THE HON’BLE SRI JUSTICE T. VINOD KUMAR

AND

THE HON’BLE SMT. JUSTICE P. SREE SUDHA

WRIT PETITION No. 7714 of 2004

ORDER: (Per Hon’ble Sri Justice T. Vinod Kumar

This Writ Petition is filed feeling aggrieved by the order

dated 01-04-2004 in L.G.C.No.180 of 1996 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act,

1982 (for short ‘the Act’) at Hyderabad.

2. The petitioners herein are respondent Nos.1, 2 and 4 in the

LGC before the Special Court.

3. Heard learned counsel for the petitioners, learned counsel appearing on behalf of 1^st respondent and learned Government Pleader for Assignment appearing on behalf of respondent No.4,

and perused the record.

4. The case of the petitioners in brief is that the 1^st respondent herein had filed an application under Section 8(1) of the Act before the Special Court claiming that the petitioners herein have grabbed the land of 1^st respondent to an extent of 900 sq. mts equivalent to 1076.4 sq. yards in Sy.No.403, Road No.2,

Golconda Mandal, Hyderabad; that the aforesaid extent of land alleged to be grabbed by the petitioners herein forms part of plot No.8 in the plan of Development Scheme of Jubilee Hills prepared by the Jubilee Hills Municipality; and that the subject plot admeasuring Ac.3.20 gts had been purchased by the 1^st respondent herein under registered sale deed dated 24-10-1961 (marked as Ex.A-2 before the Special Court) from one Mirza Shahid Ali Khan and is in possession and enjoyment of the same. 5. Petitioners further contend that the aforesaid property was with Door No.8-2-120/84.

6. Petitioners further contend that while the 1^st respondent is claiming the specific property with door number, however, by mentioning wrong survey number, is laying claim to the property purchased by them which is situated in Sy.No.129/73 of Shaikpet Mandal, Hyderabad.

7. Petitioners further contend that Sy.No.129//73 of Shaikpet Mandal forms part of T.S.No.16 while Sy.No.403 wherein the 1^st respondent claims its property is situated in T.S.No.4, and thus, the 1^st respondent by mentioning wrong survey number, is claiming the property belonging to the 2^nd petitioner admeasuring

350 sq. yards, 650 sq. yards belonging to 4^th petitioner and 530 sq. yards belonging to 5^th petitioner and as such, the 1^st respondent is not entitled for being granted any relief by the Special Court.

8. Petitioners further contend that the Special Court while adjudicating LGC No.180 of 1996 filed by the 1^st respondent herein as applicant had clubbed LGC No.4 of 1998 and conducted common trial in both the cases; that the Special Court while dismissing LGC No.4 of 1998 filed by the 1^st respondent herein, allowed LGC No.180 of 1996 against the petitioners herein by holding the petitioners herein having grabbed the land to an extent of 900 sq. mts of the 1^st respondent herein and accordingly, declared the petitioners as land grabbers, which finding of the Special Court on the basis of the same evidence is contrary and perverse.

9. Petitioners further contend that plot No.8 in Sy.No.129 is relatable to Sy.No.403, while petitioners’ land bearing Door No.8-2-282/1/1 situated at Road No.3, Banjara Hills, Hyderabad forms part of T.S.No.16, Block-D, Ward 10 co-related to Sy.No.129/3, and thus, the land claimed by the petitioners is situated in different survey number and different Town Survey number lying on north of T.S.No.4/1/1/C, which is recorded in the name of private individuals and thus, the 1^st respondent is not entitled to claim that petitioners have grabbed any part of its land.

10. On behalf of the petitioners, it is further contended that the report of the Commissioner in I.A.No.426/1998 in LGC No.4 of 1998 dated 16-10-1999 clinchingly establishes their claim to the subject land and that the Special Court did not consider the same nor the 1^st the respondent herein had challenged the said report of the Commissioner.

11. On behalf of the petitioners, it is further contended that the entire issue relates to localization o