Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Andhra Pradesh Land Grabbing (Prohibition) Act 1982 – s.8(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Andhra Pradesh Land Grabbing (prohibition) Act, 1982 (12 of 1982) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 –s.8(1) – Land grabbing – Appellant filing a land grabbing caseagainst respondent under the 1982 Act – Allegation that respondentgrabbed about 500 sq yards of land owned by appellants – Dismissalby the Special Court – Appellant had already filed couple ofproceedings alleging encroachment and land grabbing before thecivil court which were also dismissed – Writ petition against theSpecial court’s order also dismissed – On appeal, held: Appellantsthemselves approached the civil court and now they cannot submitthat they approached the wrong forum – If the appellants believedthat the civil court did not have jurisdiction to entertain the suitinstituted by them, then the proper course of action would havebeen to withdraw the suits and proceed under the Act and not topursue more proceedings – Appellants invited trouble either bypursuing the litigation in the wrong forum or by not approachingthe right forum – For this, the appellants are themselves to be blamedand cannot hide behind the veil of a lack of jurisdiction of the civilcourt – Appellants were given a full-fledged hearing by the SpecialCourt under the Act – Special court held that the appellants failedto establish that they are the owners of the schedule property; thatthe respondents had trespassed on the suit property without legalentitlement, thus, were land grabbers; and that there is no certaintyabout the land alleged to have been grabbed by the respondents –Appellants sought to rely upon a report given by the LocalCommissioner appointed by the civil court which did not indicatemuch – Said report was not proved in evidence before the SpecialCourt or even in the Suit – Moreso, the Local Commissioner wasnot examined with regard to the correctness of the report – Further,if the submission of the appellants that the suits instituted after 1982are not maintainable, then even the report of the Local Commissioner is without jurisdiction – Thus, Special Court fully justified indismissing the land grabbing case. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 358 |
Petitioner | M. Durga Singh & Ors. |
Respondent | Yadagiri & Ors. |
SCR | [2018] 3 S.C.R. 863 |
Judgement Date | 2018-04-18 |
Case Number | 5645 |
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