THE HON'BLE SRI JUSTICE T.CH.SURYA RAO AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.18893 OF 2006 ORDER: (Per TCSR,J) Heard the learned counsel appearing for the writ petitioners and pursued the impugned order now being sought to be assailed in the instant writ petition. On an interlocutory application filed in I.A. No.965 of 2005 by the applicants in L.G.C. No.64 of 2002, under the impugned order the Assistant Director, Survey and Land Records, Ranga Reddy District, has been appointed as a Commissioner to measure the schedule land and disputed land as per the sale deeds and fix the boundaries. In the application filed seeking appointment of Commissioner, inter alia it was stated that in the sale deed under which the applicants/respondents herein purchased the lands it has been averred that the vendors sold an extent of Acs.5.00 of land to Sri Y.G.Krishnamurthy and to resolve the dispute the Deputy Director / Assistant Director, Survey and Land Records shall be appointed as a Commissioner to localize the land purchased by Sri Y.G.Krishnamurthy. The dispute seems to be that one Mohan Lal and P.Venkata Reddy are the original owners of the land in an extent of Acs.26.00. Out of the said land, a bit of Acs.6.19 cents is now being claimed to have been purchased by the respondents / writ petitioners. The said Mohan Lal and P.Venkata Reddy also stated to have sold another bit of land measuring Acs.5.00 to one Sri Y.G.Krishnamurthy. The applicants’ vendors by name Sri P.S.Rayudu and 17 others claimed to have purchased the land from the said Y.G.Krishnamurthy out of the said Acs.5.00 of land purchased by him. The applicants filed L.G.C. No.64 of 2002 against the respondents on the premise that they grabbed the lands. From these facts, which have been enumerated before us, we see no dispute as regards the identity of the land. If any fact which is required to be elucidated it warrants an appointment of a Commissioner for that purpose. Without mentioning that there has been some dispute as regards that fact, which requires further elucidation, no application can be maintained for appointment of a Commissioner. Since it has been averred in the application inter alia that inasmuch as in the sale deed under which the writ petitioners purchased the land it has been mentioned that Sri Y.G.Krishnamurthy also purchased the land in an extent of Acs.5.00 from Mohan Lal and P.Venkata Reddy, that land was to be localized; by localizing the land said to have been purchased by Sri Y.G.Krishnamurthy, as to how the fact in dispute would be elucidated has not been clearly stated in the application filed seeking appointment of a Commissioner. Nor such a reasoning is discernible from the impugned order. The impugned order reads that to arrive at a just conclusion, the land requires to be measured. It appears that the learned Special Court has not addressed itself to the actual dispute in between the parties inter se viz. whether both the parties are fighting in respect of the same land; or whether the land said to have been purchased by each of the parties is distinct and separate; or whether they really want the land covered by the respective sale deeds are to be localized. Without specifying these things in the warrant, even the Commissioner cannot be in a position to execute the warrant effectively. We, therefore, see that the order suffers from the vagueness. At any rate, there is conspicuous absence in the order about the fact which requires to be elucidated which warrants the appointment of a Commissioner. For the above reasons, the Writ Petition is allowed at the threshold and the impugned order is hereby set aside. However, this will not preclude the applicants / respondents herein, if they are so advised, from filing a fresh application bringing forth the better particulars. No order as to costs. ___________________ (T.CH.SURYA RAO,J) __________________ (G.CHANDRAIAH,J) Dated 27---11---2006. VGSR THE HON'BLE SRI JUSTICE T.CH.SURYA RAO AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.18893 OF 2006 (Per TCSR,J) DATED 27—11—2006 Mahaveer Prasad Mukesh Kumar A Partnership Firm having its office At Shop NO.88, Sri Durga Market, Mahaboob Mansion, Malakpet, Hyderabad, represented by its Managing Partner, Sri Vijaya Kumar, S/o Mahabeer Pershad, Aged about 54 years. Occ: Business. And Others … Petitioners v. The Special Court under the A.P. Land Grabbing (Prohibition) Act, B.R.K.R. Bhavan, Tank Bund, Hydeabad. And Others … Respondents