Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Forest Settlement Officer's letter recording that the claimants' claims were established and deserved to be admitted and allowed constituted an order under Section 13 of the Andhra Pradesh Forest Act, 1967 so as to permit an appeal to the District Judge.
Analysis: The expression "order" in Section 13 was held to be wide enough to include every decision or determination made under Sections 10 and 11. The letter was not a mere correspondence; it recorded a completed enquiry, appreciation of evidence, and a definitive finding that the claims were genuine and had to be allowed, with exclusion of the patta lands from the proposed forest block. The fact that the officer awaited prior approval under the Forest Conservation Act, 1980 before issuing a final formal award did not detract from the adjudicatory character of the determination already made. The appellant, having itself treated the letter as an adverse decision and pursued the statutory appeal, could not later challenge the maintainability of that appeal.
Conclusion: The letter amounted to an appealable order under Section 13, and the appeal before the District Judge was maintainable.
Ratio Decidendi: Where a statutory authority conclusively determines claims after enquiry and records findings on merits, the communication embodying that determination is an appealable order even if a further formal step remains before issuance of the final award.