Andhra Pradesh High Court
Judges : MOTILAL B.NAIK, Y.V.NARAYANA
ABDUL KHUDDUS - Appellant
Versus
State OF A.P., REP.BY SUB-COLLECTOR, VLJAYAWADA - Respondent
Decided On : 10-13-98
( 1 ) PETITIONERS seek for issuance of a writ of Certiorari or any other appropriate writ or direction calling for the records relating to L. G. C. No. 15 of 1992 on the file of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad, and quash the order dated 9-6-1994 passed thereon.
( 2 ) PETITIONERS 1 to 3 herein are respondents 1, 3 and 4 respectively, in l. G. C. No. 15 of 1992 on the Special Court under A. P. Land Grabbing (Prohibition) Act, Hyderabad (for short the Special Court )- The said L. G. C, no. 15 of 1992 was filed by the first respondent herein, viz. , State of Andhra pradesh represented by the Sub-Collector, Vijayawada, Krishna District, against the first petitioner herein - Abdul Khuddus and one Smt. Jeenatunnissa begum who died during the pendency of the said LGC and in her place her sons were brought on record as respondents 3 and 4 respectively, who are petitioners 2 and 3 herein.
( 3 ) BRIEF facts in the said LGC No. 15 of 1992 are hereunder; the first respondent herein, viz. , State of Andhra Pradesh, represented by the Sub-Collector, Vijayawada, who filed the said LGC complained that the first petitioner herein is in occupation of a total extent of 470 square yards of land in Ward No. 5, Block No. 1 of Vijayawada town, out of which 250 sq. yards of land is a patta site covered under Ex. A-8 purchased by the first petitioner in the year 1976 for a valid consideration. It is alleged that the first petitioner herein encroached upon an extent of 220 Sq. yards of land by grabbing it illegally which is in N. T. S. No. 26 correlated to old N. T. S. No. 17/1-A/1-A of Vijayawada town. Likewise, the petitioners 2 and 3 herein are in occupation of 540 Sq. yards out of which 350 Sq. yards of land is a patta land which is said to have been purchased by their late mother Jeenatunnissa begum under Ex. A-11 in the year 1944. The remaining extent of 190 Sq. yards has been grabbed by them which is situated in N. T. S. No. 26 correlated to old n. T. S. No. 17/1-A/1-A of Vijayawada town. The first respondent herein, therefore, sought a direction from the Special Court to declare the Government as owner of the Schedule lands and a further declaration that the petitioners herein are the land grabbers within the meaning of the A. P. land Grabbing (Prohibition) Act.
( 4 ) PETITIONERS herein who were Respondents 1, 3 and 4 respectively in the said LGC No. 15 of 1992 have filed their counters before the Special Court.
( 5 ) THE first petitioner herein in his counter filed before the Special Court has pleaded that the entire Gardhi Hill of which the petition-schedule site is a part, vests in the Gandhi Hill Committee and as such the Government of Andhra Pradesh has no right to claim the petition-schedule land. The boundaries of the site occupied by the first petitioner herein were also not clearly given. He further contended that the extracts of Adangal Register attached to the LGC appeared to have been prepared only for the purpose of this case, so also the sketch annexed thereto. He further stated in his counter that he purchased an extent of 250 Sq. yards under a registered sale deed dated 29-12-1976 from one Mohd. Omer, (marked as Ex. A-8 ). The site lying to the east of the extent purchased by this first petitioner was also in occupation of the predecessors-in-title of the vendor Mohd. Omer since a long time and the said occupation was never treated as objectionable. The first petitioner in his counter further pleaded that even if the site of 220 square yards situated to the east of patta land purchased by him is treated as part of Hill Poramboke belonging to the Government, his predecessors-in-title have perfected their title over it by adverse possession and the title of the Government over the said land stands extinguished and as such he is not a land grabber and he cannot be evicted from the petition-schedule land.
( 6 ) PETITIONERS 2 and 3 herein who are Respondents 3 and
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