Judgment :-

Dalveer Bhandari, J.

1. This appeal is directed against the judgment dated 15th September, 2005 of the High Court of Andhra Pradesh at Hyderabad in writ petition No.3646 of 2003. In the said writ petition, the order passed by the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 at Hyderabad in Land Grabbing Code No.141 of 1989 dated 10.6.2002 was challenged.

2. The main grievance of the State of Andhra Pradesh in this appeal is that the case of the appellant was not decided on merit either by the Special Court or by the High Court. The Special Court decided the case entirely relying on a short order of this court in State of Andhra Pradesh & Others v. Merit Enterprises & Others (1998) 8 SCC 749. According to the appellant, the Special Court committed a serious error in invoking the concept of res judicata in the facts of this case.

3. In the impugned judgment, the High Court recorded the submissions of the appellant. The learned counsel for the appellant relied on the findings of the High Court on this aspect. Relevant findings are reproduced as under:

"The learned Special Court, according to the learned Government Pleader for Revenue, committed a mistake by holding that it was a case of res judicata, as respondents 22 to 59 were not parties to that judgment. It may be true that the judgment in M/s Merit Enterprises v. State of AP may not operate as res judicata, but at the same time, we agree with the learned counsel for the respondents that it was a piece of evidence in terms of Section 13 of the Evidence Act (I of 1872). Once the Court had decided, and the decision had been upheld even by the Supreme court that applicant-State Government was not the owner of the property in question, that judgment could be used as evidence."

4. It may be pertinent to mention that in the impugned judgment, the High Court has not gone into the question of ownership and possession. The relevant findings of the High Court are reproduced as under:-

"There is no finding by the Special Court as to who was in possession of the land. Therefore, we will not be in a position to decide the issue with regard to the possession and ownership over the said land, as this Court in its writ jurisdiction would not be able to appreciate the evidence although parties have led evidence with regard to the factual position. Therefore, while dismissing this writ petition, we make it clear that this Court has not gone into the question of ownership or possession."

5. According to the appellant, the courts have erroneously dismissed the appellants case by relying on orders passed in certain other proceedings.

6. The appellant submitted that in 1989, the State of Andhra Pradesh filed a petition under sections 7 and 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 against respondent no.1. According to the appellant, the land in question measured 18493 sq. mtrs. (approximately 4.23 acres) and fell within T.S. No.3/1/1/, Block S, Ward No.11 and T.S. No.3/1 (part) and 3/2 (part), Block U, Ward No.11, Shaikpet Village. The States further case is that this land was earlier Plot No.129/75/D5, which fell within erstwhile Survey No.403, which was earlier numbered as Survey No.129/1, comprising Acre 2967-27 Guntas and belonged to the State Government, having vested in it in 1949 along with the rest of the properties of the Nizam of Hyderabad.

7. The case was initially filed against respondent no.1 alone. Through various interim orders, respondent nos.2-59 got themselves impleaded. The respondents can be classified into two categories according to their interests: Respondent nos.1-21 had set up one case and respondent nos.22-59 had set up entirely a different case.

8. The case of respondent nos.1-21 was that the land corresponded to Plot No.129/75/D5, which land was assigned to one Mohammed Mahboob Ali Pasha (the father of respondent no.1) by the erstwhile Jubilee Hills Municipality in 1342 Fasli (corresponding to 1932 CE) and w