APHC010413722007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA LAND ACQUISITION APPEAL SUIT NO: 86/2007 Between: 1. THE LAND ACQUISITION OFFICER AND SDC (LA), ONGC RAJAHMUNDRY ...APPELLANT AND 1. U SUBBA RAO, S/O.JAGANNADHAM R/O.RUSTUMBADA NARASAPUR (M) WEST GODAVARI DT. ...RESPONDENT Appeal against the Judgment and decree passed in OP No. 22 of 1997 dated 24-2-2004 on the file of the court of the Senior Civil Judge, Narsapur. IA NO: 1 OF 2005(LAASMP 446 OF 2005 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 239 days in filing the AS No. /2005 against OP No. 18 of 1997 on the file of the court of Senior Civil Judge, Narsapur and pass such other order or orders IA NO: 2 OF 2005(LAASMP 447 OF 2005 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of certified copy of the common order dated 24-2- 2 2004 in OP No. 22 of 1997 and batch on the file of Senior Civil Judge's Court, Narsapur IA NO: 3 OF 2005(LAASMP 1155 OF 2005 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including the execution of decree and judgment dated 24-2-2004 in O.P.No.22 of 1997 on the file of Court of the Senior Civil Judge, Narasapur pending disposal of the above Appeal IA NO: 4 OF 2005(LAASMP 3447 OF 2005 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the time granted by this Hon'ble Court for depositing half of the decreetal amount upto 26-7-2005 (i.e., the date of deposit) IA NO: 1 OF 2012(LAASMP 363 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased the LAAS No. 86/2007 may be posted for "For Being Mentioned" for passing necessary orders in the interest of Justice and pass Counsel for the Appellant: 1. D S SIVADARSHAN 2. 2004/GP FOR LAND ACQUISITION Counsel for the Respondent: 1. 3889/K CHIDAMBARAM 3 The Court made the following Judgment: (Per Hon’ble Sri Justice Battu Devanand) I.A.No.1 of 2012 (L.A.A.S.M.P.No.363 of 2012) (For Being Mentioned Petition) This application is filed seeking to post L.A.A.S.No.86 of 2007 under the caption ‘for being mentioned’ for passing necessary orders in the interest of justice. 2. The learned counsel for the petitioner/respondent would submit that against the order, dated 24.02.2004 in O.P.No.22 of 1997 on the file of the learned Senior Civil Judge Narsapur, the Land Acquisition Officer filed L.A.A.S.No.86 of 2007. In the said appeal, the sole respondent died on 12.06.2008. After receiving the death information of the respondent, learned counsel for the respondent ascertained the particulars of the legalheirs of the deceased respondent and informed the same to the learned counsel for the appellant vide letter dated 05.04.2010. But no steps have been taken to implead the legalheirs of the deceased respondent, as such, this appeal was abated. 3. Learned counsel further submits that he could not bring this fact to the notice of the Court, while this appeal is coming along with other batch matters. The said appeal was partly allowed by common judgment, dated 14.07.2011. 4. Since the said judgment against a dead person is disrespectable, learned counsel requested to pass necessary orders in this appeal. Learned counsel for the appellant also did not dispute the fact that the sole respondent 4 died during the pendency of the appeal and LRs were not brought on record inspite of information furnished by the learned counsel for the respondent and consequently the appeal was disposed of by passing common order against the dead person. 5. Considering the facts and circumstances of this case, in our considered view, it is appropriate to recall the common judgment dated 14.07.2011 in so far as L.A.A.S.No.86 of 2007 only. L.A.A.S.No.86 of 2007 Considering the facts and circumstances of the case and for the reasons stated herein above, this Land Acquisition Appeal Suit is dismissed as abated. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date: 19.02.2026 SPP 5 HON’BLE SRI JUSTICE BATTU DEVANAND AND HON’BLE SRI JUSTICE SUBHENDU SAMANTA L.A.A.S.No.86 of 2007 (per Hon’ble Sri Justice Battu Devanand) Dated 19.02.2026 SPP