HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.24519 of 2013 ORDER:

(per Hon’ble Sri Justice Laxmi Narayana Alishetty)

This Writ Petition is filed assailing the order, dated

06.06.2013, passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act, Hyderabad, (hereinafter referred to as ‘the Special Court’) in LGC.No.59 of 2007.

2. Heard Sri Dammalapati Srinivas, learned counsel for the petitioner, Sri Vivek Jain, learned counsel for respondent No.13 and learned Government Pleader for Land Acquisition appearing for respondent No.14.

3. In nut-shell, the facts of the case, as averred in the affidavit filed in support of the Writ Petition, are that one Lt. Col. C.E.Cox was the original owner of lands in Sy.Nos.1 to 9 of Guttala Begumpet Village, Serilingampally Mandal, Ranga Reddy District and he sold an extent of Acs.93.11 guntas of land in the said Survey numbers to one B.Ramalingeswara Rao under registered sale deed dated 06.05.1963, which includes the land admeasuring Acs.11.13 guntas in Sy.No.9 of Guttala Begumpet Village. The said B.Ramalingeswara Rao gifted an extent of Acs.90.00 in favour of Hyderabad Archdiocese Society (for brevity, hereinafter referred to as ‘the Society’) by way of unregistered gift deed dated 05.10.1973, which includes the land admeasuring Acs.11.13 guntas in Sy.No.9 and the said Gift deed was validated by MRO, Serilingampally Mandal, vide proceedings No.C/752/92, dated 10.09.1993, under Section 5-A of the A.P. Record of Rights in Pattedar Pass Books Act, 1971 (for brevity, hereinafter referred to as ‘the R.O.R Act’), only in respect of Acs.62.00 of land which includes the extent of Acs.11.13 guntas in Sy.No.9.

4. It is further averred that the Society sold an extent of Acs.7.13 guntas including an extent of Acs.4.13 guntas in Sy.No.9 to the petitioner through unregistered sale deed dated 03.06.1989 and the MRO, Serilingampally Mandal, validated the same vide proceedings No.C/1331/1989, dated 13.09.1993 and that since the date of purchase, the petitioner has been in possession and enjoyment of the said land.

5. It is further averred that the A.P. Waqf Board filed LGC.No.151 of 1996 before the Special Court against the petitioner and others claiming ownership in respect of land admeasuring Acs.90.17 guntas in Sy.Nos.1 to 9, however, the same was dismissed, vide judgment, dated 19.09.2003, holding that the petitioner herein, who is respondent No.15 in the said LGC, was owner of land admeasuring Acs.7.13 guntas in Sy.Nos.4, 5, 6 and 9. Challenging the same, the A.P. Waqf Board filed Writ Petition No.26553 of 2003 and the same was disposed of by this Court on 03.12.2010.

6. It is further averred that when some persons have grabbed the land in Sy.Nos.6(part), 7(part), 8(part) and 9(part) of Guttala Begumpet Village, the petitioner and others filed LGC.No.1 of 2006 before the Special Court, however, the said case was rejected, vide judgment, dated 02.03.2008, granting liberty to the applicants therein to approach competent civil Court for remedy. Aggrieved by the same, the petitioner and others filed W.P.No.11715 of 2009, however, the same was dismissed confirming the judgment of the Special Court. Subsequently, the petitioner filed suit in O.S.No.34 of 2010 against Sri Swamy Ayyappa Co-Operative Housing Society and its members along with an application in I.A.No.72 of 2010 and the trial Court was pleased to grant status quo and the said suit is pending adjudication.

7. It is further averred that in the month of April, 2007, when the petitioner visited the subject land, i.e., 6,640 square yards in Sy.No.9(part) of Guttala Begumpet Village, he found that the respondents have grabbed the said land during the month of November, 2006, by fabricating the documents without any legal entitlement. Hence, the petitioner filed LGC.No.59 of 2007 before the Special Court, however, the said LGC was dismissed, vide order dated 06.06.2013. Aggrieved th