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IN THE HIGH COURT OF TELANGANA
ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
State Of Andhra Pradesh – Appellant
Versus
K. Krishnam raju – Respondent
ORDER :
(Laxmi Narayana Alishetty, J.)
This Writ Petition is filed aggrieved by the order dated 17.04.2009 in L.G.C.No.20 of 1999 passed by the Special Court under Land Grabbing (Prohibition) Act, Hyderabad (for short, ‘Special Court’).
2. Heard learned Government Pleader for Assignment appearing for the petitioner-State, Sri P.Rajam Raju, learned counsel for respondent No.8 and Ms. Samhitha Nimmala, learned counsel, representing Sri Vivek Jain, learned counsel on record for respondent Nos.1, 5, 6, 10, 13 and 14.
3. Petitioner herein filed LGC No.20 of 1999 against the respondents herein alleging that respondents grabbed the land admeasuring 6484 sq.mtrs in TS No.1 Block-B, Ward No.9 and TS No.1/1/C/1, Block-H, Ward No.9, correlated to Sy.No.403 of Shaikpet village, Road No.3, Banjara Hills, Hyderabad, which is classified as ‘Government Poramboke’. 4. In the concise statement, petitioner averred that Shaikpet village of Shaikpet Mandal, Hyderabad District was formerly a Sarf-e-Khas village and after merger of Sarf-e-Khas with Diwani in 1358 Fasli, the administration of the same was transferred to Diwani; that according to Sethwar, there were 353 survey numbers in the said Village; that
The court affirmed that continuous possession for over 30 years can establish title by adverse possession, and mere allegations of land grabbing require substantial proof of unlawful occupation.
The court affirmed that possession without legal title constitutes land grabbing, rejecting the petitioners' claim of adverse possession due to lack of evidence.
Possession without legal title constitutes land grabbing; the court affirmed the applicants' valid ownership based on registered sale deeds, invalidating the respondents' claims.
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