Citation : 2022 Latest Caselaw 750 Tel
Judgement Date : 17 February, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.745 of 2009
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Learned counsel for the State Government was fair enough in
informing this Court that a writ appeal arising out of a common order
i.e., W.A.No.640 of 2009 has already been dismissed by this Court vide
judgment dated 15.02.2022. The operative paragraph of the said
judgment reads as under:
"This Court, after careful consideration of the judgment delivered
in the case of K. Rangaiah vs. State (AIR 1980 AP 165), is of the
considered opinion that the learned Single Judge was certainly justified
in directing the authorities to refer the matter to Civil Court i.e., the
application preferred under Section 18 of the Act, for determination of
compensation. This Court does not find any reason to interfere with the
order passed by the learned Single Judge.
Resultantly, the writ appeal stands dismissed."
In the light of the aforesaid, as the matter has already been
decided by this Court, the judgment delivered in W.A.No.640 of 2009
shall be applicable mutatis mutandis in the present case also.
Accordingly, the writ appeal stands dismissed.
Miscellaneous petitions, if any, shall stand closed. There shall be
no order as to costs.
__________________________________
SATISH CHANDRA SHARMA, CJ
________________________________
ABHINAND KUMAR SHAVILI, J
17.02.2022
ES
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