SULTAN MOHINUDDIN, DIED, PER LEGAL REPRESENTATIVES Vs. SPECIAL COURT UNDER A P LAND GRABBING (PROHIBITION) ACT, 1982 REP BY ITS REGISTRAR HYDERABAD AND OTHERS

JUDGEMENT

(1.) The twenty-three year old litigation is still hanging fire and the original petitioner, who initiated the litigation, having left this mortal world without enjoying the fruits of success before the Special Court, the baton of litigation is passed on to his legal representatives.

(2.) The dispute is about a valuable parcel of land admeasuring Acs.31.25 guntas in Sy. Nos.43/1, 44/1 and 45/1 of Kandikal Village, Bandlaguda Mandal, Hyderabad District, which is under illegal occupation of respondent Nos.2 to 646 (hereinafter referred to as the private respondents). The original petitioner has succeeded in convincing the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 (for short, the Land Grabbing Prohibition Act), that the private respondents have grabbed his land. The Special Court has finally disposed of L.G.C. No.126 of 1995 by its order dt.31.11997. The result portion of the said order is apt to be reproduced herein below.

(3.) The said order in the L.G.C. came be to be challenged in W.P. No.5440 of 1998 by 234 persons among respondent Nos.2 to 646. A Division Bench of this Court, by its judgment dt.15.06.2009 dismissed the writ petition. Later, the original petitioner has filed I.A. No.1001 of 2009 in L.G.C. No.126 of 1995 for a direction to the Revenue Divisional Officer (for short, the RDO), Hyderabad to implement the order in L.G.C. No.126 of 1995 and evict the private respondents from the property and deliver the vacant possession of the same to the petitioner. The said application was disposed of by the Special Court on 17.11.2009 whereby it has directed the RDO to handover the vacant possession of the land only to the extent that the petitioner is permitted to hold under the Urban Land (Ceiling and Regulation) Act, 1976 (for short, the 1976 Act) Act. This order was challenged in the present writ petition.