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1986 Supreme(AP) 261

K.RAMASWAMY
GUDDI AGAMAIAH ALIAS GUNDDI AGAMAIAH – Appellant
Versus
MILITARY EState OFFICER, A. P. CIRCLE. , SECUNDERABAD S – Respondent


K. RAMA SWAMY, J.

( 1 ) THE revision petition arises an interesting question of execution of writ of mandamus issued by this Court under Article 226 of the Constitution of India. The petitioners obtained a writ of mandamas in W. P. 1204/71 on April 16, 1973 directing the respondents to put the petitioners back in possession of the lands bearing Survey Nos. 128/9 to 128/16, 331/3 and 331/4 situated in Qutbullapur Village in Ranga Reddy District; alternatively to take steps to aquire the lands forthwith. The alternative relief has lost its efficacy since the respondents have not chosen to acquire the lands nor delivered possession of the said lands to the petitioners. Therefore, the petitioners obtained an order from this court transmitting the decree for execution. Pursuant thereto the petitioner filed E. P. No. 50 of 1985 for execution. The Court below holding that Rule 23 of the writ proceeding Rules 1977, for short, "the Rules" framed by this court under Article 225 only postulates execution of costs and not delivery of possession. Accordingly, it dismissed the execution petition necessitating to tile this revision.

( 2 ) SRI K. Nagaraja Rao learned standing counsel for the respon




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