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“P813 WRFI’ APPEAI, §<'iL§£E} 0,23 4 Q?' THE i<A142péATa;[O2′-}’2GO’?.
THEE’; wR:*1*A’PPEAL COMENG GN FOR }:§i’Ayr<:4N2;,'j*1«::_s _:§'A"§_, K&:a&m%.;z.,
DELIVEREE} THE f*'OLLfiL)WIN{}:
Jnnafiggggjg ‘
The appeiiant has cha.11cngéfs:1T’in_ order
passed by the learned thvcv: oV1;c;ier passed
by the Assistant Commissiopffii; céariier mutation
maée in the namcf: of pr:-:.A__1:_if;i_i;°’:£:”-E1″ the flame of the
221:: ;~cspende:r;3c V i9tf§toi’atjon 9:’ the name: of
{3hi11I1aia1:;;” iami in the mutattian
mgister.
f2.;’TZ*1;e s£ibj<:§:£' 3;x1a t'te:r. 0f the appea}; is the iand bearing
:' .Siii*m3; nééégsufing 1 acre cf Biiékahaliy Vfliage,
V".Ti-'éiuk. The End msps;:néen't's father Chinnaiah
Z Raju the said 1 acm of land under a mgistered saie
" date§dv.Q&§.3.19?4 and on the very same day, another extent
in the very' same Survey number was purchaseé by
V. __F'Ja1*ayanasWamy Raju nndar 21 registerefi sale deed. The
A..__4éf:1tire extent of 1 acre 22 gzmtas was tha subject matter of
acquisition proceedings. However, after an enquiry conducted
under 5 (3) of the Lanai acquissifion Act, 22 glmtas was giiéen up
from acquisition and a fiua} notification came
acquiring 1 acre of land and it was in the
Raju and Na1'ayanasWamy Raju. The
has now been upheld by the Honnple Afgeg
Government issued netificatiern ~.SccA{ion,.43.V(:1) sjLand
Acquigifion Act deletjilg '3?\qe11t'6f¢ «Gut z:-"ii the land
which is acquired showing Raju and
NaI'ayaz1aswam3-* '$953 chailenged by
the appellant. ff dismissed the writ
petition. 1=.f§§$_.€£uashcd and that also has
become : -.u31<'.ier Section 16(2) of the Act
which is dtiigg %V;'}1;"Vtii'1i_$L;:':(i' 24.11.3988 showed taking
'possfissifijfi. of in' ~ iof iand in Survey N:).134«/3A1.
"Subsc::;uu:1t1j.,:, _c:§1:¢ mom notification came to be is$13.ed on
duly pubiished in the gazette on 8.8.1988
V Vvpurporfing amenénmnt to the earlier notification t0 the
_. 4Agf{ffl¢Tc£ that guntas of land is given 1.1;) {mm acquisition under
;':-".§r.£:ti_é1'1 ..'€:(2) notificafion of the Act. V
allawingg 'tin: a1V);}r.%,aVéi .V 1-fowevex', the leaxned Single {Judge
cgéfiglofle {£16 daiay in preferring the appeal filefi
' the ' thus upheld the: Qxder of the Assistant
" £'4V:§§::;11issiier1:;r.. Aggrieved by the Same, the appeeiiant is before
Court Befcm the 163211651 Single Jucige, it was centended the
Assistant Commissioner had no juriséictien to pass {fig
order as the appeal was flied beyond time and
appeal was not ctimdcmsd and thereibté £13' u
appeai at all Secondly, "it was
xvhgthar the land in refipfifiit of "made of'
mdsmd to ba restcred is a of c$'r'n0{.:i:§ a mattm"
to be decidcd hy the as the End
respcndent has alrcgdgg Civii Court, it
is tha Civil the said question.
Infect, the 5. suit which is pending
consiciemtign Civii Court. Themforc, it is
co11tendeci that the !§£asi;=:5fanf”‘£30§1missioner was in total timer ix:
bcfbre«.Tth£3 Commissioner and went into the merits cf
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4. Laeaxnefi. counsei for the apperilant has
same gromzcis urged tsefom the learned Single Judgafi}
Sri.M.R.Naik, learrzed senior ceunstéi
supportad the order gassed by th¢1_z=:a1n£A:dASiI1gie J§.i’ii.§e7′. ”
5. u it is not in difsigtztn ‘ that the
applicatican filed a1o11gwit1iA”«–¥:iie_ giblidfinafiiflfi .91′ (3313?
was not considerttci by the and no orders
are passed. UI11_t:é{§ apgxeal cannot bs
entertajmzd in €1-s;f’gr.?’;:.}4_”V;’f§V’:fi’3…<=';'i*: which the Appeiiate
Authority _ ."WVfiZ1Vt2I'}. that was urged as :21
gmund ix: Wfit the; powers of the Writ Court
undsr Araicie Qéizfa it caxmot take: tbs: resgoonsihiiity
"f_¥;ze prei?::rring- the appeal before the
A§$sié1;;=_1j;t– and thezeaftcr go is tha merits of tbs:
' case. s'u<_:}3. 'a1: is available, right E1£':CI"l1f§d to the appefiant
~ 'SSiI'tuaH}' téik€¥1 away after accepting his case. In that visw of
..t3{i%fi$V'_;:z3V:%fi'c4*:;¢, the order passed. by the learned Single Judgs requires
' __ifit€I'£%1"6:n.ceK Hence, We pass the foilowizxg :