STATE OF ANDHRA PRADESH Vs. PRAKASH MOHANDAS SAINANI

JUDGEMENT

(1.) The writ petitioner seeks a writ of certiorari for declaring the Judgment dated 28.06.2002 passed by the learned Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act (hereinafter referred to as 'the Act'), Hyderabad, in L.G.C. No.53 of 1998 as illegal, arbitrary, and violative of principles of natural justice and consequently to set aside the said Judgment. The State is the writ petitioner.

(2.) The sole respondent herein filed the application in L.G.C. No.53 of 1998 against the State for declaration that he was the; owner of the land in dispute and for directing the State to vacate and deliver the vaamt possession of the same." The case of the applicant concisely was that the land in dispute ad measuring 358 square yards covered by plot No.6 is a part of bungalow No.l46/A situate at Prenderghast Road, Secudnerabad, in the layout of the Hyderabad Displaced Persons Co- operative Housing Society Limited (for short, "the Society') was purchased from Sri V.M.Lalavani and others under a registered sale deed dated 24.12.1973. The vendors of the applicant purchased the same from one Smt. Nanki Bai under a registered sale deed dated 19.09.1970. She in lurn purchased the same from the Society under a registered sale deed dated 08.03.1970 which prepared a lay out and divided the said property into various plots after having obtained the necessary .permission from the Municipal Corporation in File No.389/E/l 959-60 dated 23.12.1959 before selling away the said plots to its members. The Society in turn purchased the property in two moieties - one in an extent of 2,400 square yards from Smt.Urmila Rani under a sale deed dated 11.02.1959 and the other in an extent of 10,107 square yards from R.D.Bhupal and Krishna Pratap Rao the sons of R. Jaswantha Rao. The said R.D.Bhupal and Krishna Pratap Rao purchased the land in an extent of 25,000 square yards surrounded by a compound wall forming part of bungalow No.l46/A situate at Sardar Patel Road, Secunderabad, under a registered sale deed dated 02.11.1955 from Smt.Rani Venkata Janakamma the donee under a registered gift deed dated 08.02.1910 from her husband Sri Raja Rajeshwar Rao who purchased the same in a Court auction sale under a sale 1 certificate dated 31.07.1902. Thus, tUie applicant traced his title to the property in dispute.

(3.) While so, the State filed L.G.O.P. No.194 of 1989 on the file of the Special Tribunal-cum-Chief Judge, City Civiil Court, Hyderabad, against one Madhav Das in respect of the plot covered by Plat No.6 in the lay out of the Society. The said Madhav Das although denied the tittle of the State qua the said plot stated in his counter inter alia that he was neither the owner nor the possessor nor occupier of the said land. Eventually, L.G.O.P. No.194 of 1989 was allowed against the said Madhav Das. He, however, filed am appeal before the Special Court under the Act in L.G.A. No.27 of 1997. At that stage, the applicant who was not a party to the said proceedings before the Special Tribunal sought to come on record by filing I.A. No.130 of 1998. Eventually L.G.A. No.27 of 1997 ended in dismissal, in consequence whereof LA. No.130 of 1998 was also dismissed by the Special Court. It was, however, observed therein inter alia that the applicant was at liberty to agitate his claim qua the land in dispute before an appropriate forum. Pursuant thereto, the applicant filed L.G.C. No.53 of 1998 against the State.