Dismissed

Bitra Siva Nagamalleswara Rao v. The Honble Chairman, Special Court under the Andhra

Telangana HC4 Jul 2014WP/18412/2014

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a Special Court's acquisition of land. The Court found the petitioners lacked locus standi as they held no title to the property, mandating them to resolve title disputes before the Special Court first.

What did the court decide?

Writ petition dismissed at the stage of admission; no order as to costs.

Bitra Siva Nagamalleswara Rao Vs The Honble Chairman… — Land Acquisition | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.18412 OF 2014

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This writ petition is filed seeking to issue writ of Mandamus directing respondent No.1 – Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 to dispose of I.A.(SR)Nos.1730 and 1731 of 2014 pending on its file expeditiously and consequently, direct respondent No.4 herein not to take any further action on the ex parte decree, dated 29.4.2014, passed by respondent No.1.

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2. Respondent No.1, basing on a newspaper article published in Andhra Jyothi Telugu Daily on 19.6.2010, had taken up a case on suo motu basis and registered a Land Grabbing Case vide L.G.C.No.28 of 2011 against the petitioners herein/respondent Nos.3, 1, 4 and 5 and three others/respondent Nos.2, 6 and 7.

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3. The Court below, upon considering the material on record, allowed the aforementioned Land Grabbing Case declaring the petitioners and three others/respondents as land grabbers and directed them to deliver vacant possession of the application schedule land to Guntur Municipal Corporation within a period of two months from the date of that order and if they fail to deliver vacant possession within the specified period, the Revenue Divisional Officer concerned is directed to evict them from the application schedule land and hand over the same to the Guntur Municipal Corporation within a period of one month after expiry of the period fixed above and file compliance report to that Court under Rule 15(2) of Andhra Pradesh Land

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Grabbing (Prohibition) Rules, 1988. The petitioners/respondent Nos.3, 1, 4 and 5 preferred the aforementioned Interlocutory Applications before the Court below for setting aside the ex parte decree and for condoning the delay in filing the application for setting aside the ex p a rte decree, but the same are pending adjudication before respondent No.1. Hence, they filed the present writ petition.

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4. Heard.

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5. The petitioners have no locus standi to file the aforementioned applications because they have no title in respect of the property now sought to be recovered. They have not filed any document to show that they have right, title and interest over the property in question. Therefore, the petitioners have to work out their remedies before the Special Court below. Hence, there are no grounds to admit the writ petition and the same is liable to be dismissed.

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6. The Writ Petition is, accordingly, dismissed at the stage of admission. Any observation made in this order is only for the purpose of disposal of this writ petition. Uninfluenced by any observation made in this order, the Special Court below shall dispose of the aforementioned Interlocutory Applications in accordance with law. There shall be no order as to costs.

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7. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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______________________ JUSTICE K.C.BHANU

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_______________ JUSTICE ANIS Date: 04.07.2014 AMD

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.18412 OF 2014