Case Note & Summary
The case involved an appeal against a judgment and order passed by the High Court of Judicature, Andhra Pradesh regarding a land acquisition matter. The appellant, Muthyam Agaiah Goud, challenged the High Court's decision dated February 18, 2005, in Review W.P. M.P.No.26782 of 2004, which arose from W.P.No.22429 of 1996. During proceedings, a question arose concerning whether the claimant-appellant had filed an application for reference under Section 18 of the Land Acquisition Act, 1894. The Supreme Court, upon reviewing the original records, confirmed that such an application had indeed been filed. Consequently, the Court set aside the impugned order and directed the Reference Court to decide the application in accordance with law, ensuring that the parties were heard and a reasoned order was passed within six months. The appeal was allowed, and no costs were awarded.
Headnote
A) Land Acquisition - Reference Application - Application Under Section 18 - Land Acquisition Act, 1894 - Court confirmed that an application for reference was indeed filed by the appellant, necessitating a review of the impugned order. The case was sent back to the Reference Court for a decision on the application after hearing the parties and passing a reasoned order within six months. Held that the original records supported the appellant's claim (Paras 3-4).
Issue of Consideration
Whether the claimant-appellant had filed an application for reference under Section 18 of the Land Acquisition Act, 1894.
Final Decision
The Supreme Court set aside the impugned order and directed the Reference Court to decide the application under Section 18 of the Land Acquisition Act, 1894, after hearing the parties and passing a reasoned order within six months.
Law Points
- Land Acquisition
- Reference Application
- Section 18
- Review Jurisdiction
