THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE G.KRISHNA MOHAN REDDY W.P.No.22425 of 2004 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner questions the order of the Special Court under A.P.Land Grabbing (Prohibition) Act, Hyderabad (for short “the Special Court”), dated 08-03-2004, passed in L.G.C.No.20 of 2000, in holding that the petitioner herein along with three others are land grabbers of the petition schedule property to an extent of 253 sq. mtrs. in T.S.No.25/2, Block-D, Ward No.21 of Gudimalkapur village, Asifnagar Mandal, Hyderabad. It is the case of the 2nd respondent-applicant that the said L.G.C. schedule property, which is classified as nala, belongs to the Government and that the respondents in the L.G.C. grabbed the land to an extent of 253 sq. mtrs. Insofar as the petitioner herein is concerned, he is said to have grabbed the land to an extent of 67.90 sq. mtrs. in Sy.No.25/2 (part). The petitioner herein as well as the 3rd respondent in the L.G.C. filed counter before the Special Court denying the allegations made by the applicant. Basing on the material available on record, the following issues were framed by the Special Court:- 1) Whether the applicant has title to the application schedule property? 2) Whether the rival title set up by the respondents is true, valid and binding? 3) Whether the respondents are land grabbers within the meaning of Act XII of 1982? 4) In case of success, whether the applicant is entitled to the compensation and profits as claimed in the application? 5) To what relief? On behalf of the applicant, the applicant got examined herself as PW.1 and Mandal Surveyor was examined as PW.2 and Exs.A-1 to A-3 were marked. On behalf of the respondents therein, no oral or documentary evidence was adduced. The Special Court, after considering the material on record, vide order, dated 08-03-2004, allowed the said L.G.C. holding that the applicant-State is the owner of the application schedule property and the respondents therein are the land grabbers of the property and accordingly, directed them to deliver the vacant possession. Aggrieved thereby, the present writ petition is filed by the petitioner alone. Learned counsel appearing for the petitioner submits that pursuant to the order of the Special Court, the land in question was taken into possession by the Government much before granting an order of status- quo by this Court on 27-12-2004 and the land was already utilized for inner ring road. He further submits that absolutely the petitioner has no objection for taking away the land in question, but he states that the petitioner is a bonafide purchaser of the land in question and in fact the suit in O.S.No.2086 of 1997 filed by the petitioner as well as eight others was decreed holding that the plaintiffs therein including the petitioner were the owners of the land to an extent of 378 sq. mtrs. in T.S.No.25/1 and 25/2. Thus, it is pleaded that as the petitioner is a bonafide purchaser and it carries a stigma against him, he cannot be declared as land grabber. He further submits that issue No.3 framed by the Special Court i.e., ‘whether the respondents are land grabbers within the meaning of Act XII of 1982’, was erroneously decided holding that the respondents therein/petitioner herein and three others are the land grabbers of the property though the Government has not established the ingredients of Section 2(d) and 2(e) of the A.P.Land Grabbing (Prohibition) Act, 1982 (for short “the Act”). Further, there are specific allegation that the petitioner grabbed the land in question without any lawful entitlement. We have perused the application filed under Form No.1 and the concise statement. In the application, it is stated that the respondents in the L.G.C. encroached upon the Government land to an extent of 253 sq. mtrs. in T.S.No.25/2, ward No.21 of Gudimalkapur village, Asifnagar Mandal, R.R.District and made unauthorized constructions thereon. In the concise statement, it is stated that after issuing notification as required under the provisions of the Survey and Boundaries Act, 1925, the land was surveyed and demarcated specifying the said land as a Government land, which was also published in the Hyderabad District Gazette No.60, dated 25-09-1976 and the entries recorded in the Town Survey have become final and conclusive. In the concise statement, it is also stated that the respondents in the L.G.C. have grabbed the land in question and raised certain structures thereon in the year 1998. Though the said contents made in the application in Form-I and concise statement were disputed and set up a rival title, the petitioner failed to adduce any evidence to establish that the applicant is not the owner of the land in question. No doubt, the L.G.C. was filed in the year 2000 and it was decided on 08-03-2004. Though the petitioner and others filed the suit i.e., O.S.No.2086 of 1997 on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, claiming that he and others were the owners of the land to an extent of 378 sq. mtrs., in T.S.No.25/1 and 25/2 and obtained decree in their favour, the petitioner has failed to adduce any evidence that the land in question does not belong to the applicant and he is the owner of the property. Therefore, it cannot be said that the petitioner has a lawful right in respect of 67.90 sq. mtrs, which is said to have been encroached by the petitioner. As a matter of fact, the applicant has established its title over the land in question and also the ingredients of Section 2(d) and 2(e) of the Act. So, it is proved that the petitioner and three others encroached the land in question without any lawful entitlement and raised structures thereon and as such, the Special Court rightly declared the petitioner and other three others as land grabbers. Therefore, we do not see any merits in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ____________________________ G.KRISHNA MOHAN REDDY, J Date : 05-09-2011 Prv