The burden of proof in land grabbing cases shifts to the respondent once the applicant establishes prima facie title, and the High Court's review is limited to manifest errors.

ORDER : (Per Hon’ble Sri Justice Laxmi Narayana Alishetty)

This writ petition is filed aggrieved by the order dated 29.11.2006 in L.G.C.No.121 of 1999 passed by the Special Court under Land Grabbing (Prohibition) Act, Hyderabad (for short, ‘Special Court’).

2. Heard Sri P.V.Raghu Ram, learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondent No.1 and Sri D.Srinivas Prasad, learned counsel for respondent Nos.3 to 8.

3. The facts of the case in nutshell are that originally, Smt. Kambhampati Savithri Devi (applicant in LGC) filed LGC No.121 of 1999 before the Special Court alleging that writ petitioner herein (respondent No.1 before the Special Court) has grabbed land to an extent of 252 square yards forming part of plot No.4 in Sy.No.10 of Alkapuri colony, Saroornagar village, Ranga Reddy district (hereinafter referred to as ‘subject property’) and respondent No.9 herein (respondent no.2 before Special Court) grabbed land to an extent of 195 square yard forming part of Sy.No.9, corresponding to new Sy.No.9/1/F situated at Saroornagar village, Ranga Reddy district. That during the pendency of LGC, said Kambampati Savithri Devi expired and her legal heirs, who are respondent Nos.3 to 8 herein, were brought on record as applicant Nos.2 to 7. The applicant before the Special Court had contended that she is the owner of the plot No.10A admeasuring 555 square yards forming part of Sy.No.9, corresponding to new Sy.No.9/1/F of Saroornagar village and Mandal of Ranga Reddy district having purchased the same under registered sale deed dated 09.01.1965 from her vendor i.e., Valluru Venkateshwarlu and that they were in possession and enjoyment of the subject property and also raised temporary shed in the year 1970.

4. The applicant contended that writ petitioner herein grabbed the land to an extent of 252 square yards in the year 1997 and made construction without permission and claiming that he purchased the property from the 10th respondent herein (respondent no.3 before Special Court), who in turn purchased the land to an extent of 194 square yards forming part of Sy.No.10 from 11th respondent herein (respondent No.4 before Special Court) and 58 square yards forming part of Sy.No.10 from the 12th respondent herein (5th respondent before Special Court) and in turn, 12th respondent had purchased an extent of 1111 square yards forming part of Sy.No.10 from the 13th respondent-society herein (respondent No.6 before Special Court). It is further contended that writ petitioner herein filed O.S.No.658 of 1998 on the file of Principal Junior Civil Judge, East and North, R.R. District against the applicants before the Special Court for permanent injunction. The applicant lodged complaint with the District Registrar, Co-operative Societies, R.R. District on 01.12.1997 and also made complaint to the Commissioner, L.B.Nagar Municipality against 13th respondent-society herein in the year 1997 to stop the construction being made by the writ petitioner herein, however, no action has been taken. Therefore, the land grabbing case was filed against the writ petitioner herein and others.

5. The writ petitioner herein filed counter before the Special Court denying the allegations made by the applicants therein and contended that he never encroached the land of the applicant, which is alleged to be situated in Sy.No.9. He further contended that respondent No.13-society had purchased the land to an extent of Acs.3.00 guntas in Sy.No.10 of Saroornagar village and Mandal under registered sale deed in the year 1979 and the said society divided the land into plots and sold to its members and reserved some part of land for common areas.

6. It is further