ANDHRA PRADESH LAND GRABBING PROHIBITION RULES, 1988
FORM
FORM 1
(See Rule 3)
Application under sub section (1) of Section 7 A under sub section (1) of section 8 of the Act.
To
Special Tribunal(District Judge Chief Judge City Civil Court Hyderabad )
The Chairman.
Special Court.
Hyderabad.
1. Full name of the Applicant. ......
2. Father Husband Name ......
3. Address ......
4. Name(s) of the respondent(s) with fathers/
FORM
FORM II (A)
(See Rule 7 (1))
Notice
The Special Court has taken cognizance of the case filed by Sri............................................... Son of................................................It is alleged that the land belonging to as specified in the Schedule below is grabbed by Sri ....................... .............................................. Son of ..............
Notice is hereby given to whomsoever it may concern including the custodian of evacuee property concerned as required under the first proviso to sub section (6) of Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (A.P. Act, 12 of 1982). If any person intends to object the may submit his objections
FORM
FORM II (B)
(See Rule 7 (2))
The Special Tribunal..............................(District) has taken cognizance of the case filed by Sri....................Son of Sri..................................................It is alleged that the land belonging to.....................as specified in the schedule below is grabbed by Sri ..........Son of Sri..............
Notice is hereby given to whomsoever it may concern including the custodian of evacuee property as required under the first proviso to sub section (4) of Section 7-A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (A.P, Act 12 of 1982). If any person intends to object the may submit his objections if any to this Special Tribunal...........District on or before the day.......
FORM
--------------------------------------------------------------------------------FORM III (B)
(See Rule 8 (2)
Notice
The Special Tribunal has taken cognizance of the case filed by Sri .............................................. Son of..........................................it is alleged that the land belonging to Sri.................. as specified in the Schedule below is grabbed by Sri..............................Son of.............................
Notice is therefore given to Sri............................Son of ................................as required under the third proviso to sub section (4) of Section 7 (A) of the Andhra Pradesh Land Grabbing (Prohibition Act, 1982 (A.P.Act 12 of 19
FORM
FORM III (A)
(See Rule 8 (1))
Notice
The Special Court has taken cognizance of the case filed by Sri.............................Son of.......it is alleged that the land belonging to Sri.........as specified in the Schedule below is grabbed by Sri......................................Son of ...........................................Notice therefore given to Sri.................................................Son of..............................................as required under the third proviso to sub section (6) of Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (A.P. Act. 12 of 1982). If he has any objection he may submit his objections if any before the Special Court on or before the................day of .......(mont
FORM
FORM IV (A)
(See Rule 9 (1))
To
Sri
The Special Court has come to the conclusion that the land specified in the Schedule below has been grabbed by you on by your agent and it is proposed to award compensation in terms of money for wrongful possession of the land grabbed which shall not be less than an amount equivalent to the market value of the land grabbed, as on this day and profits accrued from the land payable by you to the owner of the grabbed land and proposed to direct the redelivery of the grabbed land to its rightful owner.
Opportunity is hereby given to you as required under proviso to sub section (7) of section 8 of the Andhra Pradesh Land G
FORM
FORM IV (B)
(See Rule 9 (2))
To
Sri
The Special Tribunal has come to conclusion that the land specified in the schedule below has been grabbed by you or by your agent and it is proposed to award compensation in terms of money for wrongful possession of the Land grabbed which shall not be less than an amount equivalent to the market value of the land grabbed as on this day and profits accrued from the land payable by you to the owner of the grabbed land to its rightful owner.
Opportunity is hereby given to you as required under proviso to sub section (5) of section 7-A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (Act 12 of 1982) to make r
FORM
FORM V
[See Rule 15 (2)]
Office of....................
Direction to take and deliver possession.
The Special Court Special Tribunal under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (Act 12 of 1982) by its order number...................dated...............has decided that the ownership of the land grabbed mentioned in the schedule below, belongs to the Government local authority religious or charitable institution or endowments or wakf person (by name)......................
You are hereby deputed to take possession of the land grabbed on behalf of the Government from Sri ............................. Son of ............................ Res
FORM
FORM VI
(See Rule 15 (4))
CERTIFICATE
This is to certify that the Land mentioned in the schedule below which is in may possession occupation and I have voluntarily delivered possession of the said land to Sri ......................................... Son of ....................... Government Religious or Charitable institution Endowment including Wakf local authority.
Signature
Designation
Witnesses
(1)
(2)
FORM
--------------------------------------------------------------------------------
FROM VII
[See Rule 15 (5) & (6)]
Certificate
This is to Certify that Sri...................................Son of........................................................who is in possession or occupation of the land shown in the schedule below having failed to deliver possession of the said land voluntarily in pursuance of the orders of the Special Court Tribunal, I have entered the said land and have taken possession thereof after removing the obstruction and unauthorised occupation on the said land on this day.........................the.....................day of...............(Month)..........................(Year).
FORM
FORM VIII.
[See Rule 16(1)]
Form of cause title of the Appeal
In the Special Court under the Land Grabbing (Prohibition) Act
HYDERABAD
Appeal No. ................................... of 19.
Between ..........................................................
1. A.B. Appellants.
2. C.P. (Petitioners)
AND
2. E.F. Respondents.
2. G.H. (Respondents)
These rules may be called the Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988.
In these rules, unless, the context otherwise requires.
(a) Act means Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.
(b) Court means the Special Court constituted under Section 7 of the Act and includes the Special Tribunal as defined under clause (i b) of Section 2 of the Act;
(c) Form means, a form appended to these rules:
(d) Mandal Revenue Officer means, a Mandal Revenue officer holding the charge of a Revenue Mandal;
(e) Revenue Inspector means, Revenue Inspector holding the charge of a Revenue Inspector post in a Revenue Mandal, and includes a Special Revenue Inspector appointed by the District Collector for purpose of these rules;
(f) Revenue Di
(1) Every application to be made before the Special Court under sub section (1) of Section 8 or before the Special Tribunal under sub section (1) of Section (7-A) of the Act, shall be in Form I and shall be signed and verified by the applicant.
(2) Every application under sub rule (1) shall be made in respect of the lands specified in sub section (3) of Section 1 or in respect of lands situated in other areas notified under sub section (38-A) thereof,
(3) Every such application shall be presented in person or by an authorised agent or an advocate to such Officer of the Court as may be authorised in this behalf by the Chairman of the Special Court or the Presiding Officer of the Special Tribunal.
(4) Every such application shall contain statement in a concise form of the material facts of the c
{. :- Every application filed before the Special Court or the Special Tribunal and also appeals and reviews filed before the Special Court shall be accompanied by a Court fee as specified below:-
Where a Chairman or any member of the Special Court desires that any case should be taken cognizance of suo motu , he may record a statement of facts within his knowledge and place it before the Special Court.
(1) Every application filed under sub section (1) of Section 8 of the Act or every case taken cognizance of suo motu by the Special Court or an application filed under sub section (1) Section 7 A of the Act, before the Special Tribunal, may be referred for local inspection or verification or both by the Mandal Revenue Officer having jurisdiction over the area or by any other Officer of the Government authorised by the Court in this behalf.
(2) The Mandal Revenue Officer or the Officer to whom the application has been referred under sub rule (1) shall make or cause to be made an inspection or verification or both, as soon as may be practicable and shall submit a full and complete report within two weeks from the date of receipt or order with reference to Revenue Records and facts on ground as to the following:
(i) the correctness of the
(1)The Special Court shall before taking cognizance of the case under the Act give notice in Form 11 A by publishing it in the Andhra Pradesh Gazette.
(2) The Special Tribunal shall before taking cognizance of the case under the Act give notice in Form IIB by publishing it in the Andhra Pradesh Gazette.
(1) The Special Court shall give notice in Form III A to the persons known or delivered to be interested in the land.
(2) The Tribunal shall give a notice in Form III B to the persons know or believed to be interested in the land.
The Special Court shall before passing an order under sub section (7) of section 8 of the Act, and the Special Tribunal shall before passing an order under sub section (5) of Section 7 A of the Act, give notice to the land grabber in Form IV.} Rule 9 Subs. by G.O.Ms.No.916, Revenue (AandR), dt: 12-9-1994.
All notices under the Act and the rules made thereunder shall be served by registered post with acknowledgment due. Within three days after the order of the Court the petitioner or appellant shall file before the Registrar Superintendent or as the case may be, the required number of covers correctly addressed and bearing the required stamps and accompanied by postal acknowledgment forms. The postal acknowledgment purporting to bear the signature of the respondent or adult member of the family shall be sufficient service of the notice. The Court may declare that an endorsement of refusal made by the postman shall be deemed to be sufficient service. If the covers returned with an endorsement that the addressee is not residing at the address or left the place without instructions, the Court may direct substituted service by publication in any Newspaper in the local language having circulation in the area in which the respondent
The respondent of interested party may, and if so directed by the Court shall, file Counter within a period of fourteen days or such extended time as the Court may grant.
An application for withdrawal of a case pending before any Special Tribunal shall be made to the Court in the form of original petition accompanied by an affidavit stating the reasons for the withdrawal of the application. Notice of the with drawal shall be served on the other side before presentation of the petition.
The Special Court shall have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying an application in respect of the following matters namely:
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents and material objects;
(c) issuing Commission for examination of witnesses;
(d) every enquiry or investigation by the Court shall be deemed to be a judicial proceeding within the meaning of Section 193 and 228 of Indian Penal Code, 1860 (45 of 1860).
If any bench of the Special Court trying a case of land grabbing on an application under section 8 of the Act, considers that the criminal liability should also be determined simultaneously it shall place the papers before the Chairman for entrustment of criminal trail to another bench. The judgment in the criminal case shall not however be delivered until the proceedings on the rights over property involved are settled.
Section 14 of the Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988, delineates the powers and procedures of the Special Court and Special Tribunal in executing orders, including the disposal of applications, execution of orders, and miscellaneous administrative functions. It forms a crucial part of the enforcement mechanism under the Land Grabbing (Prohibition) Act, 1982, ensuring effective implementation of the Court’s decisions.
Section 14 authorizes the Special Court and Tribunal to:- Receive applications, appeals, and proceedings.- Require relevant authorities to furnish records and verification reports.- Dispose of applications, including those for copies of judicial records.- Communicate final decisions or orders to affected parties and authorities.- Issue directions for taking possession of land, including deputation of officers.- Execute orders for redelivery, compensation, and profits as per the provisions of the Act and the Civil Procedure Code.- Oversee the transfer of pending cases from civil or criminal courts to the Special Court.- Protect persons acting in good faith from legal proceedings.
Section 14 broadly covers:- Administrative and procedural functions of the Special Court and Tribunal.- Enforcement actions including possession, eviction, and compensation.- Overriding authority over other laws, ensuring swift action.- The process of executing orders, including through Revenue Officers and civil courts.- Safeguards for officers acting bona fide.- Transfer of pending proceedings from civil/criminal courts to the Special Court.
While Section 14 itself does not prescribe specific punishments, violations such as unauthorized interference with the Court’s orders or illegal obstruction in execution can attract penalties under the Act, including imprisonment or fine. Additionally, contempt proceedings may be initiated against officers or persons obstructing the enforcement of Court orders.
Power to receive applications - Section 14 authorizes the Court to admit applications and appeals, facilitating effective case management under the Act. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Verification report - The Court may call for a report from the Mandal Revenue Officer, but this is discretionary if certified copies of government records are sufficient; thus, mandatory referral is not always required. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Communication of orders - Section 14 empowers the Court to communicate final decisions to all relevant parties, ensuring proper enforcement. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Execution of orders - The Court can execute orders for eviction, redelivery, and compensation through the Civil Procedure Code, emphasizing the procedural integration. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Deputation of officers - Deputing Revenue Officers or other authorized personnel for taking possession is within the Court’s powers, ensuring physical enforcement of orders. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Protection of officers acting bona fide - Section 14 provides immunity to officers acting in good faith, safeguarding the enforcement process against frivolous claims. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Transfer of pending cases - The Court has jurisdiction to transfer cases from other courts, centralizing proceedings and expediting disposal. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Order for compensation and profits - The Court can direct payment of monetary compensation and profits, recoverable as arrears of land revenue or through civil decrees. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Enforcement through civil courts - Orders for redelivery or compensation can be executed via civil courts, integrating civil law procedures. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Procedural safeguards - The Court must follow principles of natural justice, including giving opportunities to parties before passing orders, aligning with constitutional mandates. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Case transfer and finality - The Court’s authority to transfer pending proceedings ensures swift adjudication, reducing delays caused by multiple courts. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Role of Revenue Officers - Section 14 emphasizes the role of Revenue Officers in executing possession orders, underlining their importance in enforcement. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Protection against illegal interference - The provisions aim to prevent unlawful interference with the Court’s functioning, ensuring rule of law in land recovery. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Order for execution of orders - The Court can direct the execution of eviction or redelivery orders immediately after finalization, promoting swift justice. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Legal immunities - Officers acting in good faith are protected from legal proceedings, which is vital for effective enforcement. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Procedural compliance - The Court must adhere to the procedural rules, including proper notices and verification, to uphold legality of actions. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Integration with CPC - The provisions allow for the application of the Civil Procedure Code, ensuring procedural consistency and enforcement efficacy. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Safeguards for parties - The procedures ensure parties are given fair opportunity, aligning with constitutional guarantees under Articles 14 and 21. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Finality of orders - Orders passed by the Court under Section 14 are binding and enforceable, with mechanisms for execution and review. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Enforcement in cases of good faith - The immunity clause encourages officers to act without fear of undue legal repercussions, facilitating effective land recovery. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Legislative intent - The provisions aim to ensure speedy and effective removal of land grabbers, aligning with the legislative purpose of curbing illegal land occupation. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Procedural flexibility - The Court’s powers under Section 14 provide flexibility to adapt procedures for effective enforcement, including deputation and transfer of cases. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Protection of lawful owners - The framework ensures that lawful owners are restored to possession swiftly, deterring illegal activities. [Source: "K. Obul Reddy VS State of Andhra Pradesh"]
Section 14 of the Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988, confers comprehensive powers upon the Special Court and Tribunal to ensure swift, effective, and lawful enforcement of orders against land grabbers. Its provisions balance procedural safeguards with the need for expeditious action, integrating civil procedures with specialized land recovery mechanisms, and emphasizing protection for officers acting bona fide. These provisions are pivotal for the effective implementation of the Land Grabbing (Prohibition) Act, 1982, and uphold the constitutional principles of justice, fairness, and rule of law.
(1) The Court Tribunal shall communicate its final decision or order to the affected parties and also in the Revenue Divisional Officer to give effect to the decisions of the Court.
(2) The Revenue Divisional Officer shall on receipt of the order of the Court issue or arrange to issue a direction in Form V deputing any Officer not lower in rank than a Revenue Inspector to take possession of the grabbed land on behalf of the Court and deliver and possession of the land to the person ordered by the Court.
(3) A copy of the authorisation issued by the Revenue Divisional Officer shall be served or arranged to be served on the person in possession or occupation of the land, as the case may be.
(4) Where the person in possession or occupation of the grabbed land delivers possession thereof voluntari
(1) An appeal under sub section (3) of Section 7-A of the Act shall be preferred in the form of a Memorandum in Form VIII signed by the appellant or his advocate and presented do the Registrar. The Memorandum shall set forth concisely and under distinct heads, the grounds of objection to the order appended against and the precise relief sought for.
(2) The Memorandum of appeal presented shall be accompanied by as many authenticated copies on plain paper, of the Memo of appeal, and order of the Tribunal as there are respondents to be served and four such copies in addition for Court record, besides the certified copy of the order as required to be filed under O. XLI Rule 1 of the Code of Civil Procedure, 1908, (Central Act V of 1908).
(3) When appeal is presented after the expiry of the period prescribed by the Act, it shall be accompani
The Code of Civil Procedure shall mutatis mntnadis apply to the hearing of applications appeals before the Special Court so far as they are not inconsistent with the provisions of the Act and the rules made thereunder.
(1) An application for the review of the order passed by the Court shall be preferred within thirty days from the date of the order of which the review is sought.
(2) Review application shall be decided ordinarily by the same members who have passed the order or judgment under review. If however the member ceases to hold office, the Chairman shall nominate any other member in his place to hear the review petition. In cases where the Chairman who happened to be the member of the Bench ceases to hold Office, his successor shall hear the review petition.
The Official Seal and Emblem of the Special Court Special Tribunal shall be such as may by specified by the Government.
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
SCHEDULE SCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
&nb
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
&nbs
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
&nbs
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
SCHEDULESCHEDULE
Name of the
owner of the
land
Village in
which it is
located
Mandal
and District
in which it
falls
S.No. Sub division
No. of the alleged
land
Boundaries
of the land
&nbs
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