AIR 1995 ANDHRA PRADESH 46 ::(1996) 1 SCT 388 ::(1995) 4 ServLR 786

Andhra Pradesh High Court

Hon'ble Judge(s): Lingaraja Rath, B. Subhashan Reddy , JJ

(A) Andhra Pradesh Law Officers (Recruitment, Conditions of Service and Remuneration) Rules (1967) , R.30— Fee - Entitlement - Original petitions under S.30 of Land Acquisition Act - Such cases conducted by Law Officer comes under "other proceedings" under R. 30(1) - He would be entitled to feesunder Rules W. P. No. 9049 of 1989, D/-11-4-1991 (Andh Pra), Reversed. @page-AP47 Provisions under R. 30(5) and (7) have no effect of affecting the generality of the operation of sub-rule (1) which states about fees payable not only in civil suits or appeals, but also in other proceedings, which would undoubtedly include original petitions under S.30 of the Land Acquisition Act. Therefore it cannot be said that merely because sub-rule (7) of R. 30 of the Law Officers Fees Rules does not deal with other type of land acquisition cases except land acquisition cases between the claimant and the collector where the amount is enhanced by the court in excess of the award, obviously referring to references under S. 18 of the Land Acquisition Act, no fee is payable. Clearly such case, conducted by a Law Officer comes under "other proceeding" covered by sub-rule (1) of R. 30. Hence the Law Officer would be entitled to fees for the original petitions conducted by him. (Para 2) ....