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2003 Supreme(AP) 563

Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, C.V.RAMULU
Bandari Ramachander - Appellant
Versus
Special Court under A.P.Land Grabbing (Prohibition) Act, Hyderabad - Respondent
Decided On : 04-16-03

Headnote:

Andhra Pradesh land Grabbing (Prohibition) Act - Sub-section (1) of Section 8 – quash - convenience - initiating criminal action - Writ petitions may be disposed of by a common order since they are all interconnected and questions that require resolution in all of them are substantially same - Writ petitions may have to be noticed in order to consider as to whether impugned judgments rendered by special Court are vitiated for any reason requiring our interference in exercise of certiorari jurisdiction - Whether the judgments review are vitiated by any error apparent on face of record is question that falls for our consideration - Held, In view of our finding that entire land of village Mandal belongs to Government and not to any private individuals or societies question of effecting mutation and changes in revenue records incorporating names of any private individuals or societies as such does not arise - Proceedings initiated and orders passed by Mandal Revenue officer are absolutely frivolous in their nature - Even order of remand passed by Joint Collector which is impugned in this Writ petition is nothing but a futile exercise names of any private individuals or societies cannot be entered in any revenue records and record of rights in view of our finding that entire land of village - Writ petition dismissed

B. SUDERSHAN REDDY, J.

( 1 ) THESE writ petitions may be disposed of by a common order, since they are all interconnected and the questions that require resolution in all of them are substantially the same.

( 2 ) W. P. NOS. 889,1976,2260,2267 of 1998;4156 and 13650 of 2000 are directed against the common judgment dated 31-12-1997 made in L. G. C. Nos. 131 and 136 of 1995 by the Special Court under the Andhra Pradesh land Grabbing (Prohibition) Act, hyderabad (for short the Special Court ). W. P. Nos. 3062 and 3120 of 1998 are directed against the judgment dated 31-12-1997 made in L. G. C. No. 110 of 1994 and W. P. No. 6240 of 1995 is directed against the common judgment dated 6-2-1995 made in L. G. C. Nos. 21 and 22 of 1994 by the Special Court.

( 3 ) SUBSTANTIALLY the issues that arise forconsideration are one and the same in all these writ petitions.

( 4 ) THE relevant facts leading to filing ofthese writ petitions may have to be noticed in order to consider as to whether the impugned judgments rendered by the special Court are vitiated for any reason requiring our interference in exercise of certiorari jurisdiction. Whether the judgments under review are vitiated by any error apparent on the face of the record, is the question that falls for our consideration. W. P. Nos. 889,1976, 2260, 2267 of 1998, 4156 and 13650 of 2000.

( 5 ) FOR the sake of convenience, the partiesherein shall be referred to as arrayed in l. G. C. Nos. 131 and 136 of 1995.

( 6 ) RAVINDRA Co-operative Housingsociety and four others (petitioners in w. P. No. 1976 of 1998) filed application in l. G. C. No. 131 of 1995 under sub-section (1) of Section 8 of the Andhra Pradesh Land grabbing (Prohibition) Act (for short the act ) for declaring the said society as lawful possessor and applicants 2 to 5 as owners of an extent of Ac. 40-00 of land forming part of survey No. 100 of Miyapur village, serilingampally Municipality and for declaring one Bandari Ramachander and 27 others (respondents 1 to 28 in LGC No. 131 of 1995 as well as in W. P. No. 1976 of 1998) as land grabbers and for initiating criminal action against them under the provisions of the Act.

( 7 ) THE case set up by the applicants inlgc No. 131 of 1995 is that one raheemunnisa Begum W/o. Abdul Salam was the pattedar of Survey No. 100 of miyapur village, Serilingampally Mandal and Municipality, Rangareddy District. The total extent of land in Survey No. 100 is ac. 277-05 guntas. The said Raheemunnisa begum sold an extent of Ac. 140-00 in the said survey number to one Chandra ramalingaiah, father of applicants 2 to 5, kavuri Venkata Subbarao, Y. Bhagyavathi) dasari Laxmi, Venkata Subbayamma, devineni Chandra Shekara Rao, Ravi savithri Devi and Kavuri Sarojini Devi jointly through a sale deed registered as document No. 11/1965 dated 5-1-1965. The required permission of the Tahsildar, under sections 47 and 48 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950, was also obtained. The application schedule land is the undivided share of late Chandra Ramalingaiah, father of applicants 2 to 5. They were in joint possession of the lands purchased by them. Chandra Ramalingaiah, father of applicants 2 to 5 expired on 7-2-1973 and his estate was partitioned among his legal heirs under an agreement of partition dated 15-4-1975. Thus the application schedule land fell to the share of applicants 2 to 5. It is further pleaded that an extent of Ac. 20-27 guntas fell to the share of the second applicant and the said extent is covered by Survey no. 100/d/7 forming part of Survey no. 100/a. Applicants 3,4 and 5 have got ac. 2-38 guntas each and the extents fell to their share are covered by Survey no. 100/d/8, 100/d/9 and 100/d/10 forming part of Survey No. 100/a. Their names were accordingly incorporated in the revenue records.

( 8 ) WE may at once notice that the subdivisionsof Survey No. 100 referred to hereinabove were made for the convenience of applicants 2 to 5 inter se among th



















































































































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