HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.8439 of 2010 Date: 20.01.2014 Between:
M/s Mohammedan Parishath, represented by its General Secretary, A.P. Committee, Mohd Basith Ali Khan, Hyderabad . Petitioner AND The Government of A.P. represented by its Secretary, Department of Revenue, Hyderabad and others ...Respondents HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.8439 of 2010 ORDER: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) On 16.04.2010, this Court passed an order directing the petitioner to implead all the encroachers. However, such application has not been taken out, instead an application has been filed to implead some Government officials along with only two encroachers. We are of the view that this is not sufficient compliance of the order of this Court. We notice that the petitioner is not serious to proceed with this writ petition. In any view of the matter, we are not inclined to proceed with the matter as there is an effective and alternative remedy under Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, which is set out as follows:
“ 8. Procedure and powers of the Special Courts:
(1) The Special Court may, either suo motu or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this Act, and pass such orders (including orders by way of interim directions) as it deems fit;
(1-A) The Special Court shall, for the purpose of taking cognizance of the case, consider the location, or extent or value of the land alleged to have been grabbed or of the substantial nature of the evil involved or in the interest of justice required or any other relevant matter:
Provided that the Special Court shall not take cognizance of any such case without hearing the petitioner.
(2) Notwithstanding anything in the Code of Civil Procedure, 1908, the Code of Criminal Procedure, 1973 or in the Andhra Pradesh Civil Courts Act, 1972, any case in respect of an alleged act of land grabbing or the determination of question of title and ownership to, or lawful possession of any land grabbed under this Act, shall be triable only in a Special Court constituted for the are in which the land grabbed is situated; and the decision of the Special Court shall be final.”
It is, therefore, clear that the petitioner could very well approach the Special Court. Therefore, we grant liberty to the petitioner to approach the Special Court for redressal of the grievance. Leave all questions open to be decided by the Special Court, if approach is made. Accordingly, the Writ Petition is disposed of. Miscellaneous Petitions pending, if any, in this petition shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
20.01.2014
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