G.MUKESH SINGH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed with the following prayer:

(2.) Heard learned counsel for the petitioners, learned Government Pleader for Revenue appearing for respondent No.1, Sri Shyam S. Agarwal, learned counsel representing Sri G.Dhananjai, learned counsel appearing for respondent Nos.2 to 7, and perused the record.

(3.) It is the case of the petitioners that they had instituted a land grabbing case vide LGC.SR.No.2687 of 2012 on the file of the Special Court constituted under A.P. Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') inter alia asserting that the respondent Nos.2 to 10 have grabbed the land to an extent of 1,220 sq. yards out of 1,550 sq. yards belonging to the Government by fraudulently obtaining a decree and judgment, dt.21/3/2000 in OS.No.249 of 1994; that in order to secure the aforesaid land back to the government, they had instituted the underlying LGC before the Special Court as being 'any person' entitled to maintain a petition under Sec. 8(1) of the Act to declare the unofficial respondents herein as land grabbers and to restore the land back to the Government; that the Special Court without considering the scope and ambit of the Act and without even considering that any decree obtained by playing fraud on the Court would be null and void, had rejected the underlying LGC at SR stage itself without even taking the same on record by holding the subject petition as prima facie frivolous and vexatious, which finding of the Special Court it is contended as wholly unsustainable.