The High Court lacks jurisdiction to hear Land Grabbing Appeals after the abolition of the Special Court; such appeals are not maintainable without a designated appellate forum as per the Act.

JUDGMENT :

RAVI NATH TILHARI, J.

1. The aforesaid batch of Land Grabbing Appeals involve common question as to their maintainability in this Court under the Andhra Pradesh Land Grabbing (Prohibition) Act 1982 (in short ‘the Act 1982’).

2. L.G.A.No.1 of 2024, in which also the same question is involved and was reserved separately is also being decided with this batch.

3. Heard Sri T.N.M. Ranga Rao, learned counsel for the appellants in LGA. No.9 of 2017. No other counsel appeared to advance the arguments for the appellants in batch of Appeals.

4. We also heard Sri Dammalapati Srinivas, learned Advocate General for the State respondent.

5. We provided by the Order dated 02.04.2025 that the High Court of Andhra Pradesh through Registrar General be also impleaded as party in one of the appeals, LGA No.20 of 2016, which shall be the leading case of the batch of appeals and such impleadment, only for the purpose of granting opportunity of hearing to the High Court in view of there being the resolution by the Administrative Committee of the then common High Court of Judicature for the State of Telangana and for the State of Andhra Pradesh. As such the impleadment was made.

6. We also heard Sri S. Vivek Chandrasekhar, learned standing counsel for Andhra Pradesh High Court.

7. In LGA No.1 of 2024 – We heard Sri Unnam Sravan Kumar, learned counsel for the appellant, Sri C. Venkaiah, learned counsel for respondent No.1 and Sri Kalangi Manohar, learned counsel for respondent No.2.

8. We would briefly refer to the facts of the aforesaid LGAs as follows:

I Facts:

i) LGA No.20 of 2016:

L.G.O.P.No.8 of 2009 under Section 7 -A(1) of the A. P. Land Grabbing (Prohibition) Act, 1982 (in short ‘the Act 1982’), on the file of A. P. Land Grabbing (Prohibition) Tribunal (District Judge) at Guntur, was filed by the appellant/applicant for eviction of the respondents therein from the application schedule property and surrender vacant possession of the same to the applicant. The same was dismissed vide Order dated 25.07.2013. Challenging the said Order, L.G.A.No.11 of 2014 was filed under Section 7 -A (3) of the Act 1982 before the Special Court under Land Grabbing (Prohibition) Act, 1982 at B. R. K. R. Bhavan, Tankbund, Hyderabad. After abolition of the Special Court vide G.O.Ms.No.420 Revenue (EA & AR) Department, dated 02.09.2016, the L.G.A.No.11 of 2014 was transferred to the High Court of Judicature for the State of Telangana and the State of Andhra Pradesh, where it was re-numbered as L.G.A.No.20 of 2016. After bifurcation of the State, as the matter related to the jurisdiction of the District Court, Guntur, it was transferred to this Court, maintaining the same number.

ii) LGA No.19 of 2016:

O.P.No.7 of 1994 under Section 7 (2) of the A. P. Land Grabbing (Prohibition) Act, 1982 (in short ‘the Act 1982’), on the file of Special Tribunal constituted under A.P. Land Grabbing (Prohibition) Act (Principal District Judge) at Nellore, was filed by the respondents against the appellant for direction to the respondent/appellant to deliver the site and award compensation of Rs.5,000/- by way of damages. The same was allowed vide Order dated 18.11.2010. Challenging the said Order, L.G.A.No.3 of 2012 was filed under Section 7 -A (3) of the Act 1982 before the Special Court under Land Grabbing (Prohibition) Act, Hyderabad. After abolition of the Special Court vide G.O.Ms.No.420 Revenue (EA & AR) Department, dated 02.09.2016, the L.G.A.No.3 of 2012 was transferred to the High Court of Judicature for the State of Telangana and the State of Andhra Pradesh, where it was re