IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD THURSDAY, THE TWENTY NINETY DAY OF APRIL TWO THOUSAND AND TEN Present: THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY W.P.No.24154 OF 2007 Between: M/s Turbo Machinery Engineering Industries (Pvt) Ltd., A company incorporated under Act 1 of 1956, having its registered office at Chandanagar, Hyderabad, rep. by its Managing Director, T.Subbarayudu and another … Petitioners And: The Special Court under A.P. Land Grabbing (Prohibition) Act, B.R.K.R Govt. Offices Complex, Tank Bund Road, Hyderabad., rep. by its Registrar, Hyderabad, and others … Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY W.P.No.24154 OF 2007 ORDER: (Per the Hon’ble Sri Justice G.V.Seethapathy) This writ petition is filed seeking a Writ of Mandamus, withdrawing the cases in LGC.No.78 of 2006 and LGC.No.58 of 2007, on the file of the Special Court constituted under the A.P. Land Grabbing (Prohibition) Act, 1982 and LGOP.No.497 of 2002, on the file of the Chairman, Special Tribunal constituted under the A.P. Land Grabbing (Prohibition) Act, 1982-cum-District Judge, Ranga Reddy District at L.B.Nagar and O.S.No.809 of 2006, O.S.No.10 of 2007, O.S.No.124 of 2007 and O.S.No.126 of 2007 on the file of the Junior Civil Judge, Medchal, Ranga Reddy District and allot them to one court in a Special Court constituted under the A.P. Land Grabbing (Prohibition) Act, 1982 or Tribunal or a Civil Court at Hyderabad. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. Perused the records. 3. It is not disputed that several cases were filed against the petitioners herein alleging that they are land grabbers and that they have grabbed the land belonging to various persons, including the respondents 4 to 7 herein for the purpose of construction of industry thereon. It is stated that LGC.No.78 of 2006 filed by the 4th respondent and LGC.No.58 of 2007 filed by the 5th respondent are pending before the Special Court and LGOP.No.497 of 2002 filed by the 6th respondent is pending before the Special Tribunal-cum-District Judge, Ranga Reddy District at L.B.Nagar and O.S.No.809 of 2006, O.S.No.10 of 2007, O.S.No.124 of 2007 and O.S.No.126 of 2007 filed by the 7th respondent are pending before the Junior Civil Judge, Medchal, Ranga Reddy District. The petitioners seek a Writ of Mandamus for a direction to withdraw the said cases pending before the different Courts and transfer the same to one single court on the ground that the issue involved is the same in all the matters. 4. Respondent Nos.4 and 7 filed counters opposing the petition. 5. It is to be noted that different cases pending before different Courts were instituted by different persons in respect of various extents of land unconnected with each other. The petitioners herein, of course, are the respondents/defendants in all the matters. That, however, does not justify withdrawal of the matters pending before different courts and tribunal and transfer the same to one court, as the pleadings of the parties, issues arising thereon and cause of action shown therein and the evidence, oral and documentary, to be adduced in respect thereof, would be distinct and separate. The relief prayed for by the petitioners herein is misconceived and cannot be granted, especially in exercise of jurisdiction under Article 226 of the Constitution of India. 6. In the result, the writ petition is dismissed. There shall be no order as to costs. _________________ A.GOPAL REDDY, J ______________________ G.V.SEETHAPATHY, J 29th April, 2010 Lrkm