THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 3642 OF 2014 Dated:14-11-2014 Between:
Sahebzada Mir Ali Muzzaffar Ali Khan
... PETITIONER
AND
Prakash Darak and four others
.. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3642 OF 2014 ORDER:
This revision is filed against the order dated 03-09-2014 passed by the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act in I.A.SR.No.2011 of 2014 in L.G.C.SR No. 283 of 2014.
The petitioner filed the L.G.C against the respondents claiming rights in respect of 6058 square yards in T.S No.90, Ward No.230, Block-B, Hyderabad of Bahadurpura Mandal within the limits of the Greater Hyderabad Municipal Corporation. The I.A was filed with a prayer to permit the GPA holder by name Syed Jaweed Hussaini to permit to file the present L.G.C against the respondents on behalf of and for the benefit of other co-owners. The application was rejected on the ground that the affidavit is bereft of any particulars. The said order is challenged in this revision.
Heard Sri Lovaneet Kumar Sharma, learned counsel for the petitioner.
The remedy provided for under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 is very extraordinary in nature. It is only a person who has title or legal entitlement in respect of an item of property which is occupied by another person that the remedy can be invoked. The legal consequences that flow from adjudication are very serious. Not only the petitioner in the LGC would be entitled to recover the possession but also the respondents would be subjected to prosecution. When such are the far reaching consequences flowing from an adjudication in a L.G.C, it is but natural that the person invoking the jurisdiction of the Court must be clear about his rights.
Even according to the petitioner, he is only one of the co-owners, so much so, he does not know who the other co-owners are. When such is the situation, it is difficult to accept the plea of the petitioner in respect of any specific item or extent of the property. The Special Court has taken the correct view of the matter.
The C.R.P is accordingly dismissed. The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
14-11-2014
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