THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S NO.2311 OF 2000 22-11-2010 BETWEEN; The Land Acquisition Officer and Sub-Collector, Gadwal ...Appellant vs. V.Narsimha Rao and others ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S NO.2311 OF 2000 JUDGMENT: (Per NRLN,J) This Appeal Suit is filed against the order in O.P.No.105 of 1995 by the Senior Civil Judge at Wanaparthy enhancing the compensation of Rs.3000/- granted by the Land Acquisition Officer to Rs.21,000/-. An extent of Ac.19.16 guntas of land in different survey numbers at Baleedpally Village of Peddamandadi Revenue Mandal were acquired for the purpose of percolation tank. After an award enquiry, the Land Acquisition Officer passed the award No.8/92 and thereafter as the claimants were not satisfied, reference was made to the Court and were numbered 103 of 1995 and as 105 of 1995 pertaining to this appeal. The Senior Civil Judge, Wanaparthy made an enquiry and passed a common award on 31-03-2000 enhancing the compensation to Rs.21,000/- with statutory benefits. Aggrieved by the said order, the Land Acquisition Officer has preferred AS No.2296 of 2000 pertaining to the claim in O.P.No.103 of 1995. This Court in its judgment dated 18-07-2006 dismissed the appeal, AS No.2296 of 2000, confirming the award of the lower court. There is no further appeal against that order. Since the subject matter in this present appeal and also the subject matter in the earlier appeal AS No.2296 of 2000 arises out of common judgment after trial of the both cases arising under the same award, the claimant will be entitled to the same benefits which were confirmed by this court. Therefore, in view of the above judgment in AS No.2296 of 2000 concerning the same award, the challenge by the appellant is not open and hence the appeal is liable to be dismissed. Accordingly, the Appeal Suit is dismissed. In the circumstances, there shall be no order as to costs. ______________ GODA RAGHURAM,J __________________ N.R.L.NAGESWARA RAO,J 22nd NOVEMBER, 2010. TSNR