MOTILAL B. NAIK, J.

( 1 ) WP No. 27803 of 1997 is filed by the respondent in LGC No. 25 of 1988 before the Special court under the Andhra Pradesh Land grabbing (Prohibition) Act, Hyderabad (for short "the Special Court") seeking to set aside the judgment dated 15-9-1997 made by the Special Court in LGC No. 25 of 1988 on various grounds.

( 2 ) WP No. 18345 of 1998 is filed by the respondent in LGC No. 25 of 1988 before the Special Court seeking to set aside the judgment dated 4-5-1998 made by the special Court in LGC No. 25 of 1988 on various grounds.

( 3 ) BEFORE adverting to the contentions raised by the petitioner, we briefly state few facts, which are germane for disposal of these two writ petitions.

( 4 ) THE State of Andhra Pradesh represented by the Mandal Revenue Officer, charminar Mandal, filed a complaint under section 8 of the A. P. Land Grabbing (Prohibition) Act, 1982 (for short "the Act") before the Special Court against the writ petitioners herein alleging that the writ petitioner grabbed an extent of Ac. 7. 16 gts. of land in Sy. No. 62/1 TS No. 1, Block, e , ward No. 264 of Bandlaguda village of charminar Revenue Mandal, out of total extent of Ac. 36. 03 guntas of land in sy. No. 62/1, and prayed the Special Court to evict the writ petitioner from the lands, which are under his illegal possession and to pass appropriate compensation also for wrongful possession.

( 5 ) IT is alleged in the complaint that the writ petitioner constructed a house, poultry farm, cattle shed, labour quarters in an extent of Ac. 6. 16 gts. of the application schedule land and also raising crops in the said land. The revenue records i. e. , Khasra pahanies and the Town Survey Register show that the land in Sy. No. 62/1 is registered as "suram Tank", which is a Government source of irrigation, being valuable and situated adjacent to the road leading to pahadi Sheriff main road which leads to the National High-Way No. 7. It is also alleged that the writ petitioner has grabbed the Government land and is in occupation of the land for about 14 years and the market value of the lands within the vicinity is Rs. 50,000/- to Rs. 1,50,000/- per acre and if they are made plots for housing purposes, the price will be at the rate of Rs. 50/- to rs. 100/- per sq. yard. It is also alleged that the land under occupation of the writ petitioner would fetch more than Rs. 6. 00 lakhs and mesne profits for the last 14 years would come to Rs. 2. 52 lakhs. The complainant prayed the Special Court for eviction of the writ petitioner from the application schedule land while restoring possession to the Government.

( 6 ) THE application was contested by the writ petitioner, being the respondent, filing a detailed counter inter alia pointing out that the Special Court has no jurisdiction to entertain the application as the writ petitioner-respondent is not a land grabber within the meaning of Section 2 (d) of the act. It is also contended in the counter that the applicant-Government seeking to declare the petitioner herein as a land grabber without looking to the fact that he has been in continuous possession of the land for more than 30 years and paying land revenue to the authorities. It is further stated in the counter that the structures were raised by him in the land in sy. Nos. 62/2 and 62/3, which are patta lands and he has been paying property tax for the structures and also obtained necessary pass books for the land in question from the competent authorities and pleaded that he cannot be declared as a land grabber.

( 7 ) ON the basis of the rival pleadings, the Special Court framed the following issues for consideration: 1. Whether the petition schedule land is Government land? 2. Whether the respondent has grabbed the Government land? 1 To what relief?

( 8 ) ON behalf of the complainant- applicant i. e. , State of Andhra Pradesh, two witnesses were examined and Exs. Al to A15 were marked. On behalf of the writ petitioner-respondent, two witnesses were e

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