HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.22526 of 2007 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed questioning the notice No.B/1965/2007 dated 22-8-2007 issued under Rule 15(2) of Andhra Pradesh Land Grabbing (Prohibition) Rules, 1998 purported to have been issued pursuant to the order dated 04-9-1995 passed in L.G.C.No.137 of 1989. The petitioner further seeks direction to official respondents not to disturb the possession in respect of Ac.2-00 in Sy.No.45 in Yousufguda village, Khairatabad Mandal, Hyderabad district. The details necessary for deciding the writ petition is that the Revenue Divisional Officer, Secunderabad Division, issued notice in Form-V under Rule 15(2) of the said Rules directing Smt. S.Sandhya, Deputy Tahsildar, Khairatabad Mandal, to take over possession of the land grabbed by one P.S.Rama Swamy and 35 others and handover the same to Mohammed Sadatullah and three others. The notice was issued pursuant to the decision rendered by the Special Court in L.G.C.No.137 of 1989. The claim of the petitioner is that his father was granted patta in respect of Ac.5-00 of land. He also filed O.S.No.70 of 1989 seeking perpetual injunction n respect of 366 square yards in Sy.No.45 and the suit was dismissed for default. Learned counsel for the petitioner contended that there is no identity of the land and decree is not executable and as such, the Revenue Divisional Officer ought not to have issued notice. He further contended that there is no finding that the petitioner is a land-grabber and that he is in possession. On the other hand, learned counsel for the contesting respondent, Sri C.B.Ram Mohan Reddy submitted that the total extent of land is Ac.45-00 and the A.P. Housing Board had acquired the land by issuing notification under Section 4(1) of the Land Acquisition Act. He further contended that the dispute is with regard to Ac.2-00 of land and compensation of Rs.50,094/- was determined, but possession could not be taken due to existence of huts. Learned counsel also brought to our notice that the father of respondents 3 to 5 filed Writ Petition No.4194 of 1988 which was allowed setting aside the award of the Land Acquisition Officer. We have considered the rival submissions and perused the record. The writ petition is filed challenging the notice issued in Form-V under Rule 15(2) of A.P. Land Grabbing (Prohibition) Rules, 1988 by the Revenue Divisional Officer under Rule 15(2) of the said Rules. Admittedly, the notice is issued pursuant to the order in L.G.C.No.137 of 1989 dated 04-9-1995. The said order of the Special Court was challenged by the aggrieved parties by way of writ petitions and ultimately, the matter had been carried to the Supreme Court, which dismissed the appeals filed by the A.P. Housing Board and respondent No.4 and allowed the appeal filed by the landowners setting aside the findings recorded by the Special Court and confirmed by the High Court on the question of adverse possession by granting liberty to the contesting parties to approach the Civil Court and claim title. Thus, the Supreme Court allowed the Civil Appeal filed by the landowners setting aside the finding recorded by the Special Court and granted liberty to the contesting parties to work out the remedies in the competent civil court. It is to be observed that the notice under challenge is a consequence of the series of litigation, which was carried upto the Supreme Court, and upholding of the claim of landowners. In the foregoing circumstances and in the teeth of the observations made by the Supreme Court, there is no illegality in the notice issued by the second respondent. In the result, the writ petition is dismissed. At this stage, learned counsel for the petitioner seeks time to file a suit to establish his rights. Taking into account the findings recorded by the Supreme Court and other circumstances, two weeks’ time is granted to the petitioner to file the suit in respect of 770-56 square yards of land only. ___________________________ GHULAM MOHAMMED, J. _____________________________ B.SESHASAYANA REDDY, J. 25-01-2008 bsc HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.22526 of 2007 25-01-2008 Between: P.Abraham … Petitioner and State of Andhra Pradesh rep. by its Principal Secretary to Government Revenue Department, Secretariat, Saifabad, Hyderabad and others. … Respondents