Omprakash Verma & Ors vs State Of A.P. & Ors

2) Brief facts:-

(b) By G.O.Ms. No. 391 MA, dated 23.06.1980, the Master Plan as on 17.02.1976 was amended and the land in Survey No. 83 was included in the Second Master Plan which came into force w.e.f. 29.09.1980 vide Government Memo No. 1439-UC.I/80-2, dated 10.12.1980 as a result of which re-computation of the land in the said Survey No. 83 had to be carried out in accordance with the ULC Act.

(e) On 05.08.1992, Inspector General of Registration issued a memo directing the District Registrar to cancel the sale deeds. The District Registrar, on 03.09.1993, ordered cancellation of the sale deeds. Being aggrieved by the abovesaid order, W.P. No. 18385 of 1993 and W.P. No. 238 of 1994 were filed where owners were impleaded as parties. By order dated 27.07.1994, learned Single Judge set aside the orders of the District Registrar nullifying the sale deeds regarding the land in question. By order dated 06.10.1994, another learned Single Judge following the above order allowed their petition whereas W.A. No. 1220 of 1994 arising out of W.P. No. 238 of 1994 filed by the State was dismissed by a Division Bench on 28.10.1994.

(h) Without taking any action on the aforesaid three representations, the State Government, in exercise of its powers under Section 23 of the ULC Act issued G.O.Ms.No. 161 dated 13.02.2006 purporting to allot Ac.424.13 gts out of Ac.526.27 gts in Survey No. 83 to the Andhra Pradesh Industrial Infrastructure Corporation Limited (in short `APIIC'), Hyderabad, the 4th Respondent 8 herein. On 15.02.2006, the State Government issued G.O.Ms.No. 183, extending the time up to 31st March 2006 for submitting the applications accompanied by the amount of compensation under the aforesaid G.O. Nos.

17. For the aforesaid reasons, CAs Nos. 3813 of 1996, 7238 and 7239 of 2001 are allowed and CAs Nos. 1149 of 1985 and 10851 of 1996 are dismissed. The parties are left to bear their own costs."

(vi) Once leave to appeal has been granted and appellate jurisdiction of Supreme Court has been invoked the order passed in appeal would attract the doctrine of merger; the order may be of reversal, modification or merely affirmation.

On the other hand, we are of the view that the decree which we have extracted in the earlier part of our judgment makes it clear that the allowing of the appeals filed by the State in Audikesava Reddy's case clearly means that the High Court judgment is set aside and the writ petitions are dismissed.

As observed earlier, till date, no application has been filed for correction of decree. On the other hand, we have already held that in the case on hand the decree is consistent with the judgment. As the High Court had allowed the writ petitions only on one ground based on Atia Begum's case and as this Court had overruled the said judgment, it was not inclined to go into the question relating to filing of declaration by owners under wrong impression. The direction that the appeals are allowed can have only one meaning and the meaning is that the judgment of the High Court is set aside and the writ petitions are dismissed. In view of the same, there is no occasion for making any correction even suo moto and 53 that too after a lapse of nine years from the date of the judgment.

27) To meet the above contentions, learned Attorney General has made an elaborate argument by drawing our attention to the decree prepared by the Registry. In fact, we also summoned the original decree drafted by the Registry. A judgment comprises three segments (i) the facts and the point at issue; (ii) the reasons for the decision and (iii) the final order containing the decision.

Order XX CPC requires a judgment to contain all the issues and findings or decision thereon with the reasons therefor. The judgment has to state the relief allowed to a party. The preparation of decree follows the judgment.

43) It is not in dispute that the Panchnama has not been questioned in any proceedings by any of the appellants.

Though the said aspect had not been disputed by the appellants, however, it is pointed out that the mentioning 71 of "grazing lands" in the said declaration is not conclusive.

47) Various third parties have filed separate applications by way of I.As in these appeals praying for certain reliefs.

In view of the disposal of the appeals, they are free to approach the appropriate authority/court to vindicate their grievance if the same is permissible under law.

48) In the light of the above discussion, we do not find any merit in the appeals filed by the appellants.

Consequently, they are dismissed. No order as to costs.

OCTOBER 8, 2010.