IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6109 of 2008 Between: M. Yadaiah, S/o. Late M. Muthaiah, R/o. 18-2-216, Jangammet, Falaknuma, Hyderabad. ..... PETITIONER AND 1 The Special Court Under A.P. Land Grabbing (Prohibitin) ACt, II Floor, BRKR Government, Offices Complex, Tank Bund Road, Hyderabad, Rep. by its Member. 2 E. Sowbhagyavathi, W/o. late E. Ramchandra Rao, AR/o.H.No. 10-5-689, Tukaram Gate, Near Subash Chandra Bose Statue, Secunderabad. .....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 Writ or Order or direction more particularly one in the nature of Writ of Certiorari, to call for the records relating to the impugned order dt. 15-2-2008 passed in I.A.No. 139 of 2008 in L.G.C.No. 66 of 2006 on the file of the Special court Under A.P. Land Grabbing (Prohibition) Act, Hyderabad, and to quash the same as illegal and arbitrary and to grant such other relief or reliefs Counsel for the Petitioner:MR.VOOSA.RAGHU Counsel for the Respondent : G.P. for Land Grabbing The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6109 of 2008 ORDER : (Per Hon’ble Smt. Justice T. Meena Kumari) The petitioner filed the present writ petition seeking for a writ of Certiorari to call for the records relating to the impugned order dated 15.2.2008 made in I.A. No. 139 of 2008 in L.G.C. No.66 of 2006 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad and to quash the same. The facts in brief are that the second respondent herein filed L.G.C. No. 66 of 2006 before the learned Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad seeking to declare the petitioner herein as land grabber. Petitioner alleges that when the L.G.C. was posted on 22.1.2008 for recording evidence on the side of the petitioner, petitioner’s counsel represented before the Special Court stating that the certified copies of the judgment passed in O.S. No. 725 of 1979, which is a suit filed by the father of the 2nd respondent with regard to the subject matter of the property, on the file of the IV Assistant Judge, City Civil Court, Hyderabad were not ready. However, the Special Court without considering the said representation, closed the evidence on the side of the petitioner and posted the L.G.C. for arguments. Aggrieved, he filed I.A. No. 139 of 2008 before the Special Court under Section 151 of C.P.C. seeking to reopen the evidence. The learned Special Court by the order impugned in this writ petition, dismissed the said I.A. Hence, the present writ petition. Heard the learned counsel for the parties and perused the impugned order. When the petitioner failed to appear before the Special Court on 16.11.2007 and 30.11.2007 for cross-examining P.W.1, the learned Special Court adjourned the matter to 17.12.2007 on payment of costs of Rs. 200/-. However, when the petitioner failed to pay the costs, petitioner’s right to cross-examine was forfeited and the evidence on the side of the respondent was closed and the matter was posted to 17.12.2007 for recording the evidence on the side of the petitioner. Even on the said date, neither the petitioner was present nor any affidavit was filed. Hence, the matter was adjourned to 3.1.2008 and on the said date also, petitioner failed to file his affidavit and hence as a last chance, the matter was adjourned to 22.1.2008. However, on 22.1.2008 also, the petitioner did not file his affidavit. The Special Court having found that the petitioner has been dragging on the matter on one pretext or the other, had closed the evidence on the side of the petitioner and posted the L.G.C. for arguments to 7.2.2008. At that stage, the petitioner filed the present I.A. seeking to set aside the order dated 22.1.2008 and to reopen the evidence. Admittedly, the L.G.C. is of the year 2006 and the petitioner filed the present I.A. nearly after a period of two years after the filing of the L.G.C., especially, when the same was posted for arguments. The Special Court on a perusal of the docket order dated 22.1.2008 found that the petitioner has been prolonging the matter on one pretext or the other in spite of granting sufficient time. Hence, it declined to reopen the evidence and accordingly dismissed the I.A. In the circumstances, we do not find any illegality or irregularity in the impugned order of the Special Court warranting interference. The writ petition fails and the same is accordingly dismissed. No costs. __________________ T.MEENA KUMARI, J. Date: 24th March, 2008 __________________ S. ASHOK KUMAR, J pnb To 1 The Special Court Under A.P. Land Grabbing (Prohibitin) ACt, II Floor, BRKR Government, Offices Complex, Tank Bund Road, Hyderabad, Rep. by its Member. 2. Two C.Cs. to the Government Pleader for Land Grabbing, High Court of A.P., Hyderabad. 3. Two C.D. copies