(Rohinton Fali Nariman and Sanjay Kishan Kaul, JJ.)
Sheik Ahmed Bin Md. Amoodi (D) Tr. Lrs. & Ors. _______ Appellant(s)
v.
State of Andhra Pradesh & Ors. _____________________ Respondent(s)
Civil Appeal Nos. 5439-5440 of 2015, decided on August 9, 2017
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. The present appeals arise from a judgment of the Andhra Pradesh High Court dated 25th April, 2007, which judgment confirmed the judgment of the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. By the aforesaid judgment, the appellants have been declared to be land grabbers, and have been asked to deliver possession of property admeasuring 15 acres, 2839 sq.mtr and 317 sq.mtrs. The matter has been argued at some length before us by both sets of counsel. We have been taken through the Special Court judgment in great detail, and it appears that the Special Court was greatly influenced by the fact that a very large number of documents produced by the appellants were either fabricated or found not to be genuine. We have ourselves examined this aspect of the case in some detail as Shri C.S. Vaidyanathan, learned senior counsel appearing on behalf of the Government, took us through this judgment in great detail.
3. The sheet anchor of the appellants’ case before us is certain civil proceedings that took place in a suit filed by one Bhaskar Rao as far back in 1968, which suit was dismissed, and first appeal and Letters Patent Appeals were also dismissed. The findings in that suit, both on title as well as possession, in favour of the present appellants, were pressed before us in order to buttress the case that the appellants could not possibly be held to be land grabbers. In our opinion, we do not think that this is a fit case to interfere under Article 136 of Constitution of India and exercise our discretionary jurisdiction for the reason that we are equally convinced, as was the Special Court, that a large number of bogus or fabricated documents have been relied upon by the appellants.
4. The appeals therefore stand dismissed.
Civil Appeal No(s). 5439-5440/2015
Sheik Ahmed Bin Md. Amoodi (D) Tr. Lrs.&Ors ____ Appellant(s)
v.
State of Andhra Pradesh. & Ors __________________ Respondent(s)
WITH
C.A. No. 5442-5456/2015 (XII-A)
C.A. No. 5441/2015 (XII-A)
Date : 09-08-2017 These appeals were called on for hearing today.
(Before Rohinton Fali Nariman and Sanjay Kishan Kaul, JJ.)
For Appellant(s) Mr. B. Adinarayana Rao, Sr. Adv.
Mr. G. Ramakrishna Prasad, AOR
Mr. Wasay Khan, Adv.
Mr. Suyodhan Byrapaneni, Adv.
Ms. Filza Moonis, Adv.
Mr. Bharat J. Joshi, Adv.
Mr. Dushyant Dave, Sr. Adv.
Mr. V.V.S. Rao, Sr. Adv.
Ms. Bina Madhavan, Adv.
Mr. Mrityunjai Singh, Adv.
Mr. Piyush Dwivedi, Adv.
Ms. Elizabeth Antony, Adv. for
for M/s. Lawyer S Knit & Co, AOR
Mr. R. Santhan Krishnan, Adv.
Mr. Lokesh Sharma, Adv.
Mr. C. S. N. Mohan Rao, AOR
For Respondent(s) Mr. C.S. Vaidyanathan, Sr. Adv.
Mr. P. Venkat Reddy, Adv.
Mr. Prashant Kr. Tyagi, Adv. for
M/s. Venkat Palwai Law Associates, AOR
Mr. Ajay Choudhary, AOR
Mr. C. S. N. Mohan Rao, AOR
Mr. John Mathew, AOR
Mr. V. Giri, Sr. Adv.
Mr. Ananga Bhattacharyya, AOR
Ms. Devahuti Tamuli, Adv.
Ms. C. K. Sucharita, AOR
Mr. G. N. Reddy, AOR
Mr. Venkateshwar Rao Anumolu, Adv.
Mr. Prabhakar Parnam, Adv.
UPON hearing the counsel the Court made the following
ORDER
Civil Appeal Nos. 5439-5440/2015:-
5. These appeals are dismissed.
C.A. No. 5442-5456/2015 & C.A. No. 5441/2015:-
6. List these appeals on 16th August, 2017.
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