order

1.This appeal is preferred against a judgment and order dated 13th of October, 1998 of the High Court of Judicature for Andhra Pradesh at Hyderabad in W.P. No. 6452 of 1995, whereby the Division Bench of the High Court had allowed the Writ Petition filed by the respondents and set aside the order dated 9th of June, 1994 passed by the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 at Hyderabad (for short “the Special Court”).

2.The only question that needs to be decided in this appeal is, “Can the High Court, in the exercise of its jurisdiction under Article 226 of the Constitution, set aside a finding of fact arrived at by the Special Court, under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short “the Act”) when such finding of fact of the Special Court was made on consideration of the evidence on record and could not be said to be perverse or arbitrary.?”

3.Briefly stated, the facts leading to the filing of this appeal are that the appellant, the State of Andhra Pradesh, filed an application under the Act against the respondents in the Special Court alleging, inter alia, that the 1st respondent was in occupation of 470 sq. yards