Gaddam Dasaratha Rami Reddy v. 1. Rafiq Mehdi Khan

4. smt. Aliya Fathima Khatoon, Wo. AMul Faiz Nisar MeMi Khan, Fl/o. H.No. 3- 6-285, hyderguda, Basheerbagh, Hyderabad - 5O0 034.

5. Smt. Fathima Khatoon, W/o. Late Sri. Khalid l/ehdi Khan, House wife, Fi/o. H.No. 8-2-598/8/10, road No. 10, Banjara hilts, Hyderabad - 500 034.

6. Miss Shireen Fathima, D/o. Late Sri. Khalirl ArteMi Khan, Student, Rl/o. H.No. 8-2-598/8/10, road No. 1 0, Banjara hilis, Hyderabad r 500 034,

7. Master Walahad Mehdi Khan, S/o. Late Sri. Kha{id Mehdi Khan, Student, R/o. H.No. 8-2-598/8/10, road No. 10, Banjara hills, Hyderabad - 500 034. 8- l\,laster Zubair Mehdi Khan, Sio. Late Sri. Khalid MeMi Khan, Student, Rl/o. H.No. 8-2-598/8/10, road No. 10, Banjara hills, Hyderabad - 500 034, ( 5 to 8 being minor rep. by their mother and natural guardian respondent no.S herein above) ....,RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more appropriately a Writ of certiorari calling for the records relating to the order dt- 10.06.2009 passed by the special Court under A.P.Land Grabbing ( Prohibition ) Act, Hyderabad in LGA No. 12I2OOB and quash the same declaring illegal, and unsustainable and consequently to direct the Special court under A.P.Land Grabbing 9 Prohibition ) Act. .NO:1 OF 09 PMP. NO: 25399 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of the order dt. 10.06.2009 passed in LGA No. 12|2OOB on the file of the Special Court under A.P.Land GRabbing ( Prohibition ) act, pending disposal of the above writ petition. i.A.NO:1 OF 2010 (WPMP. N O: 12185 OF 2010) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to serve the notices on the respondents in the above W.P.No19452 of 20119 by way of personal notice through registered post. Counsel for the Petitioners : SRI T.V.L.NARASIMHA RAO Counsel for the Respondents : W.P.NO:19362 OF 2009 Between: Gaddam Dasaratha Rami Reddy S/o.late G.L.Narapa Reddy, Permanent Resident New York, U.S.A. and temporary R/o.H.No.686/697, Road No.'12, Banjara Hills, Hyd. beinq rep. by his Specific Power of Attorney Holder Sri P.R.Gopala Krishna Reddy S/o.fate' Perichalu i?eddy, Retd. Chief Engiheer, lnigation Department, R/o.H.No.8- 2-67418,1312, Road No.12, Banjara Hills, Hyderabad - 500 034. .....PETITlONER I I i I I I I i AND

1. Rafiq MeMi Khan, S/o.Nisar MeMi Khan Business R/o.H.No.B-2-598/B/6, Road No.8, Banjara Hills, Hyderabad - 500 034.

2. Taufiq Mehdi Khan, S/o.Rafiq Mehdi Khan Business R/o.H.l,lo.3-6-285, Hyderguda, Basheerbagh, Hyderabad - 500 034.

3. Arif Mehdi Khan, S/o.Raf( Mehdi Khan Business R/o.H.No.36-285, Hyderguda, Basheerbagh, Hyderabad - 500 034.

4. Smt.Aliya Fathima Khatoon, Wo.Abdul Faiz Nisar MeMi Khan R/o.H.No.3-6- 285, Hyderguda, Basheerbagh, Hyderabad - 500 034.

5. Smt.Fathima Khatoon, Wo.Late Sri Khalid MeMi Khan Housewife R:to.H.No.8-2-598/8/10, Road No.10, Banjara Hills, Hyderabad - 500 034. 6. Miss Shireen Fathima, D/o.Late Sri Khalid Mehdi Khan Student Ri./o.H.No.8-2- 598/8/10, Road No.10, Banjara Hills, Hyderabad - 500 034. being minor represented by her mother and natural

7. Master Wajahad Mehdi Khan, Sio.Late Sri Khalid Mehdi Khan Student Rlio.H.No.8-2-598/8/10, Road No.10, Banjara Hills, Hyderabad - 500 034. being minor represented by his mother and natural

8. Master Zubair Mehdi Khan, S/o.Late Sri Khalid Mehdi Khan Student (5 to 8 are residents of Rr/o. H.No.8-2-598/8/10, Road No.'10, Banjara Hills, Hyderabad - 500 034. and 6 to 8 being minor represented by their mother and natural guardian respondent No.5 herein above) ,....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, th€ High Court may be pleased to issue a writ or order or direction, more appropriately a Writ of Certiorari calling for the records relating to the order dt. 10.6.2009 passed by the Special Court under A.P. Land Grabbing (Prohi.bition) Act, Hyderabad in LGA No.4/2008 and quash the same declaring illegal, and unsustainable and consequently to direct the Special Court under A.P. Land Grabbing (Prohibition) Act. .A.NO:1 OF 2009 MP.NO: 25279 OF 2009 Petition Under Section 151 CPC praying that in the circumstances slated in the affidavit filed in support of the petition, the High Court may be pleased to stay of the order dt. 10.06.2009 passed in LGA No.4/200B on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, pending disposal of the above writ petition. t.A. NO:1 OF 2010 (WPMP. NO:121 84 oF 20't0) PetitionUnderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to serve the notices on the respondents in the above W.P.No.19362 of 2009 by way of personal notice through registered post' Counsel for the Petitioners : SRI T.V'L'NARASIMHA RAO Counsel for the ResPondents : - The Court made the following COMMON ORDER : - I I I I I I I : TI{E HON'BLE SRI WSTICE ABIIIIIAND KUMAR SHAVILI AND TIIE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY - Writ Petition Nos. 19452 and 1 9362 of 2009 COMMON ORDER: (Per tJLe Hon'ble Sri Justie Abhiraid. Kuaat Sltd'vil, Both these Writ Petitions are being disposed of by way of this common order since the issue raised in botlt the Writ Petitions is one and the same.

2. W.P. 19452 of 2OO9 is filed aggrieved by the order passed in L.G.A.No. 12 ol 2OO8 and W.P.No. 19362 of 2OO9 is liled aggrieved by the order passed in L.G.A.No.4 of 2008 uide cornmon order, dated 10.06.2009 by the Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad (for short,'Special Court').

3. Heard Sri TVL. Narasimha Rao, learned counsel for the petitioner.

4. For the sake of convenience, the facts in W.P.No. 19452 of 2OO9 are hereunder discussed. Learned counsel for the petitioner had contended the petitioner is the absolute owner of the land easuring to arr extent ol 798 sq. yds in Sy.No.129/40 5 1 I I i I AKS,J & LNA,J \{p 19452 2OO9 & wp 19362 2OO9 (old) which corresponds to Sy.No.286 (new) situated at road No.13, Banjara Hills, ShaikpetVillage and Mandal. l,earned counsel had further contended that the respondents have illegally grabbed the petitioner's land. In those set of circumstances, the petitioner has hled O.P.No.609 of 1993 before ttre II- Additional Chief Judge, City Civil Court-cum- Special Tribunal, Hyderabad, contending that the respondents have grabbed the land and the saicl O.P was decreed in favour of the petitioner uide orcler, dated

17.O9.2OO7, declaring the respondents as land grabbers and awarded compensation of Rs. 10,O0,00O / - to the petitioner.

6. Aggrieved by the award of ad-hoc compensation, the petitioner has preferred an appeal urde L.G.A.No a of 2O08, wherein, the respondents have Iiled L.G.A. N o-l2 of 2OO8 before the Special Court and the Special Court uide common order, dated 10.06.2009 has set aside the order, dated 17.09.2007 passed in O.P.No.609 ol 1993 by the Special Tribunal and remitted the matter bzrck to the Special Tribunal. I I l ::3:: AKS,J & LNA,J wp 19452_2009 & wp 19362_20{)9

7. l,earned counsel for the petitioner had further contended that the Special Court has set aside the order, dated 17.09.2OO7 passed in O.P.No.6O9 of 1993 by the Special Tribunal, only on the ground that the GPA of the petitioner has deposed before the Special Tribunal and ttrat the witnesses to the petitioner's sale deed were not examined. The Special Court also held that the deposition made by the GPA of the petitioner amounts to hearsay evidence, without appreciating any of the contentions raised by the petitioner.

8. l,earned counsel for the petitioner had further contended that in a similar matter regarding the patta land in Sy.No. 129/4O involving the same respondents, the Division Bench of this Court in W.P.No.35O25 of 1998 and batch had declared the respondents as land grabbers, uide order, dated 2l.IO.2OO2. Learned counsel further contended that the Special Court ought to hav€ relied upon the order of the Division Bench and allou'ed the appeal preferred by the petitioner and dismissed the appeal preferred by the respondents instead of remitting the matter back to the Special Tribunal- 4 AK5,J & LNA,J wp i 94.52_2009 & wp 193()2 2OOq

9. Learned counsel for the petitioner had further contended that since the very sanne respondents were declared as land grabbers in the batch of Writ petitions, remitting the matter back to the Special Tribunal is a futile exercise. Therefore, appropriate orders be passed in these Writ Petitions by setting aside the common order, dated 10.06.2009 passed in L.G.C.No.4 and 12 of 2OO8 by rhe Special Court and declare the respondents as the land grabber and further direct the respondents to pay compensation under Section 7 (A) (S) of the Land Grabbing Prohibitiorr Act. 10. This Court, having considered the submissions made bv learnerl counsel for t}le petitioner is of the vieu, thzrt the Special Court has remitted the matter back to the Spccial Tribunal However, as tJle Special Court and thc Special Tribunal under Land Grabbing prohibition Acr have becn abolished in the State of Telangana, all the pendir_rg matters have been transferred to the concerned District Civil Court. No prejudice would be caused to the petrtioner, if the rnatters are remitted to the concerned District Civil Courts for fresh consideration of the matter b,v framing I I / // 5 AKS,J & LNA,J wP t94522OO9 & wp t93622OO9 appropriate issues in O.p.No.609 of 1993 and by leading fresh evidence. The petitioner can always rely on the order, dated 21.10.2002 in W.p.No.35O25 of 1998 and batch passed by a Division Bench of tl.is Court. Since it is the case of the year 1993, the concerned District civ court shall dispose of the matters as expeditiously as possible, without being influenced by any observations made by this Court. i i

11. With these observations/directions, both these Writ Petitions are disposed of. No order as to costs. As a sequel, miscellaneous applications pending if any, shall stand closed. ?.-\ //TRUE COPY// SD/.L.LAKSHMI BABU ASSISTAN REGISTRAR / l S OFFICER

1. One CC to SRI T.V.L.NARASIMHA RAO, Advocate IOPUCI 2. Two CD Copies K .,, !,r To SA BS J I l I I l i i i i I I I I I I I I I i I i 1 I i i i t t: ! I I I I i HIGH COURT DATED:0710112025 COMMON ORDER WP.Nos.19452 AND 19362 of 2009 1 (: c lii5 $ 't,\ , ( 1E t$ 20n .\: r 1): \...'-. :'4TCH Eo -r' * f \ ;l / DISPOSING BOTH THE WRIT PETITIONS WITHOUT COSTS. {,4- ,T;>< /1crP.q\