(Ranjan Gogoi, R. Banumathi and Navin Sinha, JJ.)
P. Gopala Reddy (Dead) Thr. Lrs. & Ors. etc. ___________ Appellant(s)
v.
The Government of Andhra Pradesh & Ors. etc. ________ Respondent(s)
Civil Appeal No(s). 6193-6196 of 2018 [Arising out of Special Leave Petition (Civil) No(s) 27208-27211 of 2014], decided on July 10, 2018
With
Civil Appeal No(s) 6197-6199 of 2018 [Arising out of Special Leave Petition (Civil) No(s) 27212-27214 of 2014]
The Order of the court was delivered by
Order
1. Delay condoned.
2. Leave granted.
3. We have heard the learned counsels for the parties.
4. Having perused the orders of the High Court under challenge in the present appeals we are of the view that in passing the impugned order(s) the High Court did not strictly comply with the directions contained in the order of this Court dated 26th September, 2011 passed in Special Leave Petition (Civil) No….CC 13881-13884 of 2011 by virtue of which it was hearing the matter in the exercise of review jurisdiction. This Court by its aforesaid order dated 26th September, 2011 having remitted certain issues to be raised before the High Court and the High Court having been requested to consider the same, though in the light of its review powers, it is our considered view, the High Court could not have refused to entertain the review application on the grounds cited. An adjudication in the light of the order of this Court dated 26th September, 2011 was called for which apparently do not take place. We, therefore, remand the matter to the High Court to be considered once again in the light of the directions contained in the earlier order of this Court dated 26th September, 2011 passed in Special Leave Petition (Civil) No….CC 13881-13884 of 2011 and on due consideration of the grounds urged and the materials placed by the parties.
5. We also permit the appellants to raise the contentions raised before this Court with regard to Survey No. 46 which has been held to be a water body and the rights thereto which have been held to have been abandoned by the predecessors of the appellants. The said question can be raised and all necessary materials can be laid before the High Court and the High Court is requested to record its findings on the said contentions also.
6. As the matter has remained pending for a long time we request the High Court to decide the matter at its earliest convenience.
7. Status quo with regard to the possession as on today shall be maintained by the parties till the High Court decides the matter.
8. The appeals as well as all pending applications are disposed of in the above terms.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 27208-27211/2014
P. Gopala Reddy (Dead) Thr. Lrs. & Ors. Etc ____________ Petitioner(s)
v.
The Government of Andhra Pradesh & Ors. Etc ________ Respondent(s)
(FOR CONDONATION OF DELAY IN FILING ON IA 1-3/2014 FOR CONDONATION OF DELAY IN REFILING ON IA 4-7/2014 IA NO. 115246/2017-EXEMPTION FROM FILING O.T)
WITH
SLP(C) NO. 27212-27214/2014 (XII-A)
(FOR CONDONATION OF DELAY IN FILING ON IA 1-2/2014 FOR CONDONATION OF DELAY IN REFILING ON IA 3-5/2014 FOR EXEMPTION FROM FILING O.T. ON IA 115254/2017)
Date : 10-07-2018 These matters were called on for hearing today.
(Before Ranjan Gogoi, R. Banumathi and Navin Sinha, JJ.)
For Petitioner(s) Mr. Guru Krishnakumar, Sr. Adv.
Mr. V.K. Shukla, Adv.
Mr. P.B. Suresh, Adv.
Mr. Vipin Nair, AOR
Mr. Udayaditya Banerjee, Adv.
Mr. Abhay Pratap Singh, Adv.
For Respondent(s)
Mr. Guntur Prabhakar, AOR
Ms. Prerna Singh, Adv.
Mr. R. Venkataramani, Sr. Adv.
Mr. R.V. Kameshwaran, AOR
Mr. Ram Sankar, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Delay condoned.
10. Leave granted.
11. The appeals are disposed of in terms of the signed order.
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