KONDA LAKSHMANA BAPUJI Vs. GOVT OF A P

JUDGEMENT

(1.) The petitioner claims to be a freedom fighter. He is also a former Minister of State of Andhra Pradesh. He filed the writ petition seeking a writ of mandamus declaring the action of the respondents in illegally expropriating the area 'B1' which is subject matter of O.S.No.256 of 1978 on the file of the Court of the VI Additional Judge, City Civil Court, Hyderabad, and the area 'B2' which is subject matter of O.P.No.120 of 1987 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982 (hereafter called 'the Special Court') as illegal, unjust, capricious, unconstitutional and violative of principles of natural justice. He also seeks a consequential direction to the respondents to restore the property covered by 'B1' and 'B2' to him and to pay compensation towards damages.

(2.) The case on hand has a chequered history. There has been a long standing litigation between the petitioner and the Government of Andhra Pradesh in respect of the land in Sy.No.9 (part) of Hyderabad village, admeasuring considerable extent of land which the Government claims to be the tank bed land of Hussainsagar lake. The Government initiated proceedings under the A.P. Land Encroachment Act, 1905. The petitioner successfully challenged these proceedings before this Court in W.P.No.1414 of 1977. By an order dated 20-1-1978, this Court quashed the proceedings under the Land Encroachment Act and gave liberty to the government to file appropriate suit claiming title.

(3.) Accordingly, in 1985, a suit for declaration of title and possession being O.S.No.1497 of 1985 on the file of the Court of the IV Additional Judge, City Civil Court, Hyderabad. In the meanwhile, Special Court for trying the land grabbing cases was constituted. The suit O.S.No.1497 of 1985 was transferred to the Special Court as L.G.C.No.61 of 1990. The Special Court, by a judgment and decree dated 16-4-1993 declared the petitioner as land grabber and directed him to deliver possession to the Government which was declared as owner of the land. Feeling aggrieved by the same, the petitioner preferred a writ petition before this Court, which was also dismissed. The petitioner carried the matter to the Supreme Court by way of a Civil Appeal No.2063 of 1999. By a judgment reported as Konda Lakshmana Bapuji v. Govt. of A.P., the Supreme Court dismissed the civil appeal. Thereafter, the respondents took possession of the property which is subject matter of L.G.C.No.61 of 1990 and all the structures thereon were demolished.