MOTILAL B. NAIK, J.

( 1 ) THE petitioners, numbering three, have approached this Court invoking the extraordinary jurisdiction of this Court under article 226 of the Constitution of India seeking to set aside the award dated 4. 11. 1997 made by the Special Court under a. P. Land Grabbing (Prohibition) Act, hyderabad, (for short "the Special Court") in L. G. C. No. 76 of 1996 on various grounds and to pass appropriate orders, which are deemed to be fit in the facts and circumstances of the case.

( 2 ) THE respondent in the writ petition filed a complaint before the Special Court alleging that Sri Ramachandra Reddy, sri Anantha Reddy and their brother are the owners of 3 acres 28 guntas of land situated in Sy. No. 58, T. S. No. l56-J-36/2 of zamistanpur village, Musheerabad Mandal (New Balajinagar), Hyderabad District. According to the applicant, in a family partition a portion of the land was allotted to sri Ramachandra Reddy together with the schedule property to an extent of 300 sq. yards in T. S. No. l56/j/36/2. Sri Ramachandra reddy sold the property to an extent of 300 sq. yards to the applicant under a registered sale deed dated 21. 5. 1980 under ex. A. 2 and put the applicant in possession thereof and since then he has been in possession and enjoyment of the said property.

( 3 ) THE applicant alleged before the special Court that the respondents, who are the petitioners in this writ petition, without any lawful entitlement grabbed his 300 sq. yards of property in the month of August, 1990 and raised illegal construction taking advantage of the fact that the applicant was working in a. P. S. R. T. C. at Visakhapatnam at the relevant point of time.

( 4 ) IN the counter filed on behalf of the respondents, who are the petitioners in this writ petition, it is admitted that the schedule property is a part of large extent of the property owned by the vendors sri Ramachandra Reddy and his brothers. But it was stated in the counter that the entire property in old Sy. No. 58 was agreed to be sold by Sri Ramachandra reddy and his brothers to the Gruha lakshmi Co-operative Housing Society limited (for short "the Society") under an agreement of sale dated 23. 1. 1976. The respondents, being the members of the society, were allotted 100 sq. yards of land each, which is the application schedule property, and they raised structures thereon subsequently.

( 5 ) IN the rejoinder, the applicant stated that though originally the entire extent was the subject matter of the sale in favour of the Society, the Society surrendered 2700 sq. yards of land out of the subject matter of agreement of sale dated 23. 1. 1976 to the vendor i. e. , Sri Ramachandra Reddy as it was found rocky and unsuitable for housing purposes. The said surrender was duly ratified by the Society at its meeting and later it was confirmed on 12. 1. 1987.

( 6 ) ON the basis of these claims, the special Court framed the following issues for consideration:"1. Whether the applicant is the owner of the application schedule property? 2. Whether the rival claim set up by the respondents is true and valid? 3. Whether this Land Grabbing Case is not maintainable in view of the pendency of O. S. No. 1266 of 1988 on the file of the Court of the i Addl. District Judge, City Civil court, Hyderabad? 4. Whether the respondents are land grabbers within the meaning of A. P. Act XII of 1982? 5. To what relief?"

( 7 ) TO prove the settled issues, on behalf of the, applicant two witnesses were examined, PW1 being the applicant himself and PW2 being the President of the gruha Lakshmi Co-operative Housing society Limited and Exs. A. 1 to A. 13 were marked. On behalf of the respondents the 1st respondent was examined as RW1 and exs. B. l to B. 14 were marked.

( 8 ) ON the basis of oral and documentary evidence, the Special Court decided issues 1 and 2 in favour of the applicant and against the respondents, who are the writ petitioners before this Court. The Special Court, while deciding issues 1 and

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