THE HON’BLE SRI JUSTICE T. VINOD KUMAR AND THE HON’BLE SMT. JUSTICE P. SREE SUDHA WRIT PETITION Nos. 2490 and 6539 of 2015 COMMON ORDER: (Per Hon’ble Sri Justice T. Vinod Kumar Since, the issues involved in these both these Writ Petitions are one and the same and they are being disposed of by this Common Order.

2. The petitioner Nos.1 to 5 in W.P. No.2490 of 2015 are the respondents in the underlying L.G.C, and are aggrieved by the order of the Special Court constituted under the A.P. Land Grabbing (Prohibition) Act (for short ‘the Act’) at Hyderabad, dated 11.11.2014 in LGC No.06 of 2011.

3. W.P. No.6539 of 2015 is filed by the petitioners who are third parties to the underlying L.G.C, challenging the notice dated 02.02.2015 issued in the underlying L.G.C proceedings by Deputy Collector, Rajendranagar Mandal, Rangareddy district.

4. The respondent Nos. 1 and 2 herein have filed application under Section 8(1) of the Act before the Special Court to declare the petitioner Nos.1 to 5 herein (respondent Nos. 1 to 5 therein) as land grabbers in respect of Plot No. 10, 11, 12, 23 and 24 to an extent of 1072 Sq yds in Sy No.66 of Bandlaguda Jagir village, Rajendranagar Mandal, Rangareddy district.

5. The petitioner Nos. 1 to 5 claim that the petitioner No.3 herein was allotted plot No. 276 of Gandhamguda Weaker Sections Colony, Pirancheruvu, Rajendranagar Mandal by the then Government of Andhra Pradesh, and house sites pattas was also allotted in her favour. Further, the plot Nos. 217, 264 and 276 of Gandhamguda Weaker Sections Society were allotted to one Smt. Chandrakala and K. Syamalamma; that the other petitioners herein have entered into agreements of sale and constructed houses and they continued to be in possession and enjoyment of the said plots by obtaining electricity and nala connections.

6. It is contended that, the original allotment in respect of the above referred persons is not in dispute. Further, the said plot Nos. 276 is situated in Sy No.33 and 34 of Gandamguda village but not in Sy No.66 of Bandlaguda Jagir village.

7. It is further contended that, the Deputy Collector, Rajendranagar vide report dated 06.04.2011 found that the subject property is not situated in Sy. No. 66 of Bandlaguda Jagir village and it is situated in Sy. No.68 of Bandlaguda Jagir village.

8. However, the Special court vide its orders passed in I.A. No. 860 of 2012 appointed the Assistant Director, Survey of land Records, R.R. District as commissioner to demarcate the subject property wherein his report stated that the plot Nos.10, 11, 12, 23 and 24 are situated in Sy. No.66 of Bandlaguda Jagir village. Further contend that, the Special court has no jurisdiction to entertain the underlying L.G.C as respondents herein has not satisfied the definition under Section 2 (d) and Section 2 (e) of the Act.

9. The petitioners herein also contend in respect of survey conducted by the Assistant Director, Survey of land Records, that, the survey conducted is not in accordance with basic principles of survey which failed to see if there is any over lapping of the land in Sy. No. 33 and 34.

10. It is contended by the writ petitioners in W.P. No.6539 of 2015 that, petitioner No.1 herein is the owner and possessor of plot No. 153/P admeasuring 200 Sy. yds situated in Sy No.35 of Gandamguda village purchased vide registered sale deed 02.02.2012, further, his vendor purchased the said plot vide registered sale deed bearing dated 12.03.2007.

11. Further, the petitioner No.2 purchased plot No. 265 in Sy. No. 33 and 34 admeasuring 60 Sq. yds in Gandamguda village under agreement of sale from his vendor who was allotted the said house site vide dated 10.03.1999 and subsequently the petitioner No.2 constructed a small house and obtained electricity connection and in peaceful possession.

12. It is contended that, husband of the petitioner No.3 purchased plot No. 231 in Sy.No.33 and 34 of Gandamguda village admeasuring about 60 Sq. yds vide agreement of sale dated 19.10.2013