IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 8017 of 2008 Between: State of Andhra Pradesh, Rep. by Mandal Revenue Officer, Asifnagar Mandal, Hyderabad, District. ..... PETITIONER AND 1 Smt. Fatima Begum W/o M.A. Sattar, R/o 12-2-878/1, Asifnagar, Hyderabad. 2 The Special Court under the Provisions of Land Grabbing (Prohibition) Act. .....RESPONDENT(S) 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 an order, direction or Writ one in the nature of Writ of Certiorari calling the records pertaining to LGC No.90 of 1996 dated 28-02-1997 on the file of the Special Court, Under the Andhra Pradesh land Grabbing (Prohibition) Ac, and quash the same, as illegal, void and against the principles of law and allow the application of the petitioner filed in LGC No. 17 of 1998 in the interest of justice and pass such other or further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:GP FOR ASSIGNMENT Counsel for the Respondent No.: . The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of certiorari to call for the records from the Special Court Under the AP Land Grabbing (P) Act, Hyderabad, in LGC No. 90 of 1996 and consequently quash the orders dated 28.02.1997 declaring the same as illegal, arbitrary and violative of principles of natural justice and to allow the application, the Government filed this writ petition. The petitioner herein filed the above L.G.C. before the Special Court under the A.P. Land Grabbing (Prohibition) Act at Hyderabad, praying to declare the respondents herein as land grabbers and to evict them from the land and deliver vacant possession of the schedule land viz., 203 Sq. Mts. Covered by TS No.8/P and 11/P, Block –D, Ward No.24, correlating to Sy. NO. 28/1 of Asifnagar village, Golconda Mandal to the petitioner and to award compensation of Rs.4,06,000/- for wrongful possession, award profit accrued from the Government land calculated at Rs.4,82,400/- at 12% p.a., whereas, it is the case of the respondents that they are bonafide purchaser for consideration. The Special Court, on scrutiny of the oral evidence of PW 1 and Exs. A-1 to A-6 on behalf of the petitioner herein and RWs 1 and 2 and Exs. B-1 to B-9 on behalf of the respondents herein, dismissed the application holding that the respondent cannot be treated as land grabbers, within the meaning of the Act. Aggrieved thereby, the present writ petition is filed by the State. Admittedly, the order impugned herein is passed as long back as on 28.02.1997 by the Special Court. There is no plausible explanation for the State to seek condonation of delay of more than eleven years in assailing the judgment and decree passed by the Special Court. Even otherwise, as can be seen from the judgment impugned herein, the Special Court has exhaustively dealt with the issue and came to the conclusion that the respondent No.1 had purchased the property house bearing door No.1-12-2-879 under Ex.B-1 sale deed dated 5.3.1968 and had been paying property tax from the year 1964. The Special Court further held that the action initiated under Sec. 7 of the A.P. Land Encroachment Act, 1905, being beyond 30 years, is hit in terms of Sec. 27 of the Limitation Act and consequently dismissed the L.G.C.No. 30 of 1996. Consequently, we do not see any ground to interfere with the judgment and decree impugned in the above writ petition. Hence, the writ petition fail and is accordingly dismissed. NO order as to costs. ____________________ T.MEENA KUMARI, J. ___________________ S.ASHOK KUMAR, J. April 15, 2008 MAS.