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2003 Supreme(SC) 1015

D.M.DHARMADHIKARI, SHIVARAJ V.PATIL
State of A. P. – Appellant
Versus
P. V. Hanumantha Rao (D) Thr. Lrs. – Respondent


JUDGMENT

Dharmadhikari, J.-The State of Andhra Pradesh is in appeal against the common judgment dated 18.9.1996 passed by the High Court of A.P. in W.P. No. 10074 of 1992 and batch of writ appeals whereby the judgment dated 30.7.1992 of the Special Court, Hyderabad under the Andhra Pradesh Grabbing (Prohibition) Act, 1982 [for short the Act of 1982 ] has been reversed with declaration that the respondents are not land grabbers within the meaning of definition clause contained in Section 2(d) of the Act of 1982.

2. The principle submission made before us by the learned senior counsel appearing for the State of Andhra Pradesh is that the High Court in exercise of its writ jurisdiction had no justification, as in appeal, to re-appreciate the whole evidence led by the parties before the Special Court and record contrary conclusions. Reliance is placed on Swarn Singh & Anr. vs. State of Punjab & Ors. [AIR 1976 SC 232] and J.M.D. Alloys Ltd. vs. Bihar State Electricity Board & Ors. [2003(5) SCC 226, paras 14 and 15 at pages 237-238].

3. The learned senior counsel appearing for the respondents supported the judgment of the High Court contending that the Special Court, established under th


































































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