THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.S.APPA RAO A.S.No.1793 of 2001 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity ‘the Act’) is filed by the Land Acquisition Officer-cum-Sub Collector, Asifabad, being aggrieved by the enhancement of compensation by the award, dated 15-02-2001 in O.P.No.2 of 1992, on the file of the Senior Civil Judge, Asifabad (for brevity ‘the reference Court’). 2. Brief facts are that an extent of Ac.1.03 ½ gts. equivalent to 5009.4 square yards of land in Sy. No.253/ situated at Kothapet (Ward No.13 of Kaghaznagar) was acquired by the Government for the purpose of establishing railway line by issuing Draft Notification under Section 4 (1) of the Act published in A.P. Gazette, dated 22-12-1987. The Land Acquisition Officer passed an award on 22-02-1990 fixing the market value at Rs.12,000/- per acre. Being dissatisfied with the fixation of the market value, the claimant sought for a reference claiming Rs.200/- per square yard. The Land Acquisition Officer referred the matter to the reference Court. 3. Before the reference Court, the claimant contended that one Gundu Rajalingam sold an extent of 200 square yards to Mohd. Osman at Rs.35/- per square yard in Sy. No.23 and Ward No.13 of Kaghaznagar Municipalty and that one Mohd. Khaja sold an extent of 200 square yards in Sy. No.20 to one Noor Khan at Rs.25/- per square yard situated in Ward No.13 of the Kaghaznagar Municipality, and these lands are covered by Exs.B-4 and B-5. He placed reliance on the decision reported in Madhukar Rambhav Vs. Bhaskarwar and Others[1], wherein it is clearly mentioned that the lands are situated in Ward Nos.14 and 15 at Kaghaznagar. This Court dismissed those appeals upholding fixation of market value at Rs.2.00 lakhs per acre by confirming the judgment passed by the reference Court. In the present case, the Reference Court, after taking into consideration Ex.B-5, sale deed, dated 25-06-1985, and the evidence of R.W.2, enhanced the compensation at Rs.15/- per square yard. Being aggrieved by the same, the Land Acquisition Officer filed this appeal. 4. Heard the learned Government Pleader for appeals as well as the learned counsel for the respondent-claimant and perused the material placed on record. 5. On 15-09-2008, the learned counsel for the respondent filed a Memo stating that the sole respondent died, as such, he may be permitted to bring legal representatives of the deceased-respondent. But till today, no steps have been taken to bring the legal representatives on record. 6. Today the learned counsel for the respondent-claimant submitted that the entire compensation was paid to the respondent- claimant during his lifetime and the same was also withdrawn by him. Hence, no cause survives for adjudication in this appeal. 7. In view of the same, no further orders are necessary to be passed in this appeal, and therefore, the appeal is liable to be dismissed. 8. Accordingly, the appeal is dismissed. No costs. _________________________ JUSTICE A.GOPAL REDDY ________________________ Dated:11-08-2011 JUSTICE K.S.APPA RAO kvr [1] 1998 (5) A.L.T. 468 (D.B.)