GURRAM RAMI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed for a Writ of Ceritiorari calling for the records relating to the judgment in L.G.C.No. 34 of 1996 dated 29-10-1997 on the file of the Special Court under A.P.Land Grabbing (Prohibition) Act at Hyderabad (for short 'the Special Court) and quash the same.

(2.) The writ petitioners 1 and 2 are respondents 1 and 2 in LG.C.No. 34 of 1996 on the file of the Special Court. Respondent No. 2 in this writ petition is the petitioner before the Special Court. Respondent No. 4 herein is the respondent No. 3 in the said L.G.C.

(3.) A brief resume of facts culminating in filing of this writ petition may be given as follows: Respondent No. 2 herein filed a petition before the Special Court asserting that she is the owner of the property of a house plot bearing No. 19 admeasuring 400 Square yards in Survey No. 50 of Sahebnagar village, Hayathnagar Mandal, Ranga Reddy District. She traces her title and possession through purchase under sale deed dated 23-1-1993 from respondent No. 4 in this petition. The said Jhansi Laxmi (Respondent No. 4 herein) had acquired title earlier under a registered sale deed dated 7-12-1979 from one Sri Gurram Krishna Reddy. The case of respondent No. 2 herein (applicant in LGC) was that respondents 1 and 2 therein (writ petitioners) were seeking to grab the land in question and petitioner No. 1 herein tried to dispossess respondent No. 2 herein from the said property. The 1st petitioner herein also filed a caveat petition in the first week of June, 1995 in the Court of Principal District Munsif, East and North, Ranga Reddy District to oppose any suit or proceedings likely to be taken by the respondent No. 2 herein. Respondent No. 2 herein filed a complaint before the concerned police in respect of threat of dispossession by the petitioner No. 1 herein in spite of the fact that she is the owner of the said land and her name was also mutated in the municipal records as owner. The 2nd respondent herein thereafter filed a suit in O.S.No. 679 of 1995 on the file of the Principal District Munsif, East and North, Rangareddy District for a perpetual injunction restraining respondent No. 1 therein (petitioner No. 1 herein) from interfering with her possession. A status quo order was granted by the Court. The petitioners herein opposed the injunction petition. The plea taken by the petitioners herein in that suit was that Gurram Krishna Reddy, who is the brother of the 1st petitioner and husband of the 2nd petitioner herein purchased the property from Gummadi Basava Punnaiah with the funds of the joint family and after his death the petitioners herein, are entitled to the same. It is stated that the 2nd petitioner herein also executed a settlement deed in favour of the petitioner No. 1 herein to an extent of 188.8 Square yards out of 400 Square yards of the land. They constructed a room with tin shed two years back and let out the same to one Nagabhushanam and Babu for running lorry work shop.