THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.14288 OF 2009 Dt.10.8.2009 M/s.Sri Sambhavi Properties Ltd., … Petitioner And The Special Court constituted under the A.P.Land Grabbing (Prohibition) Act, Hyderabad And another. …Respondents ORDER: (Per Sri Justice Vilas v. Afzulpurkar) This writ petition is filed by the respondent in L.G.C.No.36 of 2008. The grievance of the petitioner is that the Special Court under the A.P.Land Grabbing (Prohibition) Act, 1982, Hyderabad, vide the impugned order, dated 1.7.2009, in the aforesaid L.G.C., did not appoint the Assistant Director, Survey and Land Records, as Commissioner to survey and demarcate the features of the land which is the subject matter of the L.G.C filed by the applicant-respondent herein. The subject matter of the land grabbing case, which is filed by the respondent herein, is an extent of Ac.0.39 guntas of land in Sy.No.1259 of Nandigama Village, Kothur Mandal, Mahaboobnagar District. According to the respondent (applicant in L.G.C) the said land is grabbed by the petitioner herein and as such she filed the aforesaid land grabbing case. The Special Court after obtaining the report under Rule 6 of A.P.L.G. (P) Rules, 1988 from the Mandal Revenue Officer concerned by a reasoned order dated 8.9.2008 registered the L.G.C. It is represented that the evidence of the respondent herein was completed on 22.1.2009 and the L.G.C is now coming up for the evidence on behalf of the petitioner herein. At that stage, the petitioner moved applications in I.A.Nos.158, 159 and 242 of 2009 seeking to reopen the Land Grabbing Case, to recall P.W.1 and to appoint the Assistant Surveyor of Survey and Settlement Department as Commissioner to survey and demarcate the respective land claimed by the petitioner and respondent herein. Since the said applications were pending without any orders, the petitioner moved this Court under Article 227 of the Constitution of India by way of filing C.R.P.Nos.1856, 1862 and 1871 and 2009 and the said C.R.Ps were disposed of at the admission stage, on 29.4.2009 directing the Special Court to dispose of the aforesaid I.As., as expeditiously as possible in accordance with law preferably within a period of six weeks. Thereafter, the present impugned order is passed by the Special Court. In para 3 of the impugned order, the Special Court observed that normally the Survey Officer will be appointed for the purpose of demarcation after the evidence on both sides is completed if the Special Court feels that the said evidence is not sufficient to locate the application schedule property which is the subject matter of the L.G.C. The Special Court having further observed that appropriate orders in the above petition will be passed after the evidence of applicant as well as the respondent therein is completed, but disposed of the petition and further directed the I.A to be called on the Bench along with the L.G.C. Aggrieved thereby, the present writ petition is filed. We have heard the learned counsel for the petitioner and the learned counsel for the contesting respondent. A detailed counter affidavit is filed by the contesting respondent bringing out several aspects on merits of the matter. However, keeping in view the short question involved in the matter as to the appointment of Commissioner and keeping in view the fact that the said aspects touch the very merits of the case pending before the Special Court, we are not inclined to make any observations in this regard. Learned counsel for the petitioner submits that the report of the commissioner would render great assistance in adjudicating the issue involved in the L.G.C Learned counsel for the respondent submits that the very sub- division of the said survey numbers is unauthorized and consequently he contends that the documents filed by him in support of his case which are also marked through P.W.1 ought to be taken into consideration so as to resolve the issue involved. It is to be noted that the respondent herein claims that she is the absolute owner of Ac.0.39 guntas of land in Sy.No.1259, whereas the petitioner herein is defending the said land grabbing case by claiming title of Sy.No.1259/A (in telugu) and 1259/AA (in telugu) admeasuring Ac.4.00 each. The petitioner is also claiming the said L.G.C scheduled land of extent of Ac.0.39 guntas is in Sy.No.1259/E (in telugu) even as per the document filed by the respondent herein before the L.G.C. In view of these rival contentions, the petitioner filed the application in question seeking the Special Court to appoint Assistant Director of Survey and Settlements as Commissioner to survey and demarcate the features of the land in question. In view of the above, the controversy involved, is with regard to the identification and localization of the land in question. If the surveyor is appointed as sought for, no prejudice would be caused to either of the parties and apart from that, it resolves the issue involved more affectively without leading to multifarious proceedings of this nature. Further, when such report is obtained, both parties shall have opportunity to lead evidence, confront the witnesses and thereby assist the Special Court in completely adjudicating upon the issues involved. Since the said aspect can only be resolved more effectively by appointing an official Surveyor from the office of the Director of Survey and Settlement, we feel it a fit case to appoint an official surveyor from the office of the Director of Survey and Settlement. In this view of the matter, the order impugned herein is liable to be set aside. Accordingly, this writ petition is disposed of setting aside the order impugned herein. Consequently, I.A.No.242 of 2009 is allowed as sought for. The Special Court shall pass appropriate consequential orders. It is made clear that the survey shall be completed after giving an opportunity to both the parties and if any of the parties are aggrieved by the report of the survey, they are at liberty to contradict the same by letting appropriate further evidence. __________________ V.ESWARAIAH, J. __________________________ VILAS V. AFZULPURKAR, J. 10.8.2009 kpr