SUPREME COURT OF INDIA

Before:- G.T. Nanavati and S.N. Phukan, JJ.

Civil Appeal No. 7255 of 1999. D/d. 10.12.1999.

Mohd. Khursheed Ali - Petitioner

Versus

Spl. Court and others - Respondents

Andhara Pradesh Land Grabbing (Prohibition Act), 1982 - Civil Procedure Code, 1908, Order 1, Rule 10 - Impleading as party - Proceedings are almost at fag end and granting application of Impleading as party would result in unnecessary delay - For this reason rejection of application is proper - Clarifications are made that as the appellant is prevented from being impleaded as party so findings of the court not binding on him and open for him to take appropriate steps for asserting his right - Appeal Dismissed.

[Paras 5 and 6]

ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. This appeal is directed against the dis missal of the Writ Petition filed against the order passed by the Special Court, appointed under the Andhra Pradesh Land Grabbing (Prohibition Act), 1982, rejecting the appellant's application for being impleaded as a party in L.G.C. No. 35 of 1991.

4. The application was rejected on the ground that the same was filed very late and if that application was entertained then that was likely to cause delay in disposal of the case, which according to the Act is required to be disposed of within six months. Learned counsel for the appellant submitted that the appellant came to know about the proceedings very late as he is residing in U.S.A. and as soon as he came to know about the proceedings he made the application.

5. It is rightly pointed out by the Special Court that the proceedings are almost at the fag end and granting that application would result in unnecessary delay. If for this reason it thought fit to reject the application, it cannot be said that in doing so it has acted illegally or improperly. The High Court was also right in dismissing the Writ Petition.

6. However, it is clarified that as the appellant is prevented from being impleaded as a party in L.G.C. No. 35 of 1991 no finding recorded therein shall be binding on him and it shall be open to him to take appropriate steps for asserting his right in the property or to defend any proceeding that may be initiated against him. Subject to these observations, this appeal is dismissed.

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