The court affirmed that possession without legal title constitutes land grabbing, rejecting the petitioners' claim of adverse possession due to lack of evidence.

ORDER:

T.Vinod Kumar, J.

This Writ Petition is filed being aggrieved by the order dt. 22.10.2008 in L.G.C.No.2 of 2003 passed by the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, at Hyderabad in terms of Section 8(1) of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short, ‘the Act’).

2. Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents and perused the record.

3. The petitioners herein are the respondents before the Special Court in an application filed by the 1^st respondent herein under the provisions of the Act to declare the petitioners herein as land grabbers in terms of Section 2(d) and (e) of the Act in respect of land admeasuring 12,100 square yards (Acs.2.20 guntas) situated in Sy.No.74/E of Serilingampally Village and Mandal, Ranga Reddy District.

4. The brief facts of the case are that the 1^st respondent herein had filed application under Section 8(1) of the Act to declare him as owner of the application schedule property, namely, 12,100 square yards (Acs.2.20 guntas) in Sy.No.74/E of Serilingampally Village and Mandal, Ranga Reddy District and to declare the petitioners herein as land grabbers; to evict the petitioners from the application schedule land and to deliver vacant possession of the same to the respondent- applicant; to punish the petitioners – respondents under the provisions of the Act; to award mesne profits @ Rs.10,000/- per annum from the date of grabbing till the date of delivery of possession to the respondent - applicant; and to award damages of Rs.10,000/- per annum; and to award costs of the application to the respondent – applicant.

5. On the 1^st respondent – applicant filing the aforesaid application, the Special Court took cognizance of the same on 03.01.2003, a Gazette Notification dt. 27.01.2003 was published calling for objections from the persons interested in the application schedule land. However, no objections have been received. The Special Court had also called for a statutory verification report as required under Rule 6(2) of the Rules made under the Act, which was duly submitted by the Mandal Revenue Officer, Serilingampally Mandal.

6. The case of the 1^st respondent – applicant before the Special Court is that he is the absolute owner and possessor of land admeasuring Acs.2.20 guntas in Sy.No.74/E situated at Serilingampally Village and Mandal, Ranga Reddy District, having purchased the same from the original owners and possessors, viz., M.Venkat Reddy and L.Satyanarayana Reddy and others under registered sale deed dt. 04.04.1981; that on the respondent – applicant purchasing