2015 Supreme(AP) 898
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
K.C. Bhanu and Anis, JJ.
Farhat Sultana & Anr. - Petitioners
Versus
Registrar, Special Court and A.P. Land Grabbing (Prohibition) Act, 1982 & Anr. - Respondents
Writ Petition No. 20058 of 2005
Decided on : 22-01-2015
For the Petitioner:N. Bharat Babu, Advocate.
For the Respondent:G.P. for Revenue, Shafath Ahmed Khan, V. Ravinder Rao, M.M. Firdos, S. Narasimha Rao, Muddu Vijay, Advocate.
Headnote:
Andhra Pradesh Land Grabbing (Prohibition) Act – Case are that the writ petitioners filed L.G.C. against respondent Nos. 2 to 7 to declare the writ petitioners as owners of the property and to declare respondent Nos. 2 to 7 herein as land grabbers and to deliver the vacant possession of the schedule property on the ground that they are the absolute owners of Plot in the approved layout of M/s. Charminar Co-operative Housing Society Limited (for short the Society), as they purchased the same under a registered sale deed from one Raheemunnisa Begum for valuable consideration and as their vendor put them in possession. Their vendor before selling the plot to them, constructed a compound wall and small dwelling room after obtaining necessary permissions from Municipal Authorities – Writ petitioners raised the building up to basement level and pillars, and are paying property tax and NALA tax etc., for the said property. Respondent Nos. 2 to 7 herein occupied the area in excess of their entitlement, resulting in shifting of plots from 7 to 1 in the layout – Held, In view of the evidence of writ petitioners and the relief claimed in L.G.C case, it is clear that the plot owners are in possession of the extent beyond their sale deeds – Therefore, their possession is illegal without any legal entitlement. Thus, as per the Commissioners report, each plot owner moved into the neighbours plot on western side. Admittedly, writ petitioners had not filed the L.G.C case against the applicant in L.G.C. No relief was claimed against him. As far as the writ petitioners are concerned, they are in possession of 146 Sq. Yards of the land belonging to respondent No.8 herein/applicant in L.G.C. without any legal entitlement – Therefore, the special Court after considering the evidence on record, rightly held that the writ petitioners are the land grabbers within the meaning of Section 2(e) of the 1982 Act – Further, the findings of the Special Court are based on evidence on record and therefore, the writ petitioners have not made out any case to set aside the common judgment dated 21.07.2005 passed in L.G.C.N on the file of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad – Writ Petition is dismissed. (Paras 22, 23 and 24)
Anis, J.
This Writ Petition is filed by the writ petitioners, questioning the common judgment dated 21.07.2005, passed in L.G.C.Nos. 148 of 1999 and 156 of 1997, on the file of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad, (for short 'the Special Court), for issuance of Writ of Certiorari, setting aside the findings passed in L.G.C.No.156 of 1997 and allowing L.G.C.No. 148 of 1999.
2. The writ petitioners filed L.G.C. No. 148 of 1999 against respondent Nos. 2 to 7 herein. Respondent No. 8 herein filed L.G.C.No. 156 of 1997 against the writ petitioners and respondent No. 5 herein.
3. The brief facts of the case are that the writ petitioners filed L.G.C. No. 148 of 1999 against respondent Nos. 2 to 7 herein to declare the writ petitioners as owners of the property and to declare respondent Nos. 2 to 7 herein as land grabbers and to deliver the vacant possession of the schedule property on the ground that they are the absolute owners of Plot No.4 admeasuring 262 Sq. Yards situated in Sy.No. 367/1, 367/2 & 369/2 of Shaikpet Village and Mandal in the approved layout of M/s. Charminar Co-operative Housing Society Limited (for short 'the Society'), as they purchased the same under a registered sale deed from one Raheemunnisa Begum on 24.01.1996, for valuable consideration and as their vendor put them in possession. Their vendor before selling the plot to them, constructed a compound wall and small dwelling room after obtaining necessary permissions from Municipal Authorities. The writ petitioners raised the building up to basement level and pillars, and are paying property tax and NALA tax etc., for the said property. Respondent Nos. 2 to 7 herein occupied the area in excess of their entitlement, resulting in shifting of plots from 7 to 1 in the layout.
4. The second respondent herein filed a counter in L.G.C.No.148 of 1999 and contended that the writ petitioners are in possession of an extent of 383 Sq. Yards against 262 Sq Yards purchased by them, which belongs to respondent No. 8 herein, who filed L.G.C.No.156 of 1997 and who is the owner of plot No. 3. The second respondent has not measured the land in view of the fact that to the west of plot No.6 up to the road, the land belongs to her. Having obtained permission from M.C.H, she raised structures and is in occupation of the same and paying taxes to the concerned authorities and the writ petitioners have no locustandi to file L.G.C.No.148 of 1999, since they encroached over and above 121 Sq. Yards of the land.
5. The third respondent herein also filed a counter in L.G.C.No.148 of 1999 and contended that the writ petitioners having realised that they have no defence in L.G.C.No.156 of 1997 and as they would suffer a decree, filed this L.G.C. He stated that he is not a party to L.G.C.No.156 of 1997 and he has no knowledge about the allegations in the counters filed in the said case and also the Commissioner's report filed is not binding on him. Further, he specifically stated that he is the owner of plot No.6 bearing House No.9-4-87/B/6 of the Society situated at Tolichowki, Hyderabad, having purchased the same from Smt. Swarn Duggal through registered sale deed and since then, he is in possession and enjoyment of the property without any claim from any person and the writ petitioners are not entitled to initiate any land grabbing proceedings against him. Therefore, prayed the Court to dismiss the petition.
6. The fourth respondent herein also filed a counter in L.G.C.No.148 of 1999 and resisted the case contending that he purchased the plot under a registered sale deed on 24.06.1981 from the Society and constructed a compound wall and a residential house after obtaining permission from M.C.H in the year 1986 ad since then, he has been in peaceful, undisturbed and unchallenged possession over the same. Therefore, prayed the Court to dismiss the petition against him.
7. The fifth respondent herein filed a counter in L.G.C.No. 148 of 1999 and sta