IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.679 OF 2010 DATED:19.10.2010 Between: Vangala Kanakamma and others … Appellants And The Government of Andhra Pradesh Rep. by its District Collector and District Magistrate, Adilabad District and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.679 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Claim for regularization of land comprising Survey No.87 at Mancherial Town of Adilabad District, was rejected by the Collector, consequently Writ Petition No.13724 of 1990 which was disposed of directing the authorities to consider the claim of the petitioners – appellants herein for regularization of possession which was appealed against by third respondent by medium of Writ Appeal No.209 of 1991. While dealing with the appeal the Division Bench noticed that the parties to the suit had already engaged themselves before the Civil Court therefore directed the impleadment of the State in the suit. The impleadment was affected and the suit filed by the appellants was dismissed whereas the suit filed by third respondent was decreed. Subsequent thereto, execution proceedings were initiated by third respondent which clinched by delivery of possession to the said respondent through Court bailiff on 28.6.1996. The judgment and decree favouring third respondent as also the dismissal of the appellants’ suit were challenged by the appellants in 1st appeals - A.S. Nos.19 and 20 of 1994 before District Court, Adilabad, but both the appeals were dismissed on 11.12.1995 and the 2nd appeals, two in number, being S.A. Nos.185 and 193 of 1996 were filed by the appellants herein which too were dismissed on 11.6.1996, resultantly, the judgment and decree favouring 3rd respondent attained finality but the appellants did not stop there and filed another suit being O.S. No.1 of 1998 before the District Court, Adilabad, impleading the State Government as one of the defendants besides private parties, including third respondent herein which was dismissed on 31.10.2000. Notwithstanding the fact that the judgments have become final, yet another application was filed by the appellants seeking regularization of possession which was dismissed by the District Collector on 2.3.2001. It is this order which was questioned before the writ Court. Taking notice of the fact that the respondents have obtained the possession through execution of a judgment and decree passed by the competent Court jurisdiction, the learned single Judge refused to interfere and we find no fault with the judgment. Situated thus, writ appeal is dismissed. However, we choose to take a lenient view and not to burden the appellants with exemplary costs because the other side is not put on notice as yet. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 19-10-2010 B. Narsinga Rao