A DIWAKAR Vs. STATE OF A P
LAWS(APH)-2008-12-40
HIGH COURT OF ANDHRA PRADESH
Decided on December 31,2008

A DIWAKAR Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

V.ESWARAIAH,J. - (1.)HEARD both sides.
(2.)THESE two writ petitions arise out of a common judgment and decree, dated 22. 6. 2004, in L. G. C. No. 157 of 1996 on the file of the Special Court under the A. P. Land Grabbing (Prohibition) Act, Hyderabad. The said L. G. C. was filed by Y. S. M. Lakshmi and fifteen others against the petitioners and the 1st respondent in both the writ petitions, under Section 8 (1) of the A. P. Land Grabbing (Prohibition) Act, 1982, (for short 'the Act') through their G. P. A. Holder Sri P. Koteswara Rao stating that the petitioners herein grabbed an extent of 800 Sq. yards of land in Sy. No. 403 of Shaikpet Village, Golconda Mandal, Hyderabad and, therefore, they are liable to be prosecuted and punished for committing the offence of land grabbing under the provisions of the Act and also to restrain them by way of perpetual injunction from grabbing the application schedule land either by way of causing interference with the applicants' possession in any manner whatsoever or in the alternative the applicants be put in possession over the schedule property by evicting the respondents.
The Special Court took cognizance of the case under Section 8 of the Act and the same was published in the A. P. Gazette No. 216, dated 30. 9. 1996, under Section 8 (6) of the Act calling for the objections, but no objections were received. In response to the said notice, the Mandal Revenue Officer filed his report as required under Rule 6 of the Rules framed under the Act.

(3.)IT is the case of the applicants before the Special Court that they were allotted the land admeasuring 50 Sq. yards each totalling an area of 800 Sq. yards in Sy. No. 403, Indiranagar Slum, Shaikpet Village, Golconda Mandal, Hyderabad, and the premises numbers were also given independently in relation to the lands allotted to them. The said property was assigned to them by the then Revenue Divisional Officer, Hyderabad, vide proceedings, dated 15. 8. 1989 in File No. F/8406/84 under "welfare Scheme of State Government" and the said Authority issued Form "d " Certificates in their favour way back in 1989 and since then they have been enjoying the continuous and peaceful possession of the said property. While so, the petitioner in WP No. 15316 of 2004 along with the Mandal Revenue Officer, Golconda, tried to interfere with their peaceful possession and enjoyment of the property in question. Aggrieved by the said action, the applicants filed W. P. No. 10522 of 1996 before this Court, wherein interim stay of dispossession was granted.
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