IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST 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 : 16086 of 2008 Between: 1 Chimanlal Singhee S/o.Late G.B.Singhee D.No.21-1-824/1, Tolaram Building Patel Market Rikab Gunj,Hyderabad 2 D.Mangi Devi W/o.M.Devaram Choudary SBH Colony, L.B.Nagar, Ranga Reddy District 3 M.Devaram s/o.Motiramji Choudary SBH Colony, L.B.Nagar, Ranga Reddy District 4 Chunni Devi W/o. Dhanna Ram R/o.Plot No.167, SBH Colony, L.B.Nagar, Ranga Reddy District 5 Heera RAm S/o.Gheesaramki R/o.Plot No.167, BANK colony, Phase-II L.B.Nagar,Ranga Reddy District ..... PETITIONER(S) AND 1 Special Court for Cases under AP Lnad Grabbning (Prohibition) Act, rep.by its Registrar, BRKR Bhavan Hyderabad 2 T.Suresh S/o.T.Anjaiah R/o.3-4-512/147,Barkatpura Hyderabad 3 Akula Laxman Rao S/o.Ite Chennaiah R/o.16-11-409 Moosarambagh, Malakpet, hyderabad 4 Ambati Rajkumar Reddy S/o.A.Venkat Reddy R/o.9-1-19/52, Langer House hyderabad 5 Rudra Vikas S/o.Late R.Prabhakar R/o. 2-3-531/7, D.V.Colony P.G.Road, Secunderabad 6 T.Shyam Kumar S/o.Late T.Anjaiah R/o.3-1-77, Hyderguda village Ranga Reddy District 7 T.Devi W/o.T.Shyam Kumar R/o.3-1-77, Hyderguda, village Ranga Reddy District 8 G.Shekar S/o.late Jagannatham R/o.2-3-531./7, D.V.colony P.G.Road, Secunderabad 9 Ram Manohar Jawar S/o.Shankarlal Jawar R/o.14-4-55, Begum Bazar Hyderabad 10 K.Annapurna D./o.Sudarshan reddy R/o.Thirupally village laxmachand Mandal, Adilabad District .....RESPONDENT(S) 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 to issue a writ of Certiorari or any other appropraite writ and quash the order dated 27.6.2008 of the 1st respondent in IA.No.536 of 2008 in LGC.No.53 of 2005 on the ﬁle of the Special court Under AP Land Grabbing (Prohibition ) Act at Hyderabad and grant such other relief as it deems fit in the circumstances of the case Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.16086 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the order dated 27-06-2008 passed in I.A.No.536 of 2008 in L.G.C.No.53 of 2005 on the ﬁle of Special Court under A.P. Land Grabbing (Prohibition) Act at Hyderabad. 2. The unoﬃcial respondents herein ﬁled the above I.A. under Order XVI Rule 1(2) of Code of Civil Procedure seeking to summon the Surveyor so as to record his evidence with reference to the report ﬁled by him in I.A.No.944 of 1994 in L.G.C.No.21 of 1993 as the document has been marked as Ex.B-27 subject to objections by the other side, and the witness was partly examined. The Special Court after considering the rival contentions allowed I.A., against which the present writ petition is filed. 3. Heard learned counsel for petitioners and learned counsel for contesting respondents and perused the record. 4. Learned counsel for petitioners contended that earlier LGC No.21 of 1993 was ﬁled by the vendor of the petitioners against the respondents in LGC No.21 of 1993 and the subject-matter of LGC relates to Survey No.7/C and the LGC was dismissed, without deciding the matter on merits, by holding that an attempt of land-grabbing does not attract the ingredients as contemplated under the said Act. Learned counsel submitted that LGC No.21 of 1993 was not adjudicated on merits, the present LGC relates to Survey No.7/A, the application schedule property is different and the Special Court has not assigned reasons while allowing the I.A. 5. Learned counsel for contesting respondents contended that the report is marked as Ex.B-27 and the property in question is with regard to Survey No.7/A or C, will be decided by the Special Court on considering the evidence on record. 6. We have considered the rival contentions advanced by counsel on either side. The certiﬁed copy of the survey report is marked as Ex.B-27, which is marked subject to objections. When once the document is marked as exhibit, the Special Court in its discretion thought it ﬁt to summon the Surveyor in order to ascertain the identity of the property and whether it is located in Survey No.7/A or 7/C. Having regard to the nature of dispute with regard to the identity of the property and in the facts and circumstances, we are of the considered view that the Special Court has rightly exercised the discretion vested in it. We do not ﬁnd any inﬁrmity in the order passed by the Tribunal and the writ petition is liable to be dismissed. 7. Accordingly, the writ petition is dismissed. However, it is open to the petitioners to raise all the contentions with regard to admissibility, proof and relevancy of Ex.B-27 during the trial of LGC. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 01-09-2008 Bsc