awarded towards compensation for acquisition of certain lands. According to him the lands belong to the third claimant therein who had misappropriated a sum of Rs. 4,00,000.00 and odd while he was in service and hence in recovery of the said amount that is appropriated he is entitled for the same. The case of the first claimant was that the lands, which were acquired and in respect of which compensation was determined by the Collector under S. 11 do not belong to the third claimant, but belong to him. As a result of the dispute with regard to the apportionment of the amount on the basis of the title of the property, the Land Acquisition Officer made a reference to the Court under S. 30 of the Land Acquisition Act. On such reference the matter was taken on file as O. P. No. 62 of 1976 by the Subordinate Judges Court, Khammam who held that the first claimant is the owner of the property and hence entitled to the amount in question. Aggrieved by the said appeal is filed by the Deputy Director of Agriculture, Khammam under S. 54 of the Land Acquisition Act in this Court.

(3.) The office has raised an objection that the appeal is not maintainable in this Court in view of the fact that the value of the appeal is less than Rupees 15,000/- and since the order of the lower Court is a decree within the meaning of S. 96 of Civil P. C. the appeal lies only to the District Court under S. 17 (1) (ii) (a) of the Andhra Pradesh Civil Court Act. In these circumstances the matter is referred to the Court for opinion.