THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1185 OF 2002 Dated. 08-12-2010 Between: Smt. B.Veeramma …Appellant Vs. The Land Acquisition Officer, Vijayawada and others ..Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1185 OF 2002 JUDGMENT (Per GR,J) Sri Sai Gangadhar Chamarty, the learned counsel for the appellant states that this appeal is filed erroneously and therefore, the appellant does not wish to pursue this appeal and the same be dismissed. Ac.0.50 cents of land in Sy.No.593/4A and Ac.0.49 cents in Sy.No.593/4B in Nunna Village of Krishna District was proposed to be acquired for the construction of a power house of NTPC. Notification under Section 4(1) of the Land Acquisition Act,1894 (for short “the Act”) was published on 13-03-1989. In the acquisition notification the name of Sri Baddigam Seshi Reddy son of Koti Reddy was notified as “Pattadar” in respect of the extent of Ac.0.50 cents in Sy.No.593/4A and the name of Baddigam Venkata Reddy in respect of Ac.0.49 cents in Sy.No.593/4B. There was no objection lodged at the time of the award enquiry and award No.4 of 1989 was passed determining the market value and awarding the compensation in favour of the persons whose names were reflected in the notification under Section 4(1) of the Act. Sri Baddigam Seshi Reddy filed a petition claiming right to the entire extent of Ac.0.50 and Ac.0.49 cents in Sy.No.593/4A and 593/4B while Smt Baddigam Veeramma the wife of Venkata Reddy (the person notified as pattadar for Ac.0.49 cents) lodged objection claiming title only to the extent of Ac.0.49 cents in Sy.No.593/4B. The above claims were referred to the civil court under Section 31(2) of the Act and numbered as O.P.Nos.307 and 308 of 1990 before the learned Principal Senior Civil Judge, Vijayawada. Evidence was recorded in O.P.No.307 of 1990 after the petitions were clubbed and were disposed of by a common order dated 07-09-2001. The court below held that B.Seshi Reddy was entitled to receive compensation in respect of Ac.0.50 cents in Sy.No.593/4A, and Smt B.Veeramma in respect of Ac.0.49 cents in Sy.No.593/4B. Aggrieved by the rejection of his claim in respect of Ac.0.49 cents in Sy.No.593/4B, B.Seshi Reddy filed AS No.2605 of 2001. Though Smt.B.Veeramma did not claim any title over the extent of Ac.0.50 cents in Sy.No.593/4A, erroneously filed AS No.1185 of 2002 against the order dated 07-09-2001. In the above circumstances, the learned counsel for the appellant states that the appellant does not wish to pursue the appeal and seeks to withdraw the same. Recording the submission, AS No.1185 of 2002 is dismissed as withdrawn. No order as to costs. ___________________ GODA RAGHURAM,J _______________________ N.R.L.NAGESWARA RAO,J 08-12-2010 TSNR