M SHIVA KUMAR Vs. A BAL REDDY

JUDGEMENT

(1.) The writ petitioners seek an appropriate writ or order or direction in the nature of a writ of mandamus/certiorari to quash the judgment dated 29-10-2002 passed by the learned Special Court in L.G.C. No.9 of 1997.

(2.) The writ petitioners along with their mother, Mrs. M. Savithri, are the applicants in L.G.C. No.9 of 1997 before the Special Court under A.P. Land Grabbing (Prohibition) Act (for short, the Act') Hyderabad. The respondents herein are the respondents therein. The application was filed to declare the respondents as land-grabbers qua the land measuring Acs.5.16 guntas covered by Sy.No. 10 and Acs. 1.35 guntas covered by Sy.No.12 of Kompally Village, Quthubullapur Mandal, R.R. District (for short 'the disputed land').

(3.) Briefly stated, their case was that late M. Shankaraiah, the father of the applicants and the husband of Savithramma, was the owner of the disputed land. He filed a suit in O.S.No.30 of 1966 on the file of the Munsif Magistrate East and North, Hyderabad, against one, Narsareddy and Laxmareddy for recovery of possession of the said land which had been in their illegal occupation. The suit was decreed ex parte against them on 13-4-1967. Late Shankaraiah filed E.P.No.3 of 1968 seeking delivery of the land in execution of the decree passed in the suit. Pursuant to the direction of the executing Court, late Shankaraiah was put in possession of the disputed land on 11-2-1968. Despite the delivery, Shankaraiah was prevented by the judgment debtors from cultivating the said land. Again in the year 1982 Shankaraiah filed another E.P. No.4 of 1982 for delivery. E.P. No.4 of 1982 was dismissed on 5-5-1983 by the Principal District Munsif, East and North on the ground, that Court had no territorial jurisdiction over the subject-matter of dispute. The decree holder filed again E.P. No. 14 of 1985 before the District Munsif, Medchal, seeking delivery of possession of the disputed land. That E.P. was also dismissed on 3-8-1990 on the premise that no fresh execution petition was maintainable since the decree in O.S. No.30 of 1966 had already been executed on 11-2-1968 in E.P.No.3 of 1968. While so Shankaraiah died on 11-9-1992 leaving behind him his wife Savithramma and the writ petitioners, his sons. On the ground that the judgment debtors continued to be in illegal occupation of the disputed land without any legal entitlement and their action would tantamount to land-grabbing, the legal heirs of Shankaraiah filed the application under Section 8(1) of the Act before the Special Court.