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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.VINOD KUMAR, P.SREE SUDHA
State of Andhra Pradesh – Appellant
Versus
Vijayanthi Co-operative Housing Society – Respondent
ORDER:
(Per Hon’ble Sri Justice T.Vinod Kumar)
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner/applicants, with the following prayer:
It is prayed that this Hon'ble Court may be pleased to issue writ, order or direction, more particularly one in the nature of writ of certiorari by calling for the records from the Hon'ble Special Court under the A.P. Land Grabbing (P) Act, Hyderabad in LGC No.167 of 1997 and consequently quash the Judgement and Decree passed by the Special Court in LGC No.167 of 1997, dated 18.03.2010 declaring the same as illegal, arbitrary and violative of principles of natural justice holding that the Government is the owner of the schedule property and declare the Respondents herein as land grabbers in respect of land admeasuring Ac.197.32 Gts in Sy.No.74 of Marredpally Paigah and Ac.27.27 Gts in Sy.No.844/1 and Ac.4.33 Gts in Sy No. 74 of Marredpally Paigah of Malkajgiri village, situated at Mahendra Hills Hyderabad and direct the Special Court to grant all the reliefs that were sought in LGC No.167 of 1997 and pass such other order or orders as this Hon'ble Court may deem fit and proper in facts and circumstances of
The burden of proof in land ownership disputes lies with the claimant; mere allegations without evidence of title or ownership do not suffice to substantiate claims under the A.P. Land Grabbing Act.
Points of Law : Three principles of res judicata as between co-defendants were delineated as: (1) There must be a conflict of interest between the defendants; (2) it must be necessary to decide this ....
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