SREE MULLAPUDI VENKATARAYUD, MEMORIAL MEDIAL TRUST, TANUKU Vs. CHIRAPU VARADA RAJU
HIGH COURT OF ANDHRA PRADESH
SREE MULLAPUDI VENKATARAYUD, MEMORIAL MEDIAL TRUST, TANUKU
CHIRAPU VARADA RAJU
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(1.)The appellant-trust for whose purpose and benefit Ac. 5-49 cents of land situate on the outskirts of Tanuku in the District of West Godavari, was acquired by the Land Acquisition Officer, the 2nd respondent herein, seeks to implead itself as a party to A. S. No. 352 of 1970 preferred by the Land Acquisition Officer and A. S. Nos. 411 and 412 of 1970 filed by the two claimants. Chitrapu Varadaraju and Kakarla Ravanamma, on the ground that it is a necessary or proper party. The applications have been dismissed by our learned brother A. D. V. Reddy, J. , holding that it is not a necessary party to the appeals. Hence these appeals.
(2.)Sri B. V. Subbaiah, the learned counsel appearing for the appellant, contended that his client is a necessary, or in any event, a property party to be brought on record in the aforesaid appeals preferred by the respective parties under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter called the Act) as it is very much interested in the result of the appeals, and sought the aid of the provisions of Section 50 (2) of the Act and Order 1, Rule 10 and Section 151 of the Civil Procedure Code in support of his plea.
(3.)Sri. N. Bapiraju, the learned Counsel for the claimants, opposed the claim of the appellant contending inter alia that the appellant is neither a person interested nor a necessary and proper party and this Court has no jurisdiction to implead it as a party to the appeals arising out of the proceedings under the Act.
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