THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY WP No.24732 OF 2003 21-1-2008 Bureau of Economics and Statistics Employees Co-op. House Building Society Ltd., Hyderabad …… Petitioner AND Jubilee Hills Education Society & Another ……… Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY WP No.24732 OF 2003 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue writ of mandamus declaring the order dated 26-9-2003 passed in IA No.293 of 2003 in LGC No.179 of 1997 by the Special Court under AP Land Grabbing (Prohibition) Act, Hyderabad, as being illegal, arbitrary and consequently set aside the same. 2. IA No.293 of 2003 was filed under Order XXVI, Rule 9 CPC by the 1st respondent herein to re-entrust the warrant in the above LGC to the Advocate-Commissioner to survey and demarcate the application schedule land basing upon Ex.A-2, A-5, A-7 and B-5 and B-6 and also note down the extent of land grabbed by the respondent-writ petitioner herein. 3. By the impugned order, the Court below allowed the said IA and assailing the same the present writ petition is filed. 4. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. Perused the impugned order passed by the Court below. 5. Learned counsel for the petitioner strenuously contended that in this case an Advocate Commissioner was appointed and submitted his report taking the assistance of Deputy Director of Survey and Land Records, Hyderabad, and, therefore, the Court below ought not to have allowed the present IA seeking for the very same relief. 6. It is on record that the earlier Advocate-Commissioner appointed to demarcate the application schedule land basing upon Ex.A- 2, A-5, A-7 and B-5 and B-6 submitted his report and under those circumstances the question re-entrusting the warrant to the Advocate-Commissioner for the very same purpose does not serve any purpose. 7. In the result, the impugned order dated 26-9-2003 passed in IA No.293 of 2003 in LGC No.179 of 1997 is hereby set aside and the writ petition is allowed. No order as to costs. _____________________ Ghulam Mohammed, J ______________________ B. Seshasayana Reddy, J Dated: 21st January, 2008 Nrg.