THE HON’BLE SRI JUSTICE T. VINOD KUMAR AND THE HON’BLE SMT. JUSTICE P. SREE SUDHA WRIT PETITION No. 32158 of 2011 ORDER: (Per Hon’ble Sri Justice T. Vinod Kumar The petitioner Nos.1 to 11 in the present Writ Petition are the respondents Nos.1 to 11 in the underlying L.G.C, and are aggrieved by the order dated 13.10.2011 in LGC No.42 of 2008 passed by the Special Court constituted under the A.P. Land Grabbing (Prohibition) Act (for short ‘the Act’) at Hyderabad.

2. The respondent Nos.2 to 13 herein were applicant no.1 to 12 before the Special Court and had filed application under Section 8(1) of the Act, to declare the petitioners No.1 to 11 herein/ respondent Nos. 1 to 11 in the LGC as land grabbers in respect of land to an extent of 2244 Sq yds out of Ac.3.33 gts in Sy No.147(part), situated at Nanakramguda, Serilingampally Mandal, Ranga Reddy Dist., and to declare the application schedule land as their patta land.

3. The parties are referred as per their position in the present writ petition.

4. The defence of the petitioner Nos. 1 to 11’ herein who were respondents before the Special court was that one Smt. Janaki Bai, who was the owner and possessor of land in Sy No.147 admeasuring Ac.3-33 gts of Nanakramguda, sold away the same to Sri Mothilal, who is the ancestor of the petitioner Nos.1 to 11 (respondent Nos. 1 to 11 in LGC) on 21.12.1971 for total consideration of Rs.4375/- and since, then their ancestors were in possession. It is the further case of the petitioners that Sri Mothilal got a layout approved in the year 1971 and has sold the plots to the ancestors of the petitioners herein and since, then they and their ancestors were in possession of the same.

5. Petitioner Nos. 1 to 11 contend that, the revenue entries filed by the respondent Nos. 2 to 13/applicants do not create any right in their favour and the against the petitioner Nos. 1 to 11 herein, since, their ancestors purchased the property in the year 1971 which is confirmed by Lodha Arbitrators Committee in the year 1975.

6. Petitioner Nos. 1 to 11 contend that, the Special Court while considering the Ex.A-5 i.e. pahani for the year 1980-81 and Ex.A-6 i.e. pahani for the year 1990-91 has failed to appreciate that in Column No.22 "Name of the Crop" it is mentioned as ‘Houses’ and as it is not the case of the respondent Nos. 2 to 13/applicants, that they have constructed the houses in Sy.No.

147 of Nanakramguda village.

7. It is further contended by the petitioners that as per Tahsildar report dated 30.10.2008, the entire land in Sy.No.147 of Nanakramguda Village, is not verified as it is developed without proper layout, covered by houses leaving few plots scattered here and there and the subject plots could not be identified as it is not an approved layout.

8. It is also contended that, there is no evidence on behalf of the respondent Nos. 2 to 13/applicants to prove that they had constructed houses in the subject land and they were in possession of the same, whereas, the petitioner Nos. 1 to 11 herein produced documents/evidence such as ration cards, voter I.D cards, layout plan, property tax receipts and electricity bills to prove that the subject property is covered by the houses belonging to the petitioners.

9. It is further contended that, the claim of the respondent Nos. 2 to 13/applicants got extinguished as barred by limitation, as the great grandsons of Sri Balram i.e. original owner of subject land has filed LGC in the year 2008 i.e. after 40 years. Thus, the Judgement and Decree dated 13.10.2011 passed by the Special Court in LGC No.42 of 2008 without framing the issue of limitation and without deciding the question of limitation is bad in law and the same is liable to be set aside.

10. Per contra, on behalf of the respondent Nos. 2 to 13/applicants, it is contended that they are legal heirs of Balram who was pattedar and possessor of land admeasuring Ac 3.33 gts in Sy No.147 of Nanakramguda village, Serlingampally mandal which was accounted as patta land o