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2021 Supreme(SC) 475

HEMANT GUPTA, A.S.BOPANNA
State of Kerala – Appellant
Versus
Joseph & Company – Respondent


Advocates appeared:
For the Petitioner(s):Jishnu M.L., G. Prakash, Priyanka Prakash, Beena Prakash, Advocates
For the Respondent(s):Thomas P. Joseph, Prashant Padmanabhan, John Joseph Vettikkad, Dinny Thomas, Asish Sarkar, M. P. Vinod, Advocates

JUDGMENT :

A.S. Bopanna, J.

1. Leave granted.

2. The appellant-State of Kerala is assailing the order dated 10.07.2015 passed by the High Court of Kerala at Ernakulam in W.A. No.369/2011 and W.A. No. 375/2011. The said appeals had arisen out of the proceedings in Writ Petition No.1207/2005 wherein through the order dated 17.01.2011, the petition was disposed of to the extent of quashing the order declining value of usufructs (Ex.41). The order (Ex.39) by which the lease in favour of Respondent had been terminated was upheld. It is in that view, the writ petitioner-M/s. Joseph & Company as also the respondent-State of Kerala had filed the Writ Appeals to the extent they were aggrieved. The learned Division Bench of the High Court through the impugned order dated 10.07.2015 has allowed the appeal filed by M/s. Joseph & Company, thereby setting aside the order terminating the lease and the appeal filed by State of Kerala was dismissed. It is in that light, the appellant-State of Kerala claiming to be aggrieved is before this court.

3. The genesis of the case is that erstwhile Travancore-Cochin Government had by a notification in the year 1953 auctioned certain abandoned portions of Beatri

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