CHINNA RAMULU Vs. G T K RANGACHARYULU

JUDGEMENT

(1.) The A.P. State Legislature enacted the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') prescribing special procedure for eviction of land grabbers. Special Court at the he has and Special Tribunal in every District are constituted. The object was to ensure speedy disposal of cases pertaining to land grabbing, so much so, in Section 7-A(7) of the Act, it was directed that every case brought before a Special Tribunal shall be disposed of finally within six months from the date of institution.

(2.) This case demonstrates as to how hopes of the Legislature proved to be unrealistic. Twenty years have elapsed since the respondent filed LG.O.P. No. 940 of 1990 before the Special Tribunal-cum-Chief Judge, City Civil Court, Hyderabad (for short 'the Tribunal) alleging that the petitioners herein grabbed their property admeasuring 418 square meters in Survey No. 129/101 of Shaikpet Revenue Village. By this time, thrice the matter shuttled between Special Tribunal and Special Court and in the fourth round, it is yet to record any progress worth its name.

(3.) The L.G.O.P. was instituted with an allegation that the petitioners have grabbed the vacant land and thereafter, constructed several mulgies and a house thereon. The petitioners opposed the L.G.O.P. by filing a counter-affidavit. After full trial, the Tribunal allowed the L.G.O.P. on 28.06.2002 declaring the petitioners as land grabbers. They filed LGANo.13 of 2002 before the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad (for short the 'Special Court'). The appeal was allowed and the matter was remanded. After remand, the Tribunal dismissed the L.G.O.P. on 19.08.2004. This time, it was the turn of the respondents to file appeal being L.G.A. No. 2 of 2005. The appeal was allowed on 06.11.2006 directing that the Tribunal may call for the report from the Mandal Revenue Officer. At that stage, the petitioners filed I.A. No. 2979 of 2007 in L.G.O.P. No. 940 of 1990 with a prayer to reject the L.G.O.P. on the ground that the report submitted by the Mandal Revenue Officer did not support the case of the respondents. The I.A. was allowed on 10.12.2007. Aggrieved by the same, the respondents filed L.G.A. No. 6 of 2008. The appeal was allowed on 22.12.2008 and the matter was remanded. The petitioners, in turn, filed W.P. No. 1976 of 2009 before this Court. A Division Bench of this Court dismissed the writ petition on 16.02.2009.