JUDGMENT

A.K. Patnaik, J.

1. Delay in filing of SLP (C) No. 23821 of 2008 is condoned.

2. Leave granted.

3. These appeals are against two separate orders dated 04.06.2007 and 05.06.2007 passed by the Division Bench of the High Court of Andhra Pradesh in Writ Petition No. 8613 of 2002 and Writ Petition No. 18642 of 2004 respectively and raise two common questions of law whether it is mandatory for the Special Tribunal or the Special Court to call for a report of the Mandal Revenue Officer before taking cognizance of a case under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') and whether it is mandatory for the Special Tribunal or the Special Court to publish a notification in the Gazette notifying the fact of cognizance of a case under the Act.

4. The facts in Civil Appeal arising out of SLP (C) No. 23821 of 2008 are that the Appellant R.S. Murthy filed L.G.O.P. No. 570 of 1992 before the Special Tribunal, Ranga Reddy District, alleging that the Respondents German Reddy and Tresa German Reddy had demolished the compound wall of the Appellant constructed over his land measuring 606 sq. yards in Plot No. 439 in Survey No. 33 of Guttalabe gumpet Village in Ranga Reddy District, with a view to grab the same and was raising structures thereon and prayed inter alia that the Appellant be declared as the owner of the land and be given possession of the land and the Respondents be declared as land grabbers and punished under the Act. Respondents filed a counter affidavit and denied the allegations made by the Appellant. The Special Tribunal framed issues and commenced the trial. The Special Tribunal appointed an Advocate Commissioner to demarcate the property of the Appellant and the Advocate Commissioner submitted a report dated 28.12.1996 which revealed that the Respondents had encroached upon the property of the Appellant. By order dated 18.04.1996, the Special Tribunal declared the Respondents as land grabbers and directed delivery of possession of the land to the Appellant and also directed prosecution of the Respondents. Respondents filed an appeal along with an application for condonation of delay of 221 days before the Special Court. By order dated 13.03.1997, the Special Court refused to condone the delay and dismissed the appeal. Aggrieved, the Respondents filed Writ Petition No. 12610 of 1997 in the High Court of Andhra Pradesh and the High Court allowed the Writ Petition and condoned the delay in filing the appeal by the Respondents before the Special Court. The Special Court then heard the appeal of the Respondents on merits and dismissed the same. The Respondents filed Writ Petition No. 27848 of 1998 and by an order dated 13.10.2001 the High Court remanded the matter to the Special Court again and the Special Court remitted the matter to the Special Tribunal to give an opportunity to the Respondents to file objections to the Advocate Commissioner's report and to adduce evidence. The Special Tribunal again passed orders on 18.09.2002 declaring the Respondents as land grabbers. The Respondents filed appeal before the Special Court and by order dated 16.08.2004 the Special Court dismissed the appeal. Aggrieved, the Respondents filed Writ Petition No. 18642 of 2004 and by the impugned order, the High Court allowed the Writ Petition on the grounds that the Special Tribunal had not called for a report of the Mandal Revenue Officer under Rule 6 of the Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988 (for short 'the Rules') and had also not issued a notification under Rule 7 of the Rules in the Andhra Pradesh Gazette after taking cognizance of the case.

5. The facts of Civil Appeal arising out of SLP (C) No. 21828 of 2007 are that the Appellant Pesara Pushpamala Reddy filed Land Grabbing Case No. 5 of 1990 under the Act against the Respondents G. Veera Swamy and others before the Special Tribunal, Warangal, alleging that the Respondents G. Veera Swami and others illegally grabbed and occupied his la