ORDER :

CMP.No. 5983 of 2003 in CMP.No.20259 of 2002 in Tr.CMP.No.388 of 2002 is filed by the respondents in the transfer CMP to vacate the interim stay granted by this Court and at this stage both the counsel has argued the main transfer CMP and that is how the transfer CMP is being disposed of finally.

2. The relief of prayed for in the present transfer CMP is to order transfer of O.S.No.441 of 2002 of the file of the Principal Senior Civil Judge, Ranga Reddy District to the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as “the Act’ for short) of the purpose of clubbing of the same along with L.G.C.No.77 of 2001 on its file, and to pass such other suitable orders. It is needless to say that the present transfer CMP is filed under Section 24 of the Code of Civil Procedure (hereinafter referred to as “the Code’ for short). In view of the relief prayed for in the transfer CMP, an objection is raised as to the maintainability of the transfer CMP under Section 24 of the Code.

3. Heard both the counsel.

4. A.P. Land Grabbing (Prohibition) Act, 1982, Act No.12 of 1982 is an Act to prohibit the activity of Land Grabbing in the State of Andhra Pradesh and to provide for matters connected therewith. Section 2 of the Act, deals with definitions. Section 2(d) of the Act defines ‘land grabber’- and Section 2(e) of the Act defines ‘land grabbing’-.Section 2(i-a) and 2(i-b) of the Act defining Special Court and Special Tribunal may be more relevant for the present purpose and the aforesaid expressions Special Court and Special Tribunal are defined under the Act as specified hereunder:

‘Special Court means a Special Court constituted under Section 7.’-

‘Special Tribunal means a Court of the District Judge having jurisdiction over the area concerned and includes Chief Judge, City Civil Court, Hyderabad.’-

5. The relief prayed for in the present transfer CMP is to transfer the suit pending on the file of Principal Senior Civil Judge, Ranga Reddy District to be tried along with L.G.C. pending on the file of the Special Court under the Act. Section 3 of the Code dealing with Subordination of Courts reads as hereunder:

‘For the purpose of this Code, the District Court is subordinate to the High Court, and every Civil Court of grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.’-

6. Likewise Section 4 of the Code dealing with Savings reads as follows:

(1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.

(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit of otherwise affect any remedy which is landholder or landlord may have under any law for the time being in force for the recovery or rent of agricultural and from the produce of such land.

7. Section 5 of the Code deals with Application of the Code to Revenue Courts.

8. Section 9 of the Act deals with Special Court to have to powers of the Civil Court and the Court of Sessions and this provision reads as follows:

‘Save as expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908, (Central Act 5 of 1908) the Andhra Pradesh Civil Courts Act 1972 (Act, 19 of 1972) and the Code of Criminal Procedure, 1973, (Central Act, 2 of 1974) in so far as they are not inconsistent with the provisions of this Act, shall apply to the proceedings before the Special Court and for the purposes of the provisions of the said enactments, Special Court shall be deemed to be a Civil Court, or as the case may be, a Court of Session and shall have all the powers of a Civil Court and a Court of Session and the person conducting a prose