V RAJESHWAR RAO Vs. M YADAGIRI REDDY

JUDGEMENT

(1.) The writ petitioner seeks to assail the order, dated 05-08-2005, passed by the learned Special Court under the A.P. Land Grabbing (Prohibition) Act (for brevity, 'the Act') in T.O.P.No.5 of 2004.

(2.) The writ petitioner is the first respondent in T.O.P.No.5 of 2004. The respondents 1 to 6 herein are the petitioners therein. The writ petitioner filed the suit initially in O.S.No.48 of 1990 on the file of the Principal District Munsif, East and North, Ranga Reddy, seeking the relief of perpetual injunction. That suit, for want of necessary pecuniary jurisdiction, was directed to be returned. The petitioner seems to have represented the suit in O.S.No.218 of 2000 on the file of the I Additional District Judge, Ranga Reddy, where it was pending adjudication. Earlier, the fourth respondent herein filed L.G.C.No.2 of 1994 on the file of the Special Court, wherein the writ petitioner though initially was not arrayed as respondent, had subsequently been impleaded as a party thereto. It appears, some other matters are also pending before the Special Court filed either by the State or by the Osmania University. The subject matter of those proceedings seems to be the land covered by Sy.No.10/2 of Habsiguda village.

(3.) On the premise that comprehensive proceedings encompassing the rights of various parties concerned with the land covered by Sy.No.10/2 of Habsiguda village are pending before the Special Court, and a Commissioner was appointed so as to survey lands in dispute, who submitted his report and to avoid conflicting findings by various fora, where the matters pending for adjudication, the respondents 1 to 6 herein filed T.O.P.No.5 of 2004 before the Special Court under Section 8 (8) of the Act seeking transfer of the suit, O.S.No.218 of 2000, from the file of the I Additional District Judge, Ranga Reddy, to the file of the Special Court. Under the impugned order, the learned Special Court allowed that application directing the transfer of the suit. As aforesaid, that is now being assailed before us in the writ petition.