N. Y. HANUMANTHAPPA, J.

( 1 ) W. P. No. 137/98 is filed by Soham Modi and Sourabh Modi and W. P. No. 8035/98 is filed by M. B. S. Purushotham challenging the judgment and decree dated 19-12-1997 passed in L. G. C. No. 144/95 on the file of the Special Court under Land-Grabbing (Prohibition) Act, 1982, hereinafter referred to as the special Court .

( 2 ) L. G. C. 144/95 was filed by Smt. Dinmani K. Mehta, Girish K. Mehta, Subash K. Mehta and Balakrishna K. Mehta against M. B. S. Purshotham, Soham Modi, Sourabh Modi and Anil Rupani for the following reliefs : to (1) order eviction of the respondents 1 to 4, their legal heirs, successors and their agents from the application schedule property and restoration of possession of the said property to the applicants; (2) to direct respondents 1 to 4 to demolish and remove all the unauthorized and illegal structures created on the application schedule land; (3) declare the respondents 1 to 4 as land grabbers under the provisions of the A. P. Land-Grabbing (Prohibition) Act, 1982, hereinafter referred to as the act 1982 and launch criminal proceeding against them and punish them under the provisions of 1982 Act; and (4) direct the respondents to pay compensation of Rs. 50,000. 00 per month from the date when the respondents have illegally occupied and constructed the existing illegal structures on the application schedule property and for costs.

( 3 ) IN W. P. No. 137/98 the Special Court has been shown as 1st respondent and applicants in LGC No. 144/95 have been shown as respondents 2 to 5. In W. P. No. 8053/98, the Special Court has been shown as the 1st respondent and applicants 1 to 4 have been shown as respondents 2 to 5 and the petitioners in W. P. No. 137/98, who were respondents 2 and 3 in LGC No. 144/95, have been shown as respondents 6 and 7.

( 4 ) SINCE both the writ petitions are directed against the single judgment of the Special Court and the issues involved in both the writ petitions are common, they are clubbed and disposed of by this common order.

( 5 ) FOR purpose of convenience, the parties have been referred to as applicants and the writ petitioners.

( 6 ) THE case of the applicants before the Special Court as pleaded in their application filed under S. 8 (1) of the Act 1982 was as follows ; The schedule property measuring to an extent of 605 sq. yards equivalent to 5 guntas in S. No. 40 corresponding to T. S. No. 10 of Begumpet village, Balanagar Mandal, Ranga Reddy district is situated within the Hyderabad and Secunderabad Municipal limits bearing Municipal Nos. 1-10-72/2/3. 1-10-72/2/3/a, 1-10-72/2/3/b, 1-10-72/2/3/c. bounded by North : Begumpet main road (S. P. Road); South : D. No. 1-10-72/2/2. East : 15 ft. wide road and West : D. No. 1-10-72/a2. The schedule property was originally owned by one Chotalal Shivaram Vyas. Applicant No. 1 is the daughter of said Chotalal Shivaram Vyas. Applicants 2 to 4 are the sons of the applicant No. 1. Chotalal Shivaram Vyas died at Rajkot on 10-10-1983. After his death, applicants succeeded to the properties of late Chotalal Shivaram Vyas including the schedule property as his legal heirs. On or about 20-11-1995, applicant No. 3 read a news item in Deccan Chronicle newspaper wherein the schedule property was advertised for sale. When he visited the schedule premises advertised for sale, he found that the property surrounded by a compound wall has been encroached upon by the petitioners in WP No. 137/98 and a commercial complex has been constructed thereon. On further enquiry, the applicant No. 3 came to know that the petitioner in WP No. 8053/98 namely M. B. S. Purushotham by misrepresenting that the schedule property as his property, he obtained building sanction for construction of a complex. The petitioners in WP No. 137/98 are builders and developers of one Anil Rupani (respondent No. 4 in LGC. 144/95 ). They have entered into an agreement with the said Rupani to purchase the schedule property. The writ petitioners even

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