IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE K.C.BHANU WRIT PETITION No.15631 of 2007 Between: Andhra Bhasha Nilayam Telugu Grandhalayam situated at Grandhalayam Chourastha, Near Bharat Talkies of Karimnagar T Town and District Rep. by the President of Andhra Bhasha Nil Telugu Grandhalayam Society byname Brahma Chaitanya Gurudev son of Venkatesham. age 60 years Occ. Sangh Sevak resident of said Grandhalayam. ..... PETITIONER AND 1 Court of Special Tribunal for Land Grabbing irst cases-cum-District Judge at Karimnagar District Judge. 2 MOhd.Naseeruddin s/o Jamaluddin, 3 Koppula Lakshmi d/o Mallaiah, aged Occupant of a Tin Shed 4 A. Sathaiah s/o Lingaiah, 5 Gunda Shankariah s/p Mallaiah, Occupant of a House 6 Kotta Ramaswamy Yadav s/o Aithu Ramulu, 7 Sandeboina Rajesham s/o late Odelu, 8 Pabba Vishwanadham s/o Venkaiah, 9 Sandeboina Kanakamma w/o Odelu, 10 Gunda Narasamma w/o Shankeriah, 11 Gunda Mallesham s/o SHANKERIAH, 12 Gunda Ramulu s/o Shankeriah, 13 Gunda Anjaiah s/o Shankariah, 14 Rajeshwari d/o Shankeriah, 15 GundA AnuraDHA D/O Shankeriah, under guardianship of G.Narsamma died through her elder brother 10th respondent G.Mallesham s/o Shankeriah, age 41 years, r/o 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 call for record of the Court of Special Tribunal For Land Grabbing Cases-cum-District Judge at Karimnagar, First Addl.Dist.Judge, Karimnagar, F.A.C.III , Additional District Judge, Karimnagar, in C.F.No.4206 of 2006 in U/R I.A/ No. of 2007 in L.G.O.P.NO.240 OF 1989 relating to its order dated 19-6-2007 aND quash the above order of respondent 1 by issuing an appropriate writ order or direction specially one in the nature of certiorari for being arbitrary and violative of Article 14 and 300-A of the Constitution and being opposed to the principles of natural justice, and pass further order or orders as and just necessary in the circumstances of the case. Counsel for the Petitioner:MR.SRIRAM KRISHNA MURTHY Counsel for the Respondent No.: . The Court made the following: Form-NIC-OGS/WP{SPJS} THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15631 of 2007 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) The petitioner is the appellant in LGOP.240/1989 on the file of the III Additional District Judge, Karimnagar. The said LGOP was filed against the respondents herein, alleging that the petitioner is having right, title and ownership over the application schedule property and the respondents have grabbed some portion of the application schedule property. Issues were also framed. At that stage, an application in CF No.4206/2006 in U/R.I.A.No……./2007 in LGOP.240/1989 was filed for the appointment of the panel of Commissioners comprising one knowing masonry work and another having experience in Archaeological field, for the purpose of excavation of the foundation walls of petitioner library and for analysis of physical remains in the interests of justice. It is contended that the respondents 4 to 8 in the said application as land grabbers have constructed their boundary walls beyond those of the already existing walls of petitioner library and foundations of those walls are still traceable a little below the ground level. On appointment of panel of Commissioners, comprising one knowing masonry work and another having field experience in Archaeological Survey of India, the foundation of petitioner library walls can be localized by way of carrying out excavation of the existing foundation walls of petitioner library. The said application has been dismissed by the Court below, holding that the appointment of Commissioners is for the purpose of collection of the evidence to establish the case of the petitioner, for which purpose the Advocate Commissioners cannot be appointed in order to prove the case of any party. Aggrieved by the same, this writ petition has been filed, contending that the Court below, without properly ascertaining the nature and extent of the land grabbed by the respondents, which would deprive the right of the petitioners, dismissed the said application. It is further stated that the appointment of the Advocate Commissioners cannot be said that it amounts to collection of the evidence, but it was filed only with a view to conduct local inspection by the panel of the Advocate Commissioners and to file a report. The tenor of the application filed by the petitioners before the Court below clearly goes to show that the petitioner wanted the panel of Advocate Commissioners to be appointed to dig the foundation walls and gather the evidence and file a report. It is for the petitioner to establish his own case with regard to nature of grabbing of the land of the petitioner and he has to establish its case independently, but cannot take the assistance of the Advocate Commissioners in gathering evidence. The Advocate Commissioners can be appointed only for the purpose of making local inspection and to note down the physical features existing at the location. It is for the petitioner to independently lead the evidence and establish his own case. Therefore, we do not see any infirmities legal or otherwise to interfere with the impugned order. The Writ Petition is, accordingly, dismissed. However, if any local investigation is required for the purpose of noting down the physical features, it is left open for the petitioner to file a fresh application under Or.26 Rule 9 CPC before the Court below for appointment of an Advocate Commissioner. No order as to costs. __________________ V.ESWARAIAH,J ______________________ K.C.BHANU,J Dated: 24.12.2008 Dsr Note: Issue copy in three days B/o Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Court of Special Tribunal for Land Grabbing irst cases-cum-District Judge at Karimnagar District Judge. 2. 2CCs to 3. 2CD copies