IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 10722 of 2008 Between: 1 Mangi Satti Reddy S/o.Ganaga Reddy, Kokapeta(V) Rajendranagar(M) R.R Dist 2 Mangi Lakshma Reddy S/o.Chitta Reddy Kokapeta(V) Rajendranagar(M) R.R Dist 3 T.Ashokamma, W/o.Malla Reddy Kokapeta(V) Rajendranagar(M) R.R Dist 4 M.Krishnaveni W/o.Prabhakar Reddy Kokapeta(V) Rajendranagar(M) R.R Dist ..... PETITIONERS AND 1 The Revenue Divisional Officer Chevella Division,R.R Dist 2 The Tahasildar Rajendranagar(M) R.R Dist 3 Naveen Chandra Manilal Shah, S/o.Manilal Ratanshi Shah R/o.502,Chegoor Appartments Lingampally,Hyd 4 The G.P Rep.by its Secretary Kokapeta,Rajendra Nagar (M) R.R Dist .....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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st and 2nd respondents in attempting to demolish the residential houses of the petitioners’ situated at Kokapeta (V) in compliance of the judgment of the Special Court under Land Grabbing Act passed in LGC No.5 of 2007 Dt.27-06-2007 though an application in I.A No.482 of 2008 is pending for setting aside the exparte orders as illegal, arbitrary and violation of principles of natural justice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR. VALISETTY SRIDHAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.10722 of 2008 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed assailing the action of respondents 1 and 2 herein in attempting to demolish the residential houses of the petitioners situated at Kokapeta Village in compliance of the order dated 27-6-2007 passed in LGC No.5 of 2007 by the Special Court constituted under the Land Grabbing Act, though an application IA No.482 of 2008 is pending on the file of the Special Court filed to set aside the ex-parte order dated 13-3-2007 passed against them. 2. The facts stated are : The applicant-3rd respondent herein filed the said LGC case against the petitioners to declare them as land grabbers, as according to him, they grabbed land to an extent of 1400 Sq. Yards, out of 5320 Sq. Yards situated in Kokapet Village, Rajendra Nagar Mandal, Ranga Reddy District. The applicant stated that he purchased the entire land in question from the original owners one Ahmed Hasan Khan and two others for a sale consideration of Rs.5,000/- through a registered sale deed dated 22-3-1973 and obtained possession of the same. That the petitioners herein, taking advantage of his absence from the land in question, have grabbed the land to an extent of 1400 Sq. Yards illegally and, therefore, he initiated the above proceedings before the Special Court and the Special Court after considering the evidence adduced by him allowed the case. 3. It is on record that the notices issued by the Special Court to the petitioners herein, who are respondents in the said LGC were served and though notices served, the petitioners herein did not enter appearance and, therefore, they were set ex-parte on 13-3-2007. 4. To prove his case, the applicant-3rd respondent herein examined himself as PW-1 and got marked Exs.A-1 to A-6. The Special Court by order 27-6-2007 allowed the said LGC No.5 of 2007 based on the evidence of applicant examined as PW-1 and other documents and accordingly directed the petitioners herein to vacate the land in question and deliver vacant possession of the same to the applicant within a period of two months and, in default to do the same by them, directed the official respondents 1 and 2 herein to evict them and hand over possession of the same to the applicant within a period of two months thereafter and submit compliance report to the Court. Thereafter, the petitioners filed the present IA No.482 of 2008 seeking to set aside the ex- parte order dated 13-3-2007 passed against them and the same is pending. In the meanwhile, according to the petitioners, respondents 1 and 2 are trying to evict them from the land in question. Hence, this writ petition. 5. Heard the learned counsel for the petitioners, the learned Government Pleader for Revenue and the learned standing counsel for 4th respondent-Gram Panchayat. 6. Learned counsel for the petitioners strenuously contended that the petitioners are landless poor persons and in the year 1998 they have occupied small extents of house sites in Sy. No.1 of Kokapeta Village, which is classified as Grama Kantham Land and vests with the Gram Panchayat and constructed residential houses by spending their hard earned savings by taking prior permission from the 4th respondent-Gram Panchayat and their houses were assessed to property tax. Learned counsel further submitted no notices were served on the petitioners, and on coming to know of the order dated 27-6-2007 passed by the Special Court in LGC No.5 of 2007, they filed IA No.482 of 2008 seeking to set aside the ex-parte order passed against them on 13-3-2007 and the same is pending on the file of the Special Court, and in the meanwhile, the official respondents 1 and 2 are trying to evict them and demolish their houses. 7. The petitioners claim that they are in possession of certain extents of land in Sy. No.1 of Kokapeta Village and constructed houses by taking necessary permissions from the 4th respondent. It is also the case of the petitioners that no notices were served on them. 8. In the circumstances, without going into the merits or otherwise of the matter, we are of the opinion that the matter be adjudicated on merits. The Special Court is directed to dispose of IA No.482 of 2008 filed seeking to set aside the ex-parte order, within a period of six weeks from today. Till the IA No.482 of 2008 is disposed of, status-quo existing as on today shall be maintained by the parties. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 4th August, 2008 Note: cc in 3 days. (b/o) Nrg. .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}