IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NOs : 10182 and 10334 of 2008 WRIT PETITION NO : 10182 of 2008 Between: 1 Mohd Abbas, S/o. late Abdul Kareem, R/o. H.No.9-44/45/1, Hakeempet, Hyderabad. 2 Shaik Mahboob, S/o. late Abdul Kareem, R/o. H.No.1-8-115/1/20, Kareem Compound, Mechlaguda, Nallagutta, Secunderabad. 3 Mohd Sarwar, S/o. late Abdul Kareem, R/o. H.No.1-8-115/1/20, Kareem Compound, Mechlaguda, Nallagutta, Secunderabad. 4 Mohd Anwar, S/o. late Abdul Kareem, R/o. H.No.8-340, M.K. Compound, Pattigadda, Secunderabad. 5 Mohd Abdul Jabbar, S/o. late Abdul Kareem, R/o. H.No.1-8-115/1/20, Kareem Compound, Mechlaguda, Nallagutta, Secunderabad. 6 Hafeezunnisa Begum, W/o. Abdul Hameed, R/o. Yakutpura, Hyderabad. 7 Masood Hussain, S/o. Mahmood Hussain, R/o. H.No.17-5-239, Dabirpura,Hyderabad. rep by their G.P.A.Mohd Sadiq,S/o. Shaik Mahboob, aged 46, R/o.1-8-115/1/20,Kareem Com.,Mechlaguda,Sec'bad 8 Mujtaba Hussain, S/o. Mahmood Hussain, R/o. H.No.17-5-239, Dabirpura,Hyderabad. rep by their G.P.A.Mohd Sadiq,S/o. Shaik Mahboob, aged 46, R/o.1-8-115/1/20,Kareem Com.,Mechlaguda,Sec'bad 9 Mustafa Hussain, S/o. Mahmood Hussain, R/o. H.No.17-5-239, Dabirpura,Hyderabad. rep by their G.P.A.Mohd Sadiq,S/o. Shaik Mahboob, aged 46, R/o.1-8-115/1/20,Kareem Com.,Mechlaguda,Sec'bad 10 Mazhar hussain, S/o. Mahmood Hussain, R/o. H.No.17-5-239, Dabirpura,Hyderabad. rep by their G.P.A.Mohd Sadiq,S/o. Shaik Mahboob, aged 46, R/o.1-8-115/1/20,Kareem Com.,Mechlaguda,Sec'bad .. PETITIONERS AND 1 M/s Aravathi Constructions, A Partnership firm having its Office at 61, M.G.Road, Secunderabad, rep by its Managing Partner Chiranjilala Vysas, S/o. Ganpatlal Vyas, aged about 70 years, Kareem Compound, Mechlaguda , Nallagutta Road, Secunderabad. 2 Chiranjilal Vyas, S/o.Ganpatlal Vyas, R/o. 1-8-115/2, Kareem compound, Mechlaguda , Nallagutta Road, Secunderabad. 3 Bhavana Vyas W/o. Niranjanlal Vyas, R/o. 1-8-115/2, Kareem compound, Mechlaguda , Nallagutta Road, Secunderabad. 4 Bharati Vyas, W/o. Baiju Vyas, R/o. 1-8-115/2, Kareem compound, Mechlaguda , Nallagutta Road, Secunderabad. 5 Suresh Vyas, S/o. Chiranjilal Vyas, R/o. 1-8-115/1, Kareem compound, Mechlaguda , Nallagutta Road, Secunderabad. 6 Uma Vyas, W/o. Chiranjilal Vyas, R/o. 1-8-115/2, Kareem compound, Mechlaguda , Nallagutta Road, Secunderabad. 7 Mohanlal, S/o. Gulabchand, R/o. Raghava apartments, Road No.1, West Marredpally , Secunderabad. 8 P.Sriramulu, S/o. Ramdas, R/o. H.No.6-1-168, Shivajinagar, Secunderabad. 9 T.Krishna, S/o. Ramdas, R/o. H.No.9-2-503, Regimental Bazar, Secunderabad. 10 The State of A.P. Rep by its District Collector, Hyderabad District, Nampally, Hyderabad. 11 The Mandal Revenue Officer, Marredpallyl Mandal, Secunderabad. ..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, or Order, direction more particularly one in the nature of Writ of certiorari to call for records in I.A.No. 1074/2007 in LGC No 10 of 2005 on the file of the A.P. Land Grabbing (Prohibition) Act, Hyderabad dated 8-4-2008 and quash the same. Counsel for the Petitioners:MR.M.A.K.MUKHEED Counsel for the Respondents: GP FOR REVENUE & GP FOR ASSIGNMENT. WRIT PETITION NO : 10334 of 2008 Between: 1 Mohd Abbas S/o.late Abdul Kareem R/o. H.No.9-44/45/1, Hakeempet, Hyderabad. 2 Shaik Mahboob S/o.late Abdul Kareem R/o.H.No.1-8-115/1/20, Kareem Compound, Mechlaguda, Nallagutta, Secunderabad. 3 Mohd. Sarwar S/o.late Abdul Kareem R/o.H.No.1-8-115/1/20, Kareem Compound, Mechlaguda, Nallagutta, Secunderabad. 4 Mohd. Anwar S/o.late Abdul Kareem R/o.H.No.8-340, M.K. Compound, Patigadda, Secunderabad. 5 Mohd. Abdul Jabbar S/o.late Abdul Kareem R/o.H.No.1-8-115/1/8, Kareem Compound, Mechlaguda, Nallagutta, Secunderabad. 6 Hafeezunnisa Begum W/o.Abdul Hameed R/o.Yakutpura, Hyderabad. 7 Masood Hussain S/o.Mahmood Hussain R/o.H.No.17-5-239, Dabirpura, Hyderabad. 8 Mujtaba Hussain S/o.Mahmood Hussain R/o.H.No.17-5-239, Dabirpura, Hyderabad. 9 Mustafa Hussain S/o.Mahmood Hussain R/o.H.No.17-5-239, Dabirpura, Hyderabad. 10 Mazhar Hussain S/o.Mahmood Hussain R/o.H.No.17-5-239, Dabirpura, Hyderabad. All Rep. by their G.P.A. Mohd. Sadiq S/o.Shaik Mahboob, aged about 46 years, Occ: Business, R/o. 1-8-115/1/20, Kareem Compound, Mechlaguda, Nallagutta, Sec'bad. ... PETITIONERS AND 1 M/s. Aravati Constructions, A partnership firm having its Office at 61, M.G. Road, Secunderabad. Rep. by Managing Partner Chiranjilal Vyas S/o. Ganpatlal Vyas Aged about 70 years, Kareem Compound, Mechlaguda, Nallagutta Road, Secunderabad. 2 Chiranjilal Vyas S/o.Ganpatlal Vyas R/o.1-8-115/2, Kareem Compound, Mechlaguda, Nallagutta Road, Secunderabad. 3 Bhavana Vyas W/o.Niranjanlal Vyas R/o.1-8-115/2, Kareem Compound, Mechlaguda, Nallagutta Road, Secunderabad. 4 Bharati Vyas W/o.Baiju Vyas R/o.1-8-115/2, Kareem Compound, Mechlaguda, Nallagutta Road, Secunderabad. 5 Suresh Vyas S/o.Chiranjilal Vyas R/o.1-8-115/2, Kareem Compound, Mechlaguda, Nallagutta Road, Secunderabad. 6 Uma Vyas W/o.Chiranjilal Vyas R/o.1-8-115/2, Kareem Compound, Mechlaguda, Nallagutta Road, Secunderabad. 7 Mohanlal S/o.Gulabchand R/o.Raghava apartments, Road No.1, West Marredpally, Secunderabad. 8 P.Sriramulu S/o.Ramdas R/o.H.No.6-1-168, Shivajinagar, Secunderabad. 9 T.Krishna S/o.Ramdas R/o.H.No.9-2-503, Regimental Bazar, Secunderabad. 10 The STate of A.P. rep. by the District Collector, Hyderabad District, Nampally, Hyderabad. 11 The Mandal Revenue Officer, Marredpally Mandal, Secunderabad. ..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, or Order, direction more particularly one in the nature of Writ of Certiorari to call for records in I.A.No.1075/2007 in LGC No.10 of 2005 on the file of the A.P. Land Grabbing (Prohibition) Act, Hyderabad dated 8-4-2008 and quash the same. Counsel for the Petitioner:MR.M.A.K.MUKHEED Counsel for the Respondent Nos.1 to 7: Sri EARNKI PHANI KUMAR Counsel for respondent Nos.10 & 11: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION Nos.10182 and 10334 of 2008. COMMON ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) As both the Writ Petitions are interrelated, they are being disposed of by this common order. 2. Questioning the respective orders, dated 08.04.2008, made in I.A.Nos.1074 of 2007 and 1075 of 2007, in L.G.C. No.10 of 2005, on the file of the A.P. Land Grabbing (Prohibition) Act, Hyderabad, these writ petitions have been filed. 3. The facts, in brief, are that the petitioners herein are the applicants in L.G.C.No.10 of 2005, on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, at Hyderabad, which was filed against the respondents to declare them as land grabbers. When the matter came up for cross-examination of R.W.1, the petitioners failed to cross-examine him, even though they were given number of adjournments, and as such, the cross- examination of the R.W.1 was forfeited by the Special Court. At that stage, the petitioners filed two applications viz., I.A.Nos.1074 of 2007 and 1075 of 2007, seeking to set-aside the order dated, 12.11.2007, and to permit them to cross-examine R.W.1 after recalling him. The Special Court, on considering the material available on record, dismissed both the applications. Hence, the Writ Petitions. 4. It is the contention of the petitioners that the Counsel for the 5th petitioner before the Special Court, could not attend the Court as he was suffering from fever on the day on which the cross-examination of R.W.1 was forfeited; that time was sought by the counsel for the petitioners to obtain certified copies of certain documents from the Sub-Registrar’s office, but the said documents are not available; that the documents on which the counsel for the petitioners wanted to rely upon were in the possession of the respondents and the respondents did not produce them even though they were served with notice; and that in the above circumstances, the petitioners could not cross-examine R.W.1. 5. Now, it is stated that the counsel for the petitioners obtained certified copies of the documents and he is ready to cross-examine R.W.1 as and when directed by this Court, and that the petitioners may be given one more opportunity to cross- examine R.W.1 as the cross-examination is a valuable right of the petitioners. 6. Having regard to the facts and circumstances of the case, as the petitioners are ready to cross-examine R.W.1 and that the certified copies of documents are available, we are of the opinion that one more opportunity may be given to the petitioners to cross-examine R.W.1. However, such opportunity should be afforded only by imposing heavy costs. 7. Accordingly, the Writ Petitions are allowed setting aside the impugned orders and in the circumstances, we impose costs of Rs.5,000/- (Rupees Five Thousand only) in each of the Writ Petitions, payable to Sri E.Phani Kumar, learned Counsel for respondents 1 to 7. On such payment, the Special Court is directed to fix a date so as to enable the petitioners to cross- examine R.W.1 on that date. It is made clear that if the petitioners fail to cross-examine R.W.1 on the day as fixed by the Special Court, it is open to the Special Court to pass appropriate orders. _________________________ GHULAM MOHAMMED, J. Date: 26.06.2008 _________________ C.V.RAMULU, J. GS