LAWS(SC)-2008-2-52

V LAXMINARASAMMA Vs. A YADAIAH

Decided On February 12, 2008
V.LAXMINARASAMMA Appellant
V/S
A.YADAIAH (DEAD) Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) When the matter was being heard, learned counsel for the parties submitted that two decisions of this Court, each rendered by two learned Judges expressed contrary views and, therefore, the matter deserves to be referred to a larger Bench.

(3.) The disputes relate to the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (in short the Act). In Konda Lakshmana Bapuji vs. Govt. of A.P. and Ors. (2002) 3 SCC 258, it was observed that all the questions concerning the civil nature of dispute are to be decided by the Special Court set up under the Act and the Civil Court has no jurisdiction. It was specifically mentioned that the questions of ownership, lawful possession can be decided by the Civil Court and mere allegation of land grabbing would suffice. In para 17 it was, inter alia observed as follows :