IMPORTANT POINTS
Two cases filed between same parties over same suit land for grant of relief under same Act ought to have been clubbed together.
High Court cannot decide a writ petition as an appellate court.

JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) These appeals are filed against the final judgment and order dated 17.09.2014 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in Writ Petition No. 15055 of 2004 and Writ Petition No. 27567 of 2008 whereby the Division Bench allowed Writ Petition No.15055 of 2004 by reversing the judgment dated 16.06.2004 of the Special Court in LGC No.41 of 1998 and dismissed Writ Petition No. 27567 of 2008 while confirming the judgment dated 23.10.2008 of the Special Court in LGC No.50 of 2004.

3) In order to appreciate the issues involved in these two appeals, few relevant facts need mention.

4) The dispute in these appeals relate to land bearing old Survey No. 129 (new Survey No. 358), T.S. Nos.1/3 and 5/3 situated at Banjara Hills, Hyderabad (hereinafter referred to as the "suit land”).

5) The questions, which broadly fall for consideration in these appeals are, first, who is/are the owner(s) of the suit land and, if so, on what basis and of which portion and for how much area; Second, who is/are in possession of the suit land and of how much area and of which portion and since when and whether their possession has been legal on such area and, if so, its basis and whether they or any of them have, at any point of time, encroached upon any parcel of suit land to the detriment of its owner's interest and, if so, to what extent, they encroached and since when ?

6) These questions have to be decided in the light of the relevant provisions of The Andhra Pradesh Land Grabbing (Prohibition) Act, 1982(hereinafter referred to as “the Act”).

7) Two cases were filed by the respondents through power of attorney holder against the appellant herein before the Special Court under Section 8 of the Act for claiming possession of the portion of the suit land.

8) One case was filed on 02.01.1998, i.e., (LGC No.41/1998) whereas the other was filed on 15.04.2004,i.e.,(LGC No.50/2004). So far as LGC No. 50/2004 is concerned, it was filed two months prior to the disposal of first case, i.e., LGC No. 41/1998.

9) So far as LGC No.41/1998 is concerned, it was filed against Kazimmunisa (since dead and now represented by her legal representative-appellant herein) as non-applicant No. 1, District Collector, Ranga Reddy District as non applicant No. 2 and the Special Officer,Urban Land Ceiling, Hyderabad as non applicant No. 3.

10) So far as LGC No. 50/2004 is concerned, it was filed only against Kazimmunisa and her family member as non-applicant No. 1 (now represented by her legal representative).

11) In other words, in LGC No.50/2004, District Collector, Ranga Reddy Dist. and Special Officer, Urban Land Ceiling, Hyderabad were not impleaded as non-applicants though both these State authorities were impleaded in LGC No. 41/1998 as non-applicant Nos. 2 and 3.

12) So far as LGC No. 41/1998 is concerned, the application was founded on the allegations that the respondents are the owners of the suit land. The respondents, in support of their claim of ownership over the suit land traced their title through some documents of title of their predecessor-in-title, entries in the revenue records and other documentary evidence and on the basis of these documents, alleged that their title over the suit land including portion of the suit land is prima facie established as against the appellant.

13) The respondents then alleged that the original appellant herein (non-applicant No. 1 in the case) illegally and without any lawful title and authority has encroached upon a portion of the suit land of which the respondents are the owners and hence under the provisions of the Act, the respondents have become entitled to claim possession of the illegally encroached portion of the suit land from the appellant which essentially belonged to them.

14) The appellant (non-applicant No. 1) denied the respondents’ case and contended that, firstly, the respondents are not the own