IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 24819 of 2008 Between: 1. Smt.Shareefunnisa w/o late Mohammed Saheb @ Kaptain Sab R/o 8-3-463, Yellareddyguda, Hyderabad. 2. Shaik Mahboob s/o late Mohammed Saheb @ Kaptain Sab R/o 8- 3-502, Yellareddyguda, Hyderabad. 3. Mohammed Saber s/o late Mohammed Saheb @ Kaptain Sab R/o 8-3-635, Yellareddyguda, Hyderabad. 4. Mohammed Naseer s/o late Mohammed Saheb @ Kaptain Sab R/ 8-3-463, Yellareddyguda, Hyderabad. 5. Mohammed Qaisar s/o late Mohammed Saheb @ Kaptain Sab R/o 8-3-463, Yellareddyguda, Hyderabad. 6. Mohammed Farooq s/o late Mohammed Saheb @ Kaptain Sab R/o 8-3-498, Yellareddyguda, Hyderabad. 7. Mohammed Kabeer s/o late Mohammed Saheb @ Kaptain Sab R/o 8-3-468, Yellareddyguda, Hyderabad. 8. Smt.Jahangeer Bee S/o S.A.Quddus, R/o Yellareddyguda, Hyderabad. 9. Smt.Bilquees Begum w/o Mohammed Haneef @ Kaptain Sab R/o 8-3-463, Yellareddyguda, Hyderabad. 10. Smt.Azmaath Begum w/o Mohammed Ikram Ali R/o H.No.33, Bharatnagar Colony, Hyderabad. 11. Smt.Kubra Begum, w/o Mohammed Hussain r/o 8-3-463, Yellareddyguda, Hyderabad. 12. M/s.Sun Mark Builders rep.by its Managing Partner Madhu Venisheety s/o Rajamouli Venisheety r/o 6-3-661/4/C Rekha Delux Apts., Sangeet Nagar, Somajiguda, Hyderabad. (petitioners 1 to 11 are rep. By its G.P.A. Holder Sri Madhu Venishetty, Managing Partner of M/s.Sunmark Builders) ..... PETITIONERS AND 1 Mohd Ghouse S/o Late Khasim Saheb 8-4-458/4/3/2 Erragadda,Hyderabad 2 C.Srinivasa Rao S/o Rama Rao Flat No.101 Archies Residency Chikkadpally,Hyderabad (Respondent No.2 is proformaparty) .....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 a writ, order or direction one more particularly in the nature of "Writ of Mandamus" declaring the procedure adopted by the Special Court under A.P Land Grabbing (Prohibition) Act 1982 in entertaining by the complaint filed by the respondent in LGC Sr No.3384 of 2007 and applications for injuction in IA No.941/2008 & IA No.942/2008 even without taking cognizance and numbering the L.G.C and in passing interim injuction orders and in not vacating the same even after filing of the counters as illegal unsustainable and contrary to the procedure contemplated by the Land Grabing act and the Rule made there under and set the orders made in IA No.941/2008 & IA No 942/2008 dt 2-9-2008 and dismiss the said I.As and the complaint in LGC Sr No.3384 of 2007. Counsel for the Petitioner: MR.S.NIRANJAN REDDY Counsel for the Respondent No.: . The court made the following order: THE HON’BLE MR JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR JUSTICE G.BHAVANI PRASAD Writ Petition No.24819 of 2008 ORDER:(per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking a Mandamus declaring the procedure adopted by the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982 (for short ‘the Act’) in entertaining the complaint filed by the respondent in L.G.C.(SR).No.3384 of 2007 and I.A.Nos.941 and 942 of 2008, without taking cognizance and numbering the LGC and passing interim orders and not vacating the same even after filing of the counter, as illegal, unsustainable and contrary to the procedure contemplated under the Act and the Rules made thereunder. The respondent herein has filed a complaint in L.G.C. (SR).No.3384 of 2007 before the Special Court under the Act against the petitioners herein with regard to a dispute over the petition schedule property. In the said L.G.C., interlocutory applications are also filed seeking interim injunction. The Special Court by an order, dated 02.09.2008, directed the parties to maintain statsu quo and ordered notice returnable by 15.09.2008. The grievance of the petitioners is that though they have already filed counter affidavit in the matter and though Order XXXIX Rule 3A of Code of Civil Procedure, 1908 mandates for disposal of applications for injunction within thirty days, the Special Court has not passed any orders so far. Heard the learned counsel for the petitioner. As we are not going into the merits of the case, no notice is required to be issued to the respondent. Since the petitioners have already filed their counter affidavit in the interlocutory applications, the Special Court ought to have to disposed of the same within one month, after affording an opportunity of hearing to both sides, as prescribed under Order XXXIX Rule 3A of CPC. Having regard to the facts and circumstances of the case, while exercising the supervisory jurisdiction under Article 227 of the Constitution of India, we deem it appropriate to dispose of the writ petition with a direction to the Special Court to dispose of I.A.Nos.941 and 942 of 2008 in L.G.C.(SR).No.3384 of 2007 expeditiously, preferably within a period of two weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of, at the admission stage. No costs. _________________________ GHULAM MOHAMMED, J ______________________ G.BHAVANI PRASAD, J Dt.13.11.2008 Note: Issue CC in three days. (b/o) VGB