IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 15391 of 2008 Between: State of A.P., rep. by the its Principal Secretary, Revenue Department, Secretariat, Saifabad, Hyderabad. ..... PETITIONER AND 1 Nori Savithri W/o. Late Lakshmi KanthaSastry R/o. 88, Valpuri, Secunderabad. 2 M.soma Sekhar Rao SD/o. M.Veeraprakash Rao 3 M.channa Reddy S/o. Narasimha Reddy 4 Zia-Ul-Hasan S/o. MA Hussaian 5 N.Rama Swamy S/o. Naidu 6 B.Seshagiri Rao S/o. B.Yashwant Rao ( Respondents 2 to 6 are R/o. H.No. 6-3-1104, Rajbhavan Road Hyderabad.) 7 G.Mitra S/o. Venkaiah R/o. H.No. 3-5-898, Himayathnagar, Hyderabad 8 P.Kumar S/o. Dayanand R/o. Tellapur Village, Ramachandrapuram Mandal, Medak District. 9 P.Janardhan Reddy S/o. P.Madhusudhan Reddy R/o. 7-1-22/6, Begumpet, Hyderabad. 10 Sagar Co-operative House Building Society Ltd., Rep. by its President B.Ramachandra Rao R/o. 5-4-10, J.N.Road, Hyderabad 11 M.Srinivasa Murthy S/o. Naini rep. by GPA Mitra, S/o. Venkaiah R/o. 3-5-898, Himayathnagar, Hyderabad. 12 The Municipal Corporation of Hyderabad, rep. by its Commissioner and Special Officer, Tankbund, Hyderabad. .....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 Writ, order or direction, more particularly one in the nature of Writ of Certiorari by calling for the records from the Hon'ble Special Court under the A.P. Land Grabbing (P) Act, Hyderabad in I..A.No. 299 of 2007 in LGC No.129 of 1999 and consequently set-aside/ quash the orders passed by the Special Court in I.A.No. 299 of 2007 in LGC No.129 of 1999, dated:18-06-2008 declaring the same as illegal, arbitrary an violative of principles of natural justice. Counsel for the Petitioner : GP FOR ASSIGNMENT Counsel for the Respondents: R.RAMACHANDRA REDDY, SC FOR MCH 1,2,4&6 The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.15391 of 2008 ORDER: (Per Hon’ble Mr. Justice Ghulam Mohammed) This writ petition is ﬁled seeking Certiorari to call for the records relating to order made in I.A.No.299 of 2007 in L.G.C.No.129 of 1999 dated 18.6.2008 on the ﬁle of the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad and set aside the same. First respondent herein ﬁled L.G.C.No.129 of 1999 seeking to declare the respondents therein as land grabbers. The Special Court, after considering the matter, by judgment and decree dated 17.10.2006 allowed the L.G.C. declaring the respondents 1 to 8, 10 and 11 as land grabbers and directed to evict the application schedule property within a period of two months from the date of order, else the Revenue Divisional Oﬃcer concerned shall evict them from the application schedule land and hand over vacant possession of the same to the applicant within a period of two months after expiry of the period fixed above. Since the said order was not complied with even after expiry of the stipulated period, ﬁrst respondent-applicant ﬁled the present I.A.No.299 of 2007 under Rule 15(2) of A.P. Land Grabbing (Prohibition) Rules, 1988 seeking to implement the orders passed in L.G.C.No.129 of 1999 dated 17.10.2006 stating that one year 10 months period has been elapsed, she is not in a position to enjoy the fruits of the judgment and decree dated 17.10.2006. According to the Government, land in question is a Government land and questioning the order dated 17.10.2006, it has ﬁled W.P.No.16561 of 2007 before this Court and this Court admitted the said writ petition. The learned Government Pleader also submitted with regard to subject matter, a Special Leave Petition was ﬁled before the Supreme Court bearing S.L.P.No.6717 of 2006 against the order made in W.A.No.860 of 1989, and the same is pending. The Special Court, after hearing both sides and after considering the matter, by impugned order dated 18.6.2008 allowed I.A.No.299 of 2007 in L.G.C.No.129 of 1999 directing the Revenue Divisional Oﬃcer, Secunderabad to implement the order passed in L.G.C.No.129 of 1999 dated 17.10.2006. Aggrieved by the same, Government ﬁled the present writ petition. The learned Government Pleader appearing for petitioner strenuously contended that questioning the order passed in L.G.C.No.129 of 1999 dated 17.10.2006, Government ﬁled W.P.No.16561 of 2007 and the same is pending before this Court. If the order of the Special Court dated 17.10.2006 is implemented, no cause survives in the writ petition and it will become infructuous. On the other hand, the learned counsel appearing for respondent No.12-MCH strenuously contended that the property was transferred in favour of MCH and questioning the order dated 17.10.2006, writ petition was ﬁled and the same was admitted, but no stay was granted, as such, it should be deemed that the said application was ﬁled only to circumvent the orders passed in L.G.C.No.129 of 1999. Having heard both sides and perusing the impugned order and other material made available on record, we are of the considered opinion that since there was no stay granted in W.P.No.16561 of 2007, the Special Court rightly allowed the application seeking to implement the order made in L.G.C.No.129 of 1999. The writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. However, it is always open for the petitioner to seek orders in the pending writ petition. No order as to costs. ____________________ GHULAM MOHAMMED, J _____________ C.V.RAMULU, J Date: 17.7.2008 DA THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.15391 of 2008 (Order of the Bench delivered by Hon’ble Mr.Justice Ghulam Mohammed) 17.7.2008