IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 12343 of 2009 Between: 1 Sardar Upendar Singh Bitto S/o.Sardar Badal Singh H.No.8-4-587, Tirumala Nagar, Karimnagar. 2 Peechara Viplav Kumar S/o.late Peechara Papa Rao H.No.3-1-716, Karimnagar. ..... PETITIONERS AND 1 Yenaganti Pochaiah S/o.Rajaiah Veldi Village of Manakomdur Revenue Mandal, Karimnagar District. 2 Karimnagar Municipal Corporation, Karimnagar, represented by Commissioner, O/o. Karimnagar Municipal Corporation, Karimnagar. .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 to issue an order, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the Special Tribunal under the Provisions of A.P. Prohibition of Land Grabbing Act, 1982/Principal District Judge, Karimnagar in not taking cognizance of the application filed by the petitioners under Sec.7 of A.P. Prohibition of Land Grabbing Act, 1982 in SR No.652 of 2008 as bad, arbitrary, illegal apart from the same being in violation of principles of natural justice and Provisions of the Act and to set aside the same consequently directing the Special Tribunal /Principal District Judge, Karimnagar to register the application and be pleased to pass. Counsel for the Petitioner:MR.C.RAMESH SAGAR Counsel for the Respondents: MR.J.KANAKAIAH The Court made the following : O R D E R (Per the Hon’ble Sri Justice Ghulam Mohammed): This writ petition is filed, seeking to declare the inaction on the part of the Special Tribunal under the provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982-cum-Principal District Judge, Karimnagar, in not taking cognizance of the application filed by the petitioners under Section 7 of the A.P. Land Grabbing (Prohibition) Act, 1982 in S.R. No.652 of 2008, as illegal and arbitrary, and consequently to direct the Special Tribunal-cum-Principal District Judge, Karimnagar to register the application of the petitioners. The case of the petitioners, in brief, is that one Late Vadlakonda Veeresham, who was the absolute owner and possessor of Plot No.3 admeasuring 339.50 square yards in Survey No.54, situated at Karimnagar, has offered to sell the said plot to them, and accordingly, he executed an agreement of sale on 18.08.2008. But subsequently, the said Vadlakonda Veeresham had expired, upon which, the legal representatives of the deceased have executed an agreement of sale-cum-general power of attorney under document No.8387 of 2008, dated 10.12.2008 in favour of the petitioners, and delivered possession of the said plot to them. Thereafter, the 1st respondent, who was the owner of Plot No.4 in the same survey number, has forcibly occupied the plot belonging to the petitioners on 20.12.2008. Against the said high-handedness of the 1st respondent, the petitioners have initiated proceedings before the Special Tribunal-cum-Principal District Judge, Karimnagar, by filing an application on 29.12.2008, under the provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. The grievance of the petitioners is that the Tribunal is not taking cognizance of the said application, and the matter is kept pending since 2008. Having regard to the averments made in the affidavit, we deem it appropriate to direct the Special Tribunal-cum-Principal District Judge, Karimnagar, to take appropriate action in the matter, in accordance with law, after examining the averments of the application, and the report submitted by the Tahsildar under Rule 6 of the Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988. The Tribunal shall take appropriate steps in this regard by 19.08.2009, which is stated to be the next date of hearing of the application. The writ petition is, accordingly, disposed of. There shall be no order as to costs. _____________________ GHULAM MOHAMMED,J Dated 20th July, 2009 ___________________________ VILAS V. AFZULPURKAR, J vrn