THE HON’BLE SRI JUSTICE T. VINOD KUMAR AND THE HON’BLE SMT. JUSTICE P. SREE SUDHA WRIT PETITION No. 24577 of 2008 ORDER: (Per Hon’ble Sri Justice T. Vinod Kumar The petitioner in the present Writ Petition is the State represented by the Mandal Revenue Officer, Asifnagar Mandal, Hyderabad, and is aggrieved by the order of the Special Court constituted under the A.P.Land Grabbing (Prohibition) Act (for short ‘the Act’) at Hyderabad dated 26-02-1997 in LGC No.63 of

1996.

2. The petitioner herein has filed an application under Section 8 of the Act before the Special Court to declare the respondent therein (2^nd respondent herein) as land grabber in respect of land to an extent of 283 sq. mts and to deliver vacant possession of the same.

3. The petitioner/applicant by the application filed under Section 8 of the Act, and the concise statement annexed to the said application had claimed that the village Asifnagar was an Ex-Sarfekhas village and after amalgamation, had merged in Dewani in the year 1949; that T.S.No.4/1/part, Block ‘A’ Ward No.23 correlated to Sy.No.‘Nil’ of Asifnagar village is classified as Government Land situated in Asifnagar Village, Golconda Mandal; and that on the Surveyor causing inspection of the land in Asifnagar village, it was noticed that the 2^nd respondent herein had encroached the Government land to an extent of 305 sq. mts and constructed a dwelling house.

4. The petitioner/applicant in the concise statement further claimed that on noticing the aforesaid encroachment made by the 2^nd respondent herein, a notice under Section 7 of the A.P.Land Encroachment Act, 1905 has been issued on 05-04-1994, served on the 2^nd respondent on 18-04-1995, and in response to the said notice, since no documents were filed to support her claim over the land, the authorities have passed an order under Section 6 of the said Act, and thus, the 2^nd respondent had unlawfully and without valid entitlement had grabbed the Government land which is an offence under the provisions of the Act.

5. On the Special Court taking cognizance of the aforesaid application and issuing notice to the 2^nd respondent herein, the 2^nd respondent had entered her appearance and filed her written statement contending that the application schedule land is a private land belonging to one Hameed Ali Khan, S/o.Mahedi Nawaz Jung, Retired Sessions Judge; that 2^nd respondent’s co- sister Smt.Razia Shahanaz w/o.Aleemuddin Ahmed purchased the land under registered sale deed vide document No.807/64 dated 22-04-1964; that she gifted the land under deed in her favour vide doc.No.6809/80 dated 02-06-1980; and that her co- sister applied to Municipal Corporation of Hyderabad for permission to construct a dwelling unit and the same was accorded vide permit No.14/9 dated 21-12-1980, which on completion of construction was also assessed to tax by assigning Municipal number from the year 1980.

6. The 2^nd respondent by the written statement further contended that she has constructed a house in the property gifted to her by her co-sister under registered document dated 02-06-1980 after obtaining permission from the Municipal Corporation of Hyderabad and also obtained electricity and water connection in her name and enjoying the property; and that the land wherein she has constructed the house is a private property and not the Government land and it forms part of residence of Hameed Ali Khan, who had sold the property to her co-sister in the year 1964 and the house constructed by her is situated within the compound wall of house bearing No.10-2-

347, which is in existence for more than 50 years.

7. By the written statement, the 2^nd respondent contended that the Town Survey conducted in the year 1967 records the subject property along with compound wall enclosing open space was considered as private land with building adjacent to which there was a land belonging to Government; and that the Housing Board having sold land to an extent of 24 sq. yards belonging to Government adjacen