ORDER (Per T. Meena Kumari, J.)

The Writ Petition is filed by the State of A.P., represented by Mandai Revenue Officer, Marredpally, Secunderabad, for a writ of certiorari calling for records relating to and connected with Order dated 31-12-2004 in L.G.C. No. 40/2001 on the file of Special Court under A.P. land Grabbing (Prohibition) Act. 1982 at Hyderabad and to quash the same and pass such other or further orders deemed fit in the circumstances of the case.

2. The brief facts of the case are that the petitioner/applicant filed L.G.C.

NoAO/2001 on the file of Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad against the respondent alleging that the respondent encroached into Government Graveyard in T.S.No.9, Block-A, Ward 119, corresponding to Sy. Nos. 19/P, 20/1 P and 22/P of Marredpally Sarfekhas village to the extent of 6590 sq. mts. Out of total extent of 17,300 sq. mts. In the said survey number, which is being used by the local community people of Marredpally village since times immemorial as grave yard. It is further stated that in the (Revenue Records, the said land is recorded " as "Kabarasthan Khayam" after the Town Survey conducted during the years 1967 to 1976 and a notification also was issued under Section 18 of A.P. Survey and Boundaries Act in Hyderabad District Gazette No. 60 dated 25-9-1976 finally notifying the survey conducted and in the absence of any suit filed under Section 14 of the said Act, the same became final and the said land is vested with the Government and there is a duty cast upon the State to protect the same from any encroachment. It is further stated that the respondent herein, as stated above, grabbed an extent of 6590 sq. mts. In the land in question and constructed compound wall during the year 1996 and when the Revenue officials objected him for constructing the compound wall in the grave yard land, he filed W.P.No.667/1996 before this Court contending that he is the owner of Acs. 11-12 gts. In Sy.Nos.20/1, 21 and 22 and obtained interim orders on 23-4-1996. Out of the said land Acs.5-29 gts. Falls in Cantonment area and Acs.3-23 gts. falls in Municipal Corporation of Hyderabad limits and abou! Acs. 2-00 is covered by encroachments. Accordingly, the petitioner herein/applicant sought declaration that the respondent is a land grabber under the provisions of the A.P. Land Grabbing (Prohibition) Act.

3. The respondent filed counter affidavit before the Special Court inter alia stating that the land in Sy. Nos. 19, 20, 21 and 22 of Marredpally village are patta lands and an extent of AC.0-37 guntas in Sy.No.20/2 is Government land and is being used as graveyard. Further it is stated that the respondent filed W.P.No.667/1996 before this Court and obtained interim orders on 23-1-1996 and when the Revenue officials attempted to dispossess the respondent from the schedule property, the respondent and other joint owners of the application schedule land and owners of the land of an extent of Acs.11-12 guntas in Sy. Nos. 20/1, 21 and 22 filed the said Writ Petition and out of the said Acs.11-12 guntas, an extent of Acs. 5-29 guntas is located in Cantonment Area; Acs.3-23 guntas is located in the Municipal limits of Hyderabad and an extent of Acs.2-00 was encroached. It is further stated that the respondent is in no way concerned with the land located in Sy.No.19. It is further specifically stated that the application schedule land is not being used as graveyard. The respondent further stated that the original survey was conducted in Marredpally village in 1332 Falsli and a Sethwar was issued in 1332 Fasli in respect of the lands located in Sy.Nos.20, 21 and 22. In the said Sethwar, the extent of land in Sy.Nos.20, 21 and 22 was recorded as Acs. 10-17 guntas, Acs.1-05 guntas and AC.0-37 guntas respectively. The land to an extent of AC.0-37 guntas located in Sy.No.20 was encroached as graveyard. A supplementary Sethwar was issued in 1349 Fasli in view of the encroachment in Sy.No.20.

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