THE HON’BLE SRI JUSTICE T. VINOD KUMAR AND THE HON’BLE SMT JUSTICE P.SREE SUDHA Writ Petition No.6793 of 2019 ORDER: (per Hon’ble Sri Justice T.Vinod Kumar)

This Writ Petition is a classic case of the State depriving a citizen from enjoying the fruits of the order obtained through judicial process in respect of a subject matter, for which State itself had brought about a special enactment viz., A.P. Land Grabbing (Prohibition) Act, 1982.

2. Heard Sri G.Vidya Sagar, learned Senior Counsel appearing on behalf of Smt K.Udaya Sri, learned counsel for the petitioners, learned Government Pleader for Municipal Administration & Urban Development appearing for respondent No.1, Sri Praveen Kumar Veerjala, learned Standing Counsel appearing for GHMC appearing for respondent No.2, learned Government Pleader for Assignment appearing for respondent No.3, learned Government Pleader for Revenue appearing for respondent No.5, learned Government Pleader for Home appearing for respondent No.6, Sri Avinash Desai, learned Senior Counsel appearing for some of the unofficial respondents and perused the record.

3. Briefly stated, the case of the petitioners is that their father during his life time had initiated proceedings under A.P. Land Grabbing (Prohibition) Act, 1982 (for short ‘the Act’) before the Special Court constituted thereunder, to declare the unofficial respondents mentioned therein as land grabbers as defined under Section 2(d) of the Act, by filing a case vide LGC No.126/1995, in respect of the schedule property admeasuring Acres 31.25 guntas in survey No.43/1, 44/1 and 45/1 of Kandikal Village, Bandlaguda Mandal, Hyderabad District (hereinafter referred to as ‘LGC schedule property’); that the Special Court by judgment, dt.31.12.1997, had allowed the LGC.No.126/1995, wherein the unofficial respondents were declared as land grabbers; that the said order has been confirmed by a Division Bench of this Court vide order, dt.15.06.2009 in WP.No.5440 of 1998; and that the order of Special Court having attained finality, the land which has been grabbed by the unofficial respondents has not been repossessed by the respondents and transmitted to the petitioners.

4. It is the further case of the petitioners that on the Special Court passing the order in LGC.No.126/1995 declaring the unofficial respondents as land grabbers and challenge to the said order before this Court in WP.No.5440 of 1998 resulting in dismissal, the petitioners approached the Special Court to declare the action of the respondents in causing delay in executing the orders in LGC.No.126/1995 by filing an interlocutory application vide I.A.No.320/2010; that the Special Court had passed order, dt.23.03.2010, directing the respondents-authorities to execute the order in LGC No.126/1995; that on the respondents failing to comply with the order of the Special Court in IA.No.320/2010, the petitioners had approached this Court once-again by filing Writ Petition No.5711 of 2011; and that this Court by considering the facts of the case, by its order dt.07.04.2011 directed the official respondents to execute, faithfully and expeditiously the order of the Special Court, dt.31.12.1997 in LGC No.126/1995 within a period of three (03)

weeks from the date of receipt of a copy of the said order.

5. It is the further case of the petitioners that despite this Court directing the official respondents to give effect to the order of the Special Court in LGC No.126/1995 by executing the same within the time frame, the same remains to be unexecuted till date, thereby the petitioners’ father who instituted the aforesaid proceedings under the special enactment against the unofficial respondents could not enjoy the fruits of the order obtained by him during his life time.

6. It is the further case of the petitioners that on the Special Court passing the order, dt.31.12.1997 in LGC No.126/1995, an interlocutory application vide IA.No.1001 of 2009, was filed and the Special Court by order dt.17.11.2009, permi