Smt. Venkattamma v. The Special Court Constituted Under The Andhra Pradesh

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE Dr. JUSTI CE SHAMEEM AKTHER WRI T PETI TI ON Nos.20102 OF 2005 AND 12834 OF 2006 COMMON ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) These writ petitions arise out of the judgment dated 30.12.2004 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982, in L.G.C. No.106 of 1997. Interim orders of status quo were passed in both the writ petitions and are still subsisting. Perusal of the judgment under challenge reflects that the Special Court took up the case suo motu on the basis of a news item. In the light of the decision of this Court in Mohd. Qasim v. Special Court constituted under the A.P.

Land Grabbing (Prohibition) Act, 19821, the Special Court has no power to suo motu take cognizance of an act of land grabbing and initiate proceedings under the statute. In that view of the matter, the judgment under challenge is bereft of jurisdiction. The writ petitions are accordingly allowed setting aside the judgment dated 30.12.2004 passed by the Special Court in L.G.C. No.106 of 1997. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

____________________ SANJAY KUMAR, J ____________________ Dr. SHAMEEM AKTHER, J 31st August, 2017 siva 1 W.P. Nos.6268 and 1485 of 2005 dated 08.06.2007