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2001 Supreme(AP) 1485
Andhra Pradesh High Court
Judges : G.ROHINI, MOTILAL B.NAIK
State Of A.P. - Appellant
Versus
G.Venkamma - Respondent
W.P.Nos.19615/98 etc.,
Decided On : 11-23-01
Advocates Appeared :
Mr.D.Gopal Rao,Mr.N. Rajageswara Rao,Mr.K.Ramakantha Reddy,Mr.M.V.Durga Prasad,
Headnote:AP LAND GRABBING (PROHI-BITION) Act, 1987, Secs2(d) & (e) & 7(1) - EVIDENCE ACT, Sec114 - Illustration (d) - “Land Grabber” - Meaning of - Government filed Land Grabbing Cases to declare respondents as grabbers and for eviction - Special Court dismissed LGCs holding that possession of respondents is lawful and they are not land grabbers within the meaning of Sec2(d) & (e) - Government filing Writ petition assailing order of Special Court - Contention that respondents are encroachers of Government land and their title cannot be perfected by adverse possession only on ground of continuous possession - On oral and documentary evidence it is clearly established that respondents have been in possession to the knowledge of Government ascertaining their own right to the land and denying title of Government - In the instant case since government admitted possession of respondents from 1962 and existence of cattle sheds prior to 1962 not disputed, it is fit case where inference of continuity of possession of respondents for 6 years backwards from 1962 can safely be drawn - Respondents are in possession of land for past more than 30 years by the date of filing of LGCs - Finding of Special Court that respondents perfected title by adverse possession and are not land grabbers - Justified - Writ petitions dismissed
( 1 ) THE State of Andhra Pradesh is the petitioner in all the three writ petitions, which are directed against a common order dated 22. 11. 1994 passed by the Special Court under the A. P. Land Grabbing (Prohibition) Act, 1987 -hereinafter referred to as the special Court in LGC Nos. 40 to 42 of 1994.
( 2 ) WP No. 19615 of 1998 has been filed seeking a writ of certiorari calling for the records relating to the order dated 22. 11. 1994 made in LGC No. 40 of 1994 on the file of the Special Court, and to quash the same. Similarly, Writ Petition No. 20277 of 1998 has been filed assailing the order of the Special Court made in LGC No. 41 of 1994 whereas Writ Petition no. 19871 of 1998 has been filed assailing the order in LGC No. 42 of 1994 on the file of the Special Court under the A. P. Land Grabbing (Prohibition) Act. Since all the aforesaid three writ petitions arise out of a common order of the special Court and since common questions of fact as well as law arise for consideration, these three writ petitions are heard and decided together by the following order.
( 3 ) THE brief facts, which are common in all the three writ petitions, are as follows: the State of Andhra Pradesh, represented by the Mandal Revenue Officer, Secunderabad Mandal filed O. P. Nos. 350 of 1988; 349 of 1988 and 346 of 1988 on the file of the Special Tribunal, Hyderabad District under Section 7 (1) of the A. P. Land Grabbing (Prohibition) Act, 1987 -hereinafter referred to as "the Act", seeking a declaration that the respondents herein are land grabbers in respect of certain extents of land in Survey No. 157/1 of Thokatta village. Secunderabad Mandal and to evict them from the schedule land of respective petitions. Subsequently, on transfer to the Special Court under the A. P. Land Grabbing (Prohibition) Act. OP Nos. 350 of 1988; 349 of 1988 and 346 of 1988 have been renumbered as LGC Nos. 40/94; 41/94 and 42/94 respectively.
( 4 ) THE case of the writ petitioner, who was also petitioner in the aforesaid LGC Nos. 40 to 42 of 1994, is that the Government is the owner of the land in Survey No. 157/1 to an extent of 2 acres 29 guntas in Thokatta Village. Subsequently the said survey number has been sub-divided as Survey No. 157/11 as per the Supplemental Sethwar. It has been alleged that the respondents in LGC Nos. 40 to 42 of 1994 have grabbed the land in Survey No. 157/11 to the extents of 1200sq. yards, 1200 sq. yards and 1300 sq. yards, respectively without any lawful entitlement. Accordingly the aforesaid Land Grabbing Cases have been filed to declare the respondents as land grabbers and to evict them from the petition schedule lands.
( 5 ) THE respondents herein, who were the respondents in the aforesaid Land Grabbing Cases, filed counters before the special Court denying the allegations made by the petitioner and stating that the respondents and their ancestors have been in occupation of the petition schedule lands since about 60 years prior to the filing of the Land Grabbing Cases. The respondents also stated that they are holding patta in respect of the adjacent land in Survey Nos. 151 to 155 and in the petition schedule land they dug an irrigation well and constructed cattle sheds and houses for their farm workers and the said land has been in their uninterrupted possession and enjoyment for the past more than 60 years. They also pleaded that after the abolition of the Jagirs, the land in question was wrongly shown as gairen Poramboke and as per the circulars issued by the Government after the abolition of Jagirs all such lands shall be treated as poramboke patta of the cultivators and as such they acquired title to the lands in question. They contended that they cannot be treated as land grabbers and the writ petitions are liable to be dismissed.
( 6 ) ON the basis of the pleadings of the respective parties the Special Court framed the following issues, which are common in all the three cases : 1. Whether the petitioner is the
