IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 21578 of 2008 Between: State of Andhra Pradesh, Rep. by the Mandal Revenue Officer, Asifnagar Mandal, Hyderabad. ..... PETITIONER AND 1 The Special Court under Land Grabbing (Prohibiton ) Act Boorugula Ramakrishna Building, Hyderabad. 2 P. Sivaiah S/o. P. Mallaiah, H.No. 10-2-299/E/1, Mallepalle , Hyderabad. .....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 Rule Nisi Calling for the entire records leading up to and inclusive of the Judgment made in LGC No. 62 of 1997 on the ﬁle of the Special Court, under the Andhra Pradesh Land Grabbing (Prohibition) Act Hyderabad dt. 1-1-1999 and quash the same as illegal, void and against the Principles of law and allow the application of the petitioner ﬁled in LGC NO. 62 of 1997 in the interest of justice and pass Counsel for the Petitioner: GP FOR ASSIGNMENT Counsel for the Respondents: The Court made the following Order: O R D E R: (per Hon’ble Sri Justice Ghulam Mohammed) Aggrieved by the judgment of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act at Hyderabad, in dismissing the application ﬁled in L.G.C.No.62 of 1997, the State invoked the jurisdiction of this Court alleging that the second respondent is a land grabber in respect of 174 sq.mts of land situated in T.S.No.19/(part), Block ‘R’, Ward No.34 of Mallepally Village, Golconda Mandal, Hyderabad District. The subject matter of dispute is a petty extent of 174 sq. mtrs of site valued at Rs.1,74,000/- situated in T.S.No.19/(part), Block ‘R’, Ward No.34 of Mallepally Village, Golconda Mandal, Hyderabad District, which was classiﬁed as Government Non-Indian State Forces land. Petitioner states that Mallepally, an erstwhile Jagir village, on the abolition of Jagirs under Jagir Abolition Regulation of 1358 Fasli, got merged with the Government in 1948 and a portion of the land in Mallepally Jagir, which was in the possession of Ex-Nizams State forces, was declared as cantonment and by letter dated 21-03-1951, the Chief Secretary, Government of Hyderabad, directed the District Collector to take possession of the erstwhile cantonment land, which was in possession of Ex-Nizam’s State Forces, and, thereafter, possession was taken in 1951 and since then, it is under the control of the Government. Petitioner claims that an extent of 174 sq.mts was grabbed by the second respondent and he had unauthorisedly constructed a pucca residential building. Second respondent claims that he is a bona ﬁde purchaser of said property from one Sri M.Narasimlu, that it was part of Acs.7.00 of land purchased by M.Narasimlu, that he is paying taxes to the Municipality and that his vendor – M.Narasimlu and his mother have been in continuous and peaceful possession since 1958 as rightful owners thereof. On the basis of the aforesaid pleadings, the Special Court framed the following issues: 1. Whether the petition schedule property is Government property? 2. Whether the respondent is a land grabber? 3. To what relief? On behalf of the petitioner-State, PWs.1 and 2 were examined and Exs.A.1 to A.6 were marked and on behalf of the second respondent, RWs.1 and 2 were examined and Exs.B.1 to B.34 were marked. On an elaborate consideration of the material available on record, the Special Court held that the title of the State got extinguished under Section 27 of the Limitation Act as the second respondent has perfected his title to the premises by adverse possession for over the statutory period, that the respondent cannot be treated as land grabber and dismissed the application. Heard the learned Government Pleader for Assignment. It is evident from the record that under Ex.B.34, the English translation of the registration extract of the Urdu Sale deed (Ex.B.33 dated 08-01-1958), the respondent’s vendor purchased the property from the descendants of erstwhile Jagirdar and that the vendee - M.Narasimlu was put in possession of the property on 21-08-1957 itself under an earlier agreement of sale, which was executed and registered on 08-01-1958. It is also evident that under Ex.B.1, registered sale deed dated 05-05-1975, the respondent purchased the premises in question, that he had paid NALA tax amounts under Exs.B.3 to B.5 and B.20, that under Ex.B.6 - letter, dated 07-01-1975, the MCH authorities sanctioned water tap connection and that under Ex.B.8 - letter dated 20-10-1976, the APSEB sanctioned electricity connection and that as seen from Exs.B.9, B.18, B.19 and B.31, the respondent has been paying electricity and water charges to the premises in question. Respondent ﬁled Exs.B.10 to B.17 and B.21 to B.29, house tax receipts, to prove that he has been paying house tax prior to 1980 and for subsequent years also including 1990-91. Since the respondent and his vendor have been in peaceful and uninterrupted possession of the premises in question since August, 1957 as owners thereof for more than the statutory period of thirty years, he has perfected his title to the premises by adverse possession and he cannot be treated as land grabber. The writ petition is also liable to the dismissed on the ground of laches as the State has invoked the jurisdiction of this Court after a lapse of nine years from the date of impugned judgment. Viewed from any angle, the impugned judgment does not necessitate interference. The Writ Petition fails and is, accordingly, dismissed, however, in the circumstances, without costs. _________________________ GHULAM MOHAMMED,J ______________________ G.BHAVANI PRASAD ,J Dt:30-09-2008 usd To 1 The Special Court under Land Grabbing (Prohibition ) Act Boorugula Ramakrishna Building, Hyderabad. 2 P. Sivaiah S/o. P. Mallaiah, H.No. 10-2-299/E/1, Mallepalle , Hyderabad. 3 2CCs to GP for Assignment 2.2CD copies Form-NIC-OGS/WP{VSMI}