IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL 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 : 6987 of 2008 Between: The State of Andhra Pradesh, Rep. by the Revenue Divisional Officer, Hyderabad. ..... PETITIONER AND M/s. Pro-Agro Seeds Company Limited, Rep. by its Managing Director, S.K. Kapoor, R/o. H.No. 8-1-39, Towli Chowki, Hyderabad. .....RESPONDENT 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, order or direction, more particularly one in the nature of Writ of Certiorari by calling for the records from the Hon'ble Special Court Under the AP Land Grabbing (P) Act, Hyderabad in LGC No. 89 of 1998 and consequently quash the orders passed by the Special Court in LGC No. 89 of 1998, dated 27-01-2004 so far as the decree concerned to land in T.S.No. 12 and 14, Block - M, Ward 13 of Shaikpet Village, Hyderabad, declaring the same as illegal, arbitrary and violative of principles of natural justice holding that the Government is the owner of the schedule property and declare the Respondents herein as land grabbers in respect of the land admeasuring 7896 sq. Mts in T.S. No. 12 and 14, Block-M, Ward No. 13 of Shaikpet Village, Hyderabad and direct the Special Court to grant all the reliefs that were sought in LGC No. 89 of 1998, Counsel for the Petitioner:GP FOR ASSIGNMENT Counsel for the Respondent No.: . The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of certiorari to call for the records from the Special Court Under the AP Land Grabbing (P) Act, Hyderabad, in LGC No. 89 of 1998 and consequently quash the orders dated 27.01.2004 in so far as it relates to the decree in respect of land in T.S. No. 12 and 14, Block -M, Ward 13 of Shaikpet Village, Hyderabad, declaring the same as illegal, arbitrary and violative of principles of natural justice and to hold that the Government is the owner of the schedule property and further declare the Respondents herein as land grabber in respect of the land admeasuring 7896 sq. Mts. in T.S. No. 12 and 14, Block-M, Ward No. 13 of Shaikpet Village, Hyderabad, the Government filed this writ petition. The petitioner herein filed the above L.G.C. before the Special Court under the A.P. Land Grabbing (Prohibition) Act at Hyderabad, praying to declare the respondent herein as a land grabber and to award compensation at Rs.2000/- per month for wrongful possession and enjoyment of the land from June, 1995 onwards and to award profits at the rate of Rs.2000/- per month from June, 1995 and to punish the respondent herein under the provisions of the Act, whereas, it is the case of the respondent that he is a bonafide purchaser for consideration. The Special Court, on scrutiny of the oral evidence of PWs 1 and 2 and Exs. A-1 to A-6 on behalf of the petitioner herein and RWs 1 to 3 and Exs. B-1 to B-25 on behalf of the respondent herein, partly allowed the application directing the respondent company to vacate the land to an extent of 1120 Sq. Mts. in TS No. 15/2 and handover possession thereof to the State – petitioner herein and in the event of it failing to get favourable orders for regularisation of its possession, which is already pending, the Revenue Divisional Officer, Hyderabad was directed to evict the respondent – Company from the application schedule land covered by TS No. 15/2 from the date of regularisation orders of the Government. It further declared the Respondent Company as a bonafide purchaser of the schedule land covered by TS No. 12 and 14 and it is in its possession and enjoyment of the respondent – Company and to that extent, it is not land grabber, as claimed by the State – Petitioner herein. Aggrieved thereby, the present writ petition is filed by the State. Admittedly, the order impugned herein is passed as long back as on 27.01.2004 by the Special Court. There is no plausible explanation for the State to seek condonation of delay of more than four years in assailing the judgment and decree passed by the Special Court. Even otherwise, as can be seen from the judgment impugned herein, the Special Court has exhaustively dealt with the issue and came to the conclusion that the respondent company is a bonafide purchaser for value in respect of the schedule land covered by Sy. No. 12 and 14. Consequently, we do not see any ground to interfere with the judgment and decree impugned in the above writ petition. Hence, the writ petition fail and is accordingly dismissed. NO order as to costs. ____________________ T.MEENA KUMARI, J. ___________________ S.ASHOK KUMAR, J. April 15, 2008 MAS.