Citation : 2021 Latest Caselaw 2505 Tel
Judgement Date : 31 August, 2021
THE HONOURABLE
THE ACTING CHIEF JUSTICE M.S. RAMACHANDRA RAO
AND
THE HONOURABLE SRI JUSTICE T. VINOD KUMAR
Writ Appeal No.408 of 2021
JUDGMENT: (Per Sri Justice M.S.Ramachandra Rao)
This Writ Appeal is filed challenging the order dt.27.07.2021
passed in Writ Petition NO.12461 of 2021.
2. The said Writ Petition had been filed by petitioner challenging a
proceeding dt.21.05.2021 issued by the 3rd respondent permitting the
petitioner to receive 30% of value of a Mango Crop in land which had
already been acquired by the State from the petitioner and others.
3. In the Writ Petition, the petitioner contended that the said order
was passed without issuing notice to him.
4. The learned single Judge in the impugned order held that the
Tahsildar has no jurisdiction to confer such benevolence on petitioner
and others because he had no competence to recognize any right to the
produce of Mango trees in the land which has been acquired by the State
for the purpose of Lift Irrigation Bank Project.
5. The counsel for appellant / petitioner does not deny that petitioner
/ appellant received substantial amount as compensation for the land.
HACJ & TVK,J
::2:: wa_408_2021
6. In this view of the matter, we agree with the view of the learned
single Judge that the Tahsildar had no jurisdiction to pass the
proceedings dt.21.05.2021 while dismissing the Writ Petition.
7. Accordingly, the Writ Appeal is dismissed. No order as to costs.
8. As a sequel, miscellaneous petitions pending if any in this Appeal,
shall stand closed.
_______________________________ M.S.RAMACHANDRA RAO, HACJ
_______________________ T.VINOD KUMAR, J
Date: 31.08.2021 Ndr
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