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2010 Supreme(SC) 489

B.S.CHAUHAN, SWATANTER KUMAR
District Collector, Srikakulam – Appellant
Versus
Bagathi Krishna Rao – Respondent


ORDER

1.The present appeal has been preferred against the judgment and order dated 10.4.2006 passed by the High Court of Andhra Pradesh at Hyderabad in Second Appeal No.122/06 by which it dismissed the Second Appeal filed by the appellant affirming the judgments and order of the First Appellate Court dated 15.4.2005passed in Appeal Suit No.121/2000 and of the Trial Court dated 28.7.2000 passed in O.S. No.26/94.

2.Facts and circumstances giving rise to this Appeal are that the respondents herein filed Original Suit No.26/94 for seeking declaration of title and possession of the suit land admeasuring Ac.8.90 cents situate within the erstwhile jamindari of Tarla Estate in Srikakulam District and for other consequential relief, i.e. permanent injunction from interfering in any manner with the peaceful possession and enjoyment of suit land, before the Senior Civil Judge at Sompeta. The appellants/defendants filed written statement contending that the suit land being forest land had vested in the State of Andhra Pradesh and in order to substantiate the said averment it annexed the copy of the Gazette Notification, G.O. No.650 dated 25.9.1975 according to which possession and enjoyment of l























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