Andhra Pradesh High Court
Judges : A.GOPAL REDDY, N.Y.HANUMANTHAPPA
Gusani Steels (Pvt.) Ltd., Fatehnagar - Appellant
Versus
Shantha Bai - Respondent
Decided On : 03-29-00
Constitution of India - Articles 14, 19 (1) (B) and 21 - Land Grabbing Act, 12 of 1982 - Sections 7 and 8 - Land case - Possession - WP filed by the third parties numbering 61 seeking declaration that the judgment and decree passed in LGC by the first respondent is not binding on the petitioners herein as they are not made parties to the said proceedings as required under 3rd proviso to sub-section (6) of Section 8 of the Act and also for declaration that the proposed action of the respondent - Held, Learned Counsel appearing for the petitioners in WP contended that the petitioners therein were not parties to the proceedings in LGC and as such the order passed in the said LGC does not bind them - But, the said contention has no merit because the successors-in-interest does not mean, only the legal heirs of the grabber, it includes the transferees from the original land grabber as held by the division Bench of this Court in the case - In our view the WP filed by the 61 petitioners is premature and misconceived - Further it runs contrary to the earlier orders passed by this in WP - Ordered accordingly
( 1 ) ALL these writ petitions are filed challenging the order passed by the Special Court under land Grabbing (Prohibition) Act, 12 of 1982 (hereinafter referred to as the Act ) in LGC no. 3 of 1988 dated 20-1-1992.
( 2 ) FOR the purpose of disposal, the rank of the parties is being referred as arrayed before the Special Court and the third parties as third party petitioners.
( 3 ) WP No. 6065 of 1992 is filed by the respondent Nos. 16, 3, 15, 18 and 38 seeking writ of certiorari to declare sections 7 and 8 of the Act as discriminatory, arbitrary and unconstitutional and quash the judgment and decree of the Special Court under the Act passed in LGC No. 3 of 1988 dated 20-1-1992.
( 4 ) WP No. 24706 of 1996 is filed by the third parties numbering 61 seeking declaration that the judgment and decree dated 20-1-1992 passed in LGC No. 3 of 1988 by the first respondent is not binding on the petitioners herein as they are not made parties to the said proceedings as required under 3rd proviso to sub-section (6) of Section 8 of the Act and also for declaration that the proposed action of the respondent Nos. 2 and 3 herein pursuant to the judgment and decree dated 20-1-1992 passed in LGC No. 3 of 1988 by the first respondent is arbitrary, unreasonable and unjust and the same is not only not in accordance with Rule 15 of the Rules, but also violative of the fundamental rights guaranteed to the petitioners herein under articles 14, 19 (1) (B) and 21 of the constitution of India.
( 5 ) WP No. 9846 of 1992 is filed by the original applicants before the Special court challenging part of the judgment and decree of the Special Court passed in lgc No. 3 of 1988, dated 20-1-1992.
( 6 ) WP No. 19321 of 1996 is filed by the original applicants in LGC No. 3 of 1988 dated 20-1-1992 to declare the action of the first respondent in not giving effect to the decision of the special Court under the Act passed in LGC No. 3 of 1988, dated 20-1-1992, and not delivering the possession of the petition schedule property to the writ petitioners as illegal and unconstitutional and consequently to direct the respondents to deliver possession of the petition schedule property forthwith.
( 7 ) WP No. 27207 of 1996 is filed by the original applicants before the Special court seeking to declare the action of the respondents 2 to 4 herein in not executing and not giving effect to the decision of the Special Court under the Act in LGC no. 3 of 1988, dated 20-1-1992, as arbitrary, unreasonable, unconstitutional and unjust and to declare the action of the respondents 2 to 4 in not delivering the petition schedule property admeasuring Ac. 07. 36 guntas in s. Nos. 130 to 133,. situate at Fatehnagar, balanagar Mandal, Ranga Reddy District, to the petitioners as illegal and unconstitutional; and also to declare that the judgment and decree in LGC No. 3 of 1988 is binding not only on the persons who were made parties but also on all the persons who are interested in the land grabbed and also to direct the respondents to deliver possession of the petition schedule property forthwith and to call for records and to pass such other order or orders.
( 8 ) A few facts which are necessary to dispose of the above writ petitions in brief are as follows :the original applicants before the Special Court filed a petition under Section 8 of the Act seeking possession of the petition schedule property from some of the respondents alleging that they are land grabbers. Originally, Smt. Shantha Bai and Smt. Yamuna Bai, who were the daughters of one Sri M. Ram, filed the above application before the Special Court. Subsequently the second petitioner, Smt. Yamuna Bai, died during pendency of the proceedings and accordingly her legal representatives, who are petitioner Nos. 3 and 4, were brought on record.
( 9 ) THE applicant s case before the special Court was that the land measuring about Ac. 16. 06 guntas in S. Nos. 48, 130 to 133 and 135 situate at Fathenagar village,
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