B.N.RAO NALLA, V.V.S.RAO
State of Andhra Pradesh, Rep. by the District Collector – Appellant
Versus
Special Court under A. P. Land Grabbing (Prohibition) Act – Respondent
V.V.S. Rao, J.
The State of Andhra Pradesh through its District Collector, Ranga Reddy District invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking to quash the order of the Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (the Act). By the said impugned order dated 24.6.2011 made in I.A.No.356 of 2011 in LGC No.40 of 2003 the Special Court rejected permission for amendment of the pleadings in concise statement filed in LGC. As per Section 8(1) of the Act and the Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988 (the Rules), every applicant including the State alleging land grabbing by others has to submit the case in Form No.1, Column-15 that requires the applicant to file concise statement of the claims. Be it also noted, if the Special Court finds prima facie case of land grabbing as defined, it has to take cognizance of the LGC and direct publication of the cognizance in the Andhra Pradesh Gazette in Form-II A as required under the proviso to Section 8(6) of the Act and Rule 7 of the Rules. Further, Section 8 (3) of the Act makes the provisions of the Code of Civil Procedure, 1908 (C
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