( 1 ) THIS writ petition is filed challenging the order passed by the Special Court under a. P. Land Grabbing (Prohibition) Act, 1982 in LGA No. 41/97, dated 18-8-1998 confirming the order passed by the Special tribunal-cum-District Judge, Ranga Reddy in OP No. 421/90, dated 27-5-1997.

( 2 ) THE respondent-State filed application under the Land Grabbing (Prohibition) Act, 1982 before the Special Tribunal against the petitioners herein for recovery of possession of the schedule land after evicting the petitioners herein and for awarding compensation and profits and other reliefs and also to initiate criminal proceedings against the petitioners herein under the provisions of the Land Grabbing (Prohibition) Act.

( 3 ) A few facts, which are necessary to dispose of this writ petition are as follows: according to the State, as per the information furnished in the revenue records of Khanament village bearing s. No. 42 measuring Ac. 18-19 guntas was classified as Kharis Khata Sarkari and it is a government land. One Sri Gondla mallaiah, the father of the petitioners herein illegally grabbed the land of an extent of ac. 5. 00 situated in S. No. 42 at Khanament village without entitlement and illegally trespassed into and started cultivating the same for the last 8 to 10 years. After his death, the respondents who are his sons have been cultivating the same land. The applicant-State demanded the respondents writ petitioners to vacate the schedule land. They refused to do so. Hence the applicant- State filed an application before the Special court under A. P. Land Grabbing (Prohibition) Act, 1982 on the ground that they are land grabbers.

( 4 ) ON service of notice, petitioner No. 1 filed counter-affidavit on his behalf and on behalf of the second petitioner resisting the claim of the applicant-State stating that they and their predecessors-in- title have been in possession and enjoyment of the land for the last 50 years and thereby perfected their title by adverse possession. They have been cultivating the same without interference either by the Government or others. It is further stated that the petitioners herein are the landless poor persons. They are mainly depending on the schedule land. Their family consists of 10 members and they have been paying land revenue for the last 50 years. According to them, in the year 1962, the then Tahsildar, issued notice under Sec. 7 of the Land Encroachment Act to their father G. Mallaiah. On the representation given by Sri late Mallaiah, eviction proceedings were dropped. On 1-3-1986 once again the Mandal Revenue officer issued a notice u/s. 7 of the Land encroachment Act and the same was replied by their father on 4-4-1986. The said proceedings were also dropped. According to them, the revenue records disclose that they are in possession and enjoyment of the land for the last 50 years. Their further case is that they dug well and installed a pump set in the year 1986 itself and raising wet crops for the last 14 years. It is stated that their father late G. Mallaiah obtained loan from the Co-operative Bank in the year 1975 for developing the land. Earlier, the land was covered with full of stones, uneven and unfit for cultivation. By investing huge sums, the petitioners and other members of the family levelled the land and made it fit for cultivation. The Government has no right to seek the land, even otherwise also the petitioners were entitled for assignment of the said land. Dropping of proceedings initiated under Sec. 7 of the Land encroachment Act disclose that petitioners are not the land grabbers. Though the petitioners were entitled for seeking assignment, but the Mandal Revenue officer instead of assigning the said land resorted to land grabbing proceedings. As on the date of application for eviction, the petitioners had perfected their right over the schedule property by way of adverse possession.

( 5 ) ON the basis to the above pleadings, the Special Tribunal framed the following point

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