IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.6838 OF 2023 (Arising out of SLP(C)No.19023 of 2021)

IDIMUDI SAHADEVA NAIDU (DIED) THROUGH LRS. ... APPELLANTS

Versus

THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT. OF ANDHRA PRADESH & ORS. ... RESPONDENTS

WITH

CIVIL APPEAL No.6839 OF 2023 (Arising out of SLP(C)No.20095 of 2021)

CIVIL APPEAL No.6840 OF 2023 (Arising out of SLP(C)No.23806/23 @ D.No.245 of 2023)

CIVIL APPEAL No.6841 OF 2023 (Arising out of SLP(C)No.23807/23 @ D.No.33416 of 2023)

$0 R D E R$

The application for permission to file the Special Leave 1. Petition in SLP(C) No.23806/23 @ D.No.245 of 2023 is allowed.

2. The applications for deleting the names of proforma respondents from the array of parties are also allowed. Cause-title be amended accordingly.

Delay condoned. Leave granted.

The appellants claim themselves to be owners in possession of $$

the land admeasuring Ac.4.86 cents in Survey No.106/1, situated at Papampeta Village and Mandal, Ananthapur District. They are said to have constructed their houses over the subject land. The appellants were given notices under the provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. These notices, according to the appellants, were served pursuant to an Award dated 08.02.2020, passed by the National Lok Adalat, held by the High Court of Andhra Pradesh, Amravati, in terms whereof Writ Petition No.7247 of 2019, filed by respondent No.5, against the State of Andhra Pradesh and its authorities, was disposed of. The appellants were not parties to those proceedings. The appellants, therefore, laid a challenge to the notices as well as the above-mentioned Award of the National Lok Adalat before the High Court in Writ Petition No.17768 of 2021, which has been dismissed vide the impugned judgment dated 23.09.2021.

6. It transpires from the impugned judgment that respondent No.5 has filed another Writ Petition No.7840 of 2021 for implementation of the order passed by the Special Tribunal under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 and consequential removal of alleged encroachments from the subject property. Since the appellants are the persons stated to be in occupation of the part of the subject land, they have sought their impleadment in the above-stated Writ Petition.

7. We have heard learned counsel for the parties and carefully perused the material placed on record.

8. In our considered view :

(i) The appellants are prima facie necessary and proper

2

parties. If they pursue their impleadment application, they should be impleaded as party respondents in Writ Petition No.7840 of 2021. The High Court may pass appropriate order for their impleadment.

(ii) The appellants, if impleaded as party respondents, shall be entitled to raise all their pleas in the above-stated Writ Petition, which shall be gone into by the High Court in accordance with law.

(iii) Status quo re: possession shall be maintained in respect of the houses constructed at the site till the High Court considers all the issues in the pending Writ Petition or for four months, whichever is earlier.

(iv) The Award passed by the National Lok Adalat is akin to a decree passed by the Court of competent jurisdiction, and such a decree can be assailed by way of a Civil Suit, as observed by the High Court, if it has been fraudulently obtained. If so advised, instead of pursuing the impleadment application and contesting the said Writ Petition, the appellants may pursue their remedy before the Civil Court. However, if the appellants contest the Writ Petition and fail to defend it successfully, the remedy by way of a suit shall be barred.

(V) The onus will be on the appellants (in the pending Writ Petition or Civil Suit) to establish the title of their vendor, or the manner in which they have stepped into the shoes of the alleged vendor.

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The appeals stand disposed of in the above terms. 9.

It is clarified that we have not expressed any opinion on 10. the merits of the case.

As a result, the pending interlocutory applications also 11. stand disposed of.

. . . . . . . . . . . . . . . . . . . . (SURYA KANT)

. . . . . . . . . . . . . . . . . . . (DIPANKAR DATTA)

NEW DELHI; OCTOBER 17, 2023.

ITEM NO.31 COURT NO.5 SECTION XII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).19023/2021

(Arising out of impugned final judgment and order dated 23-09-2021 in WP No.17768/2021 passed by the High Court of Andhra Pradesh at Amravati)

IDIMUDI SAHADEVA NAIDU (DIED) THROUGH LRS. Petitioner(s)

VERSUS

THE PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVT. OF ANDHRA PRADESH & ORS. Respondent(s)

IA No.148770/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

IA No.41690/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

WITH

SLP(C) No. 20095/2021 (XII-A)

(APPLICATION

FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 159161/2021

IA No. 159161/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Diary No(s). 245/2023 (XII-A)

(FOR PERMISSION TO FILE PETITION (SLP/TP/WP/..) ON IA 19335/2023 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 19336/2023 FOR DELETING THE NAME OF PETITIONER/RESPONDENT ON IA 19339/2023 IA No. 19339/2023 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 19336/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT IA No. 19335/2023 - PERMISSION TO FILE PETITION (SLP/TP/WP/..))

Diary No(s). 33416/2023 (XII-A)

(FOR ADMISSION and I.R. and IA No.175512/2023-CONDONATION OF DELAY IN FILING and IA No.175524/2023-ADDITION / DELETION / MODIFICATION PARTIES and IA No.175510/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 17-10-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA

For Petitioner(s) Mr. Anand Padmanabhan R., Adv. Mr. V. Sridhar Reddy, Adv. Mr. Sunder Khatri, Adv.

Mr. Swayam Prakash Kashyap, Adv. Mr. Rohit Jaiswal, Adv. Mr. Abhijit Sengupta, AOR Mr. Narendra Dev Arya, Adv. For Respondent(s) Mr. Amol B Karande, Adv. Mr. Sravan Kumar Karanam, AOR Mr. Panga Shivannarayana, Adv. Mr. P. Santhosh Kumar, Adv. Ms. Medha Singh, Adv. Ms. Shireesh Tyagi, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. Kv Girish Chowdary, Adv. Mr. T Vijaya Bhaskar Reddy, Adv. Ms. Rajeswari Mukherjee, Adv. Mr. Meeran Maqbool, Adv. Mr. P.Shiva Narayana, Adv. Mr. Mullapudi Rambabu, Adv. Mr. Rajendra Prasad, Adv. For M/S. M. Rambabu and Co., AOR UPON hearing the counsel the Court made the following

O R D E R

1. The application for permission to file the Special Leave Petition in SLP(C) No.23806/23 @ D.No.245 of 2023 is allowed. 2. The applications for deleting the names of proforma respondents from the array of parties are also allowed. Cause-title be amended accordingly.

3. Delay condoned.

4. Leave granted.

5. The appeals stand disposed of in terms of the signed order.

6. As a result, the pending interlocutory applications also stand disposed of.

(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)