M DODLA MALLIAH Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH THROUGH ASST. COLLECTOR AND LAND ACQUISITION OFFICER, WARANGAL
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Venkatesam, J. -
(1.) This reference was made to a Bench by one of us (Venkatesam, J.) on account of the novel contention put forward regarding the question of Court-fee, and the important principle it involves.
(2.) The facts shortly are these. Toe Assistant Collector and Land Acquisition Officer, Warangal, made a reference to the District Judge, Warangal, under Section 15 of the Hyderabad Land Acquisition Act (which corresponds to Section 19 of the Land Acquisition Act, No. 1 of 1894 as the claimants were dissatisfied with the amount of compensation awarded. It was registered as Original Petition No. 36 of 1960. It may be noted that though the reference was made under the Hyderabad Land" Acquisition Act, during the pendency of the petition that Act was repealed, and Act 1 of 1894 was made applicable to the erstwhile Telangana area. The district Judge confirmed the award of the Land-Acquisition Officer. Aggrieved by that decision, the claimants preferred the appeal to this Court for enhanced compensation.
(3.) In the appeal memorandum, the paragraph-dealing with the valuation of the appeal, reads-thus: "The total amount due at the rate of twelve annas per yard to which the appellants beg to confine their claim in this appeal though they are entitled to higher rate is .......Rs. 2,68,257-00 Amount allowed as compensation is " 88,630-00 The difference claimed as compensation is ... ... .. " 1.79,577.00" Appellants pray that the said excess may be awarded to them with interest thereon at 6% as statutorily provided in .5. 23 of the Act and costs, and 15% solatium thereon as usual. Note: It is submitted that no court fee is payable as under Section 49 of the Andhra Court Fees Act/court fee payable in appeal is the Same as in the court of the first instance and no court fee is payable in the Court of the first instance." Though it was noted that Court-fee was not payable, a Court-fee label of Rs. 2.00 was, however, affixed to the Memorandum of appeal.;
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