VAGGU AGAMAIAH Vs. SOUTH CENTRAL RAILWAY SECUNDERABAD

JUDGEMENT

(1.) This revision is filed by the unsuccessful Decree-holders in EA No. 130 of 1998 in EP No. 10 of 1992 in OP No.98 of 1996 on the file of the Principal Senior Civil Judge, Ranga Reddy.

(2.) The 1st respondent, South Central Railway, represented by its Deputy Chief Engineer, Construction, Secunderabad filed an application EA No.130 of 1998 in EP No. 10 of 1992 in OP No.98 of 1986 on the file of Principal Senior Civil Judge, Ranga Reddy under Order 1, Rule 10 CPC read with Section 151 CPC to be impleaded as a party to the proceeding. The contention of the 1st respondent, proposed party who intends to come on record is that the land was acquired at Kukatpally and Babbuguda village for the purpose of construction of goods shed at Sanathnagar Railway Station and the South Central Railway is an interested party in the said acquisition, but the Land Acquisition Officer alone was made party and the South Central Railway had appointed their own Advocate to defend their case and the Decree-holders filed EP seeking more amount than to which they are entitled to and hence there is a necessity to implead South Central Railway as a party to the litigation for the purpose of protecting the interests of the South Central Railway and also is public interest inasmuch as the South Central Railway is required to pay the amount from its funds. The revision Petitioners-Decree-holders had taken a stand that the Land Acquisition Officer-Special Deputy Collector, Land Acquisition (General), Hyderabad had acquired the land under the Land Acquisition Act and an award was made by him which was referred under Section 18 of the Land Acquisition Act and the decree-holders are not claiming any amount more than the amount to which they are entitled to in accordance with the decree and in accordance with law and hence the proposed party need not be impleaded as a party in the execution proceeding. The Court below after hearing the parties had permitted the proposed party to come on record as 2nd respondent in the main EP to the limited extent of assisting the Court in arriving at a conclusion for calculation of amounts and complying the orders of the Court for payment of the decretal amount as and when it becomes due on such ascertainment. The Decree-holders aggrieved by the said order had filed the present Civil Revision Petition.

(3.) Sree Srinivas representing Sri E.S. Ramachandra Murthy, the learned Counsel for the revision petitioners had made his submissions stating that Order 1, Rule 10 CPC is not at all applicable to execution proceeding and even otherwise the execution proceeding itself arises out of a decree made in OP No.98 of 1986 which is in relation to reference under Section 18 of the Land Acquisition Act and in such a proceeding Order 1, Rule 10 CPC cannot be invoked. The learned Counsel also had placed reliance on Neyveli Lignite Corporation Limited v. Special Tahsildar, Land Acquisition, Neyveli-2 and Ors., 1989 (1) MLJ 533 and had contended that the proposed party cannot be said to be a person interested as contemplated under Sections 3(b), 19(1)(d), 20, 50 Clause (2) Explanation of Land Acquisition Act. The learned Counsel also had drawn my attention to several other aspects which may not be relevant for the purpose of deciding the present civil revision petition.