IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHT DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 13541 of 2009 Between: Aga Mohammed Ali. S/o. Aga Ali Moosa R/o. H.No. 16-9-690/C/2/A, Old Malakpet, Hyderabad. ..... PETITIONER AND Water Development Employees Co-operative Housing Society Ltd TB- 94-4- 6, Balladi Estate, Tarnaka, Secunderabad, Rep. by its Secretary, Srinivas Kondai, S/o. K. Ramulu, Aged 43 Yrs, R/o. H.NO.12-5-55/1, Samskruti Heaven, Vijayapuri, Tarnaka, Secunderabad. .....RESPONDENT 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 or order or any other appropriate writ more particularly one in the nature of Writ of Certiorari calling for the records pertainig to L.G.C.No.37 of 2006 pending on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad against petitioner as the sole respondent as the same is illegal, arbitrary, without jurisdiction, without the authority of law, void ab-initio and quash the same by passing such order or orders Counsel for the Petitioner:MR.MOHD.SHAFIUDDIN Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR W.P.No.13541 of 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed for a writ of certiorari calling for the records pertaining to L.G.C.No.37 of 2006 pending on the file of the Special Court under A.P.Land Grabbing (Prohibition) Act, Hyderabad, and to declare the same as illegal and arbitrary. 2. Mr.Mohd.Shafiuddin, learned counsel for the petitioner contended that the Special Court having called for a report from the MRO, Malkajgiri Mandal in respect of the petition schedule property, failed to appreciate the fact that in the report dated 21.8.2007 submitted by the MRO, the name of the respondent- petitioner herein was not shown as being in occupation of the petition schedule property or any part thereof. It was also contended that though in the report of the MRO, 20 persons are named to be in possession of part of the petition schedule property, including an area of Ac.1-29 gts in occupation of Andhra Pradesh State Road Transport Corporation (APSRTC), out of the total extent of Ac.9-15gts, the impugned order is passed against the respondent in spite of the categorical averment made in the counter affidavit filed by him that he is not in possession of the petition schedule property nor any part thereof. The learned counsel for the petitioner further contended that the respondent is prolonging the matter by filing petition after petition before the Special Court and if the matter is not adjudicated on merits expeditiously, the petitioner will be put to irreparable loss and injury. 3. Having regard to the submissions made by the learned counsel for the petitioner and having regard to the facts and circumstances of the case, we deem it appropriate to dispose of the writ petition directing the Special Court Under A.P.Land Grabbing (Prohibition) Act, Hyderabad to dispose of the LGC No.37 of 2006 as expeditiously as possible preferably within a period of six months from today. 4. The writ petition is, accordingly, disposed of. No costs. _____________________ GHULAM MOHAMMED,J _____________________ VILAS V. AFZULPURKAR 08-07-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN}