IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6597 of 2008 Between: 1 P. Muthyam Goud S/o P. Mallaiah 2 P. Sadashiva Goud S/o P. Mallaiah 3 P. Sriramulu Goud S/o P. Mallaiah 4 P. Madhusudhan Goud S/o P. Mallaiah 5 P. Sudhakar Goud S/o P. Mallaiah, 6 P. Anjaiah Goud S/o P. Mallaiah (All are R/o 2-91, Hasmathpet, Balanagar (M) R.R. district. ..... PETITIONERS AND 1 MC Pochaiah S/o Late M. Chattari 25-36/35, Gollaguda, Alwal village, Malkajgiri Mandal, R.R. District,.. 2 Ananthalaxmi 25-36/34, Gollaguda, Alwal village, Malkajgiri Mandal, R.R. District,.. 3 V.P. Nair 25-36/37, Gollaguda, Alwal village, Malkajgiri Mandal, R.R. District,.. 4 Sri Ved. Prakash Jain S/o Late Roshanlal Jain R/o 21, Venkatramnagar colony, Karkhana, Secunderabad. 5 Smt. Ushal Devi Jain, w/o Sri, Ved Prakash Jain R/o 21, Venkatramnagar colony, Karkhana, Secunderabad. 6 Sri N. Sreedhar S/o Sri. N. Mallikarjun Rao R/o Plot No. 44, Parkview, Manovikasnagar, Old Bowenpally, Secunderabad,. 7 The SPecial Court Under A.P. Land Grabbing (Prohibition) Act, BRKR Bhavan at Hyderabad, rep by its Registrar. .....RESPONDENTS 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, order or direction more particularly one in the nature of Writ of Certiorari calling for the records in I.A. No. 1083 of 2007 and I.A. No. 229 of 2008 in I.A. No. 1083 of 2007 in LGC 89 of 2007 dated 14-03-2008 on the file of the 4th respondent Special Court and quash the impugned Order in So far as not granting temporary injunction restraining Respondents 1 to 6 from not making further construction as illegal and arbitrary and consequently grant temporary injunction restraining Respondents 1 to 6 from making further Constructions in the land admeasuring 1200 sq.yds situated in Sy. No. 343 to 345 of Alwal Village, R.R. District and to pass such other order or orders in the interest of justice. Counsel for the Petitioner:MR.SRINIVAS POLAVARAPU Counsel for the Respondents : GP FOR REVENUE & SRI K. MAHIPATHI RAO. The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 6597 of 2008 ORDER: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioner seeking to call for the records in I.A.No:1083 of 2007 and I.A.No:229 of 2008 in I.A.No:1083 of 2007, in L.G.C.No:89 of 2007, dated 14.3.2008 and quash the order in so far as not granting temporary injunction restraining respondents-1 to 6 from not making further construction as illegal and consequently grant temporary injunction restraining respondents 1 to 6 from making further constructions in the land admeasuring 1200 square yards situated in S.No:343 to 345 of Alwal village, R.R. District. The petitioners are the applicants before the special Court. They have filed the L.G.C 89 of 2007 against R1 to R3 along with an application in I.A.1083 of 2007 seeking to grant ad interim injunction. On 21.11.2007, a direction has been given by the special Court to the respondents not to alter the nature of the land making further constructions. Subsequently, the applicants filed another application in I.A.228 of 2008 seeking to implead proposed respondents-4 to 6 in the main L.G.C as respondents 4 to 6 and they have also filed another application in I.A.No:229 of 2008 seeking to grant ad interim injunction restraining the proposed R4 to R6 from making further constructions in the application schedule property. The special Court having observed that documents filed by the respondents show that houses are in existence in or about 500 square yards purchased by R1 and R2 since 1985 and R-4 and R-5 are not impleaded as parties in the first instance and prima facie, remaining land of 500 square yards which is within the compound wall, has been in possession of the vendors of R4 and R5 since 1985 and subsequently R4 and R5 have been in possession since 10.4.2006 and R6 has been in possession since 7.6.2007, while vacating the order, dated 21.11.2007 passed in I.A.1083 of 2007, granted temporary injunction restraining R1 to R3 from alienating in any manner by executing sale deeds, mortgage, lease agreements etc in favour of third parties and also granted interim injunction in favour of the applicants restraining R4 to R6 from alienating the application schedule property. Having aggrieved by the same, the present writ petition is preferred by the applicants. Heard the learned counsel and perused the material available on record as well as the order impugned. Prima face, the special Court had an occasion to observe that R-1 to R3 as well R4 to R6 have been in possession of the land in question since 1985 onwards. At this stage, it is relevant to note that the essential ingredients that are required to grant a temporary injunction under order 39 rule 1 C.P.C, are proof of prima face case, balance of convenience and the irreparable loss. A perusal of the order impugned clearly goes to show that the special Court is perfectly justified in confining its findings within the provisions of order 39 rule 1 C.P.C. Hence, We feel that the order impugned herein does not suffer from any illegality or irregularity. As such, this writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. _________________________ Justice T. Meena Kumari _______________________ Justice S.Ashok Kumar Date: 31st March, 2008 Nn/Gurc. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI. JUSTICE S. ASHOK KUMAR WRIT PETITION NO:6597 of 2008 (Division Bench Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 31.3.2008