Mrs.Padma vs The Special Court Constituted ...

Citation : 2022 Latest Caselaw 5813 Tel
Judgement Date : 14 November, 2022

Telangana High Court
Mrs.Padma vs The Special Court Constituted ... on 14 November, 2022
Bench: T.Vinod Kumar, Pulla Karthik
           THE HON'BLE SRI JUSTICE T. VINOD KUMAR
                             AND
           THE HON'BLE SRI JUSTICE PULLA KARTHIK

                   Writ Petition No.12833 of 2006

ORDER:(per Hon'ble Sri Justice T.Vinod Kumar)

       This Writ Petition is filed seeking a Writ of Certiorari calling for

the records relating to the judgment dt.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 and to quash the said judgment as being

contrary to the evidence on record and violative of Articles 14 and 21

of the Constitution of India.


2.     Heard learned counsel for the petitioner and Dr.Vijaya Laxmi,

learned Government Pleader for Assignments, appearing on behalf of

the respondents.

3. Both the learned counsel are at ad idem as to the fact that the subject issue involved in the present Writ Petition is squarely covered by the common order dt.31.08.2017 passed by a Division of the combined High Court in W.P.Nos.20102 of 2005 and 12834 of 2006, whereby this Court on perusal of the order of the Land Grabbing Tribunal in L.G.C.No.106 of 1997, took a view that the Special Court cannot take up the case suo motu on the basis of a news item. 2

4. Having regard to the submission made as above, and since the issue had already been duly considered by this Court, more particularly, since the order under challenge in the above two writ petitions had arisen out of the order passed in L.G.C.No.106 of 1997, which is the subject matter of this Writ Petition, this Court seeks no reason to take a different view therefrom.

5. In view of the above, this Writ Petition is also allowed setting aside the judgment dt.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.

6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.

__________________ T. VINOD KUMAR, J Date:14.11.2022 _________________ PULLA KARTHIK, J GJ 3 THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SRI JUSTICE PULLA KARTHIK Writ Petition No.12833 of 2006 (per Hon'ble Sri Justice T.Vinod Kumar) 14.11.2022 GJ 4