IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 5588 of 2009 Between: K. Avinash, S/o.K. Prasad Rao, R/o. H.No.321 A/9, Road.No.25, Jubilee Hills, Hyderabad-500033 ..... PETITIONER AND 1 Lolakapuri Arjun Rao, S/o. Lingaiah, R/o. 2-1-460/1, Nallakunta, Hyderabad-500 044 2 Smt.L.Pushpa, W/o. L.Arjun Rao, R/o. 2-1-460/1, Nallakunta, Hyderabad-500 044 3 P.Sujatha Ramji, W/o. Ramji, R/o. H.No.3/A/4, Picket, Secunderabad-500 028 4 M.Vijayalakshmi, D/o. M. Lakshman Rao, R/o. 2, A Navodaya Colony, Mehdipatnam, Hyderabad-500 028 5 K.Sruthi, D/o. K.Prasad Rao, H/No. 321/A/9, Road No.25, Jubilee Hills, HYderabad-500 033 6 V.Narayana Rao, S/o. Late Rama Rao, R/o. Sri Sai Nilayam, E-11, IDA, Road No.5, Patencheru, Medak District. 7 The District Revenue Officer, Industrial Employees Co-opertive House, Building Society, Sanga Reddy (Post) Medak District. 8 The Special Court under A.P. Land Grabbing (Prohibition) Act at B.R.K.R. Buildings, Tank bund, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the order dated 02.02.2009 in I.A.No.1434/2008 in L.G.C. No.41/2007 passed by the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad in the interest of justice. Counsel for the Petitioner: MR.M.S.SRINIVASA IYENGAR Counsel for the Respondent No.: GP FOR ASSIGNMENT WRIT PETITION NO : 5589 of 2009 Between: K. Avinash S/o. K. Prasad Rao R/o. H.No. 321 A/9, Road No.25, Jubilee Hill, Hyderabad - 500 033. ..... PETITIONER AND 1 Lolakapuri Arjun Rao S/o. Lingaiah R/o. 2-1-460/1, Nallakunta, Hyderabad - 500 044. 2 Smt. L. Pushpa W/o. L. Arjun Rao R/o. 2-1-460/1, Nallakunta, Hyderabad - 500 044. 3 P. Sujatha Ramji W/o. Ramji R/o. H.No. 3/A/4, Picket, Secunderabad - 500 028. 4 M. Vijaya Lakshmi D/o. M. Lakshman Rao R/o. 2, A Navodaya Colony, Mehdipatnam, Hyderabad - 500 028. 5 K. Sruti D/o. K. Prasad Rao H.No. 321/A/9, Road No. 25, Jubilee Hills, Hyderabad - 500 033. 6 V. Narayana Rao S/o. Late Rama Rao R/o. Sri Sai Nilayam, E-11, IDA., Road No. 5, Patencheru, Medak District. 7 The District Revenue Officer Industrial Employees Co-operative House Building Society Sanga Reddy (Post), Medak District. 8 The Special Court under A.P. Land Grabbing (Prohibition) Act at B.R.K.R. Buildings, Tank Bund, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the order dated 02/02/2009 in I.A.No.1435/2008 in L.G.C. No. 41/2007 passed by the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad in the interests of justice. Counsel for the Petitioner:MR.M.S.SRINIVASA IYENGAR Counsel for the Respondent No.: GP FOR ASSIGNMENT WRIT PETITION NO : 5590 of 2009 Between: K.Prasad Rao, S/o. K.V.Narasimha Rao, R/o. H.No.321 A/9, Road.No.25, Jubilee Hills, Hyderabad-500033 ..... PETITIONER AND 1 Lolakapuri Arjun Rao, S/o. Lingaiah, R/o. 2-1-460/1, Nallakunta, Hyderabad-500 044 2 Smt.L.Pushpa, W/o. L.Arjun Rao, R/o. 2-1-460/1, Nallakunta, Hyderabad-500 044 3 P.Sujatha Ramji, W/o. Ramji, R/o. H.No.3/A/4, Picket, Secunderabad-500 028 4 M.Vijayalakshmi, D/o. M. Lakshman Rao, R/o. 2, A Navodaya Colony, Mehdipatnam, Hyderabad-500 028 5 K.Sruthi, D/o. K.Prasad Rao, H/No. 321/A/9, Road No.25, Jubilee Hills, HYderabad-500 033 6 V.Narayana Rao, S/o. Late Rama Rao, R/o. Sri Sai Nilayam, E-11, IDA, Road No.5, Patencheru, Medak District. 7 The District Revenue Officer, Industrial Employees Co-opertive House, Building Society, Sanga Reddy (Post) Medak District. 8 The Special Court under A.P. Land Grabbing (Prohibition) Act at B.R.K.R. Buildings, Tank bund, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of certiorari or any othr appropriate writ, order or direction quashing the order dated 02.02.2009 in I.A.No.1436/2008 in L.G.C. No.41/2007 passed by the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad in the interest of justice. Counsel for the Petitioner:MR.M.S.SRINIVASA IYENGAR Counsel for the Respondent No.: GP FOR ASSIGNMENT WRIT PETITION NO : 5591 of 2009 Between: K.Prasad Rao, S/o. K.V.Narasimha Rao, R/o. H.No.321 A/9, Road.No.25, Jubilee Hills, Hyderabad-500033 ..... PETITIONER AND 1 Lolakapuri Arjun Rao, S/o. Lingaiah, R/o. 2-1-460/1, Nallakunta, Hyderabad-500 044 2 Smt.L.Pushpa, W/o. L.Arjun Rao, R/o. 2-1-460/1, Nallakunta, Hyderabad-500 044 3 P.Sujatha Ramji, W/o. Ramji, R/o. H.No.3/A/4, Picket, Secunderabad-500 028 4 M.Vijayalakshmi, D/o. M. Lakshman Rao, R/o. 2, A Navodaya Colony, Mehdipatnam, Hyderabad-500 028 5 K.Sruthi, D/o. K.Prasad Rao, H/No. 321/A/9, Road No.25, Jubilee Hills, HYderabad-500 033 6 V.Narayana Rao, S/o. Late Rama Rao, R/o. Sri Sai Nilayam, E-11, IDA, Road No.5, Patencheru, Medak District. 7 The District Revenue Officer, Industrial Employees Co-operative House, Building Society, Sanga Reddy (Post) Medak District. 8 The Special Court under A.P. Land Grabbing (Prohibition) Act at B.R.K.R. Buildings, Tank bund, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of certiorari or any othr appropriate writ, order or direction quashing the order dated 02.02.2009 in I.A.No.1437/2008 in L.G.C. No.41/2007 passed by the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad in the interest of justice. Counsel for the Petitioner: MR.M.S.SRINIVASA IYENGAR Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following: COMMON ORDER: (Per Sri Justice Sanjay Kumar) Petitioners in these four writ petitions are K.Avinash and K.Prasad Rao, brother and father respectively of one K.Sruti, who is the 1st respondent in L.G.C.No.41 of 2007 on the file of the Special Court under A.P.Land Grabbing (Prohibition) Act at Hyderabad. K.Avinash filed two applications being I.A.Nos.1435 and 1434 of 2008 in L.G.C.No.41 of 2007 seeking to be impleaded as a respondent in the L.G.C. and to reopen the L.G.C. respectively, so as to give him an opportunity to participate therein. Similarly, the father, K.Prasad Rao, filed I.A.Nos.1437 and 1436 of 2008 in L.G.C.No.41 of 2007 respectively praying for the same reliefs. These four applications were dismissed by the Special Court by order dated 2.2.2009. Aggrieved thereby, the present writ petitions are filed. It is the case of the petitioners that they are the title holders to the subject property under the gift deeds executed in their favour by K.Sruti, the 1st respondent in the L.G.C who, as stated supra, is no other than the daughter of K.Prasad Rao and sister of K.Avinash. While so, it is stated that applications were filed by their donor herself in I.A.Nos.204 and 205 of 2008 seeking reopening of the L.G.C. by setting aside the order dated 27.7.2007, whereby she was set ex parte. It is stated that the Special Court passed orders on 18.3.2009 accepting the request in the said I.As upon payment of costs of Rs.5000/- and reopened the L.G.C. Sri N.V.Suryanarayana Murthy, learned senior counsel appearing for the petitioners in these writ petitions, submitted that as the petitioners herein were claiming through K.Sruti, who is now given an opportunity to participate in the L.G.C proceedings upon payment of costs, a similar privilege should be extended to his clients also. Sri M.N.Narasimha Reddy, learned counsel appearing for respondents 1 to 4 in the writ petition contended that the applications filed by the petitioners were frivolous and that it is their intention to only procrastinate the proceedings before the Special Court. In view of the fact that the donor of the petitioners herein has been given an opportunity of participating in the proceedings before the Special Court by virtue of the order dated 18.3.2009 in I.A.Nos.204 and 205 in L.G.C.No.41 of 2007, we are inclined to accept the request made by the learned senior counsel appearing for the petitioners. As the petitioners are also claiming title through the 1st respondent in the L.G.C., it is just and proper that they should be brought on record in L.G.C.No.41 of 2007 and be given sufficient opportunity to canvass their case. The writ petitions are accordingly allowed setting aside the orders passed by the Special Court under A.P.Land Grabbing (Prohibition) Act at Hyderabad, in I.A.Nos.1434, 1435, 1436 and 1437 of 2008 in L.G.C.No.41 of 2007. The petitioners herein shall be brought on record as party respondents in L.G.C.No.41 of 2007. The Special Court under A.P.Land Grabbing (Prohibition) Act is directed to reopen the said L.G.C and duly permit the petitioners herein to have an opportunity to put forth their case, subject to the condition that the petitioners pay costs of Rs.5,000/- in each writ petition to respondents 1 to 4 herein within ten days from the date of receipt of a copy of this order. The Special Court under A.P.Land Grabbing (Prohibition) Act at Hyderabad shall dispose of L.G.C.No.41 of 2007 as expeditiously as possible on priority basis. ________________ V.ESWARAIAH, J. _________________ SANJAY KUMAR, J. 27.4.2007 Note: Issue copy within two days B.O. kpr