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2006 Supreme(AP) 175

B.SESHASAYANA REDDY, D.S.R.VERMA
Motte Rajaram – Appellant
Versus
Revenue Divisional Officer/land Acquisition Officer, Adilabad – Respondent


D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) THIS Second Appeal. under Section 100 of the Code of Civil Procedure (for brevity "c. P. C. "), is before us by way of reference made by a learned single Judge of this Court expressing his view that the appeal suit A. S. No. 12 of 2004, which was filed before the learned 11 Additional District Judge, Adilabad, was not maintainable and, as a matter of fact, the said appeal suit A. S. No. 12 of 2004 ought to have been filed before this Court under section 54 of the Land Acquisition Act, 1894 (for brevity "the Act" ). The learned single judge further opined that if an appeal is filed before the District Judge, the same amounts to providing parallel appeals under the Act and hence, the learned single Judge was of the prima facie view that the appeal suit filed before the learned II Additional District Judge, adilabad, was not maintainable. However, in order to have an authoritative pronouncement on this aspect, the matter had been referred to a Division Bench. Hence, the Second appeal is before us under the caption "for admission".

( 3 ) THE appellant is Claimant No. 2, respondent No. 1 is the Referring Officer and Respondent No. 2 is Cl






























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