Holding

The Court found the two earlier decisions contradictory and therefore referred the matter to a larger bench for authoritative clarification on jurisdiction.

Issues considered

Whether the Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 has jurisdiction to decide questions of ownership, title and lawful possession, or whether such questions are exclusively within the jurisdiction of civil courts.
Whether the conflicting decisions of Kanda Lakshmana Bapuji and N. Srinivasa Rao constitute a substantial question of law warranting referral to a larger bench.

Legislation cited

Andhra Pradesh Civil Courts Act, 1972
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982s. 15, s. 6, s. 7(1), s. 8(1), s. 8(2), s. 8(2‑B)
Code of Civil Procedure
Code of Criminal Procedure, 1973

Subjects

jurisdictionspecial courtland grabbingadverse possessioncivil courtstatutory interpretationcontradictory precedentsreferral to larger benchAndhra Pradesh

Judgment

[2008] 2 S.C.R. 731

V. LAXMINARASAMMA A
~ v.
""' A. YADAIAH (DEAD) AND ORS.
(Civil Appeal No. 1849 of 2002)
FEBRUARY 12, 2008
B
[DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.]

Andhra Pradesh Land Grabbing (Prohibition) Act, 1982:
....
II
Jurisdiction - Question as to whether Special Court set
up under the Act or Civil Court has jurisdiction to entertain C'
dispute relating to ownership and possession - Contrary view
expressed by co-ordinate Benches - Matter referred to larger
bench.
In these appeals, at the time of hearing, parties
D
submitted that contrary view was expressed by
· coordinate Benches of this Court relating to the dispute
under the Andhra Pradesh Land Grabbing (Prohibition)
Act, 1982 and hence matter deserved to be referred to
Larger Bench.
E
Referring the matter to Larger Bench, the Court
HELD: The view expressed by two Benches of this
Court are contradictory. In *Kanda Lakshmana Bapuji, it
was observed that all the questions of ownership, lawful
F,
possession can be decided by the Special Court set up
..... -~
under the Andhra Pradesh Land Grabbing (Prohibition)
Act, 1982 and the Civil Court has no jurisdiction. In **N.
Srinivasa Rao, it was held that actual dispossession has
to be established and questions like acquisition of title
by adverse possession can be decided only by the Civil G,
Court. [Paras 3-4) [732-F-G; 734-G]

--4 *Kanda Lakshmana Bapuji v. Govt of A.P. and Ors. 2002
(3) SCC 258; **N. Srinivasa Rao v. Special Court under the
731 H ,
732 SUPREME COURT REPORTS [2008] 2 S.C.R.

A A.P Land Grabbing (Prohibition) Act and Ors. 2006 (4) SCC
214 - referred to.
CIVILAPPELLATE JURISDICTION : Civil Appeal No.1849
of 2002.

8 From the Judgment and Order dated 18.11.2000 of th~
High Court of A.P. at Hyderabad in Writ Petition No. 15844 of
1992.
~
WITH ~

c Civil Appeal No. 1850 of 2002.
M.N. Rao, Y. Raja Gopala Rao, Y. Ramesh and Y. Vismai
for the Appellant.
Manoj Saxena, Rajnish Kr. Singh, Rahul Shukla, T.V.
D George and Annam D.N. Rao for the Respondents.
Dr. ARIJIT PASAYAT, J. 1. Heard learned counsel for the
parties. A

2. When the matter was being heard, learned counsel for
the parties submitted that two decisions of this Court, each
E
rendered by two learned Judges expressed contrary views and,
therefore, the matter deserves to be referred to a larger Bench.
3. The disputes relate to the Andhra Pradesh Land
Grabbing (Prohibition) Act, 1982 (in short the 'Act'). In Konda
F Lakshmana Bapuji v. Govt. of A. P and Ors. (2002 (3) SCC
258), it was observed that all the questions concerning the civil ).- ......
nature of dispute are to be decided by the Special Court set up
under the Act and the Civil Court has no jurisdiction. It was
specifically mentioned that the questions of ownership, lawful
G possession can be decided by the Special Court and mere
allegation of land grabbing would suffice. In para 17 it was, inter-
alia observed as follows: ....
"17. It is pertinent to note that mere allegation of an act of
land grabbing is sufficient to invoke the jurisdiction of the
H Special Court. In both Section 7(1) and Section 8(1) of the
t V. LAXMINARASAMMA v. A. YADAIAH (DEAD) 733
AND ORS. [DR. ARIJIT PASAYAT, J.]

,,,. Act the phrase "any alleged act of land grabbing" is A
...... employed and not "act of land grabbing". It appears to us
that it is designedly done by the legislature to obviate the
difficulty of duplication of trial once in the courts under the
Act and over again in the ordinary civil court. The purpose
of the Act is to identify cases involving allegation of land 8
grabbing for speedy enquiry and trial. The courts under
the Act are nonetheless civil courts which follow the Code
~ of Civil Procedure and are competent to grant the same
"' reliefs which can be obtained from ordinary civil courts.
For the purpose of taking cognizance of the case the
Special Court is required to consider the location or extent
c
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 and to give an opportunity of being heard
to the petitioner [sub-section (1-A)]. It is plain that sub-
[)
section (2) opens with a non obstante clause and
mandates that notwithstanding anything in the Code of
Civil Procedure, the Code of Criminal Procedure, 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 E
possession of any land alleged to have been grabbed
under the Act, shall be triable only in a Special Court
constituted for the area in which the land grabbed is
situated and the decision of the Special Court shall be
final . Sub-section (2-B) specifically provides that F.
~ .... notwithstanding anything in the Code of Criminal
Procedure, 1973, it shall be lawful for the Special Court to
try all offences punishable under this Act. It is left to the
Special Court to determine the order in which the civil and
criminal liability against a land grabber be initiated. Sub- G
section (6) provides that every finding of the Special Court
with regard to any alleged act of land grabbing shall be
conclusive proof of the fact of the land grabbing and of the
persons who committed such land grabbing and every
judgment of the Special Court with regard to determination H
734 SUPREME COURT REPORTS [2008] 2 S.C.R.

A of title and ownership to, or lawful possession of, any land .,
alleged to have been grabbed, shall be binding on all I-
persons having interest in such land. It contains three
provisos but they are not relevant for the present
discussion.
B Sub-section (8) brings about automatic transfer of any
case pending before any court or authority immediately
before the constitution of a Special Court, as would have
been within the jurisdiction of the Special Court if the cause ~
If
of action on which such suit or proceeding is based, has
c arisen after the constitution of the Special Court. The
provisions of sub-section (2) of Section 8 which
'
commences with a non obstante clause confer jurisdiction
on the Special Court and Section 15 of the Act directs that
the provisions of the Act shall have effect notwithstanding
D anything inconsistent therewith contained in any other law
for the time being in force or custom, usage or agreement
or decree or order of a court or any other tribunal or
authority. A combined reading of these provisions leads
to the conclusion that the jurisdiction of the civil court under
E Section 9 of the Code of Civil Procedure and under the
Civil Courts Act is ousted and the Act which is special law
will prevail and as such the Special Court will have
jurisdiction in respect of the matters dealt with thereunder.
(See: Sanwarmal Kejriwal v. Vishwa Coop. Housing
F Soc/ety Ltd. 1990 2 sec 288)."
4. In N. Srinivasa Rao v. Special Court under the A.P ).- ~'

Land Grabbing (Prohibition) Act and Ors. (2006 (4) SCC 214)
it was held that actual dispossession has to be established and
questions like acquisition of title by adverse possession can
G be decided only by the Civil Court. In paras 46 and 47 it was,
inter-alia, held as follows:
"46. The main issue which surfaces in these appeals is
whether the actions arising out of the dispute raised by
the heirs of Uppari Ramaiah can be said to attract the
H
I

f V. LAXMINARASAMMA v. A. YADAIAH (DEAD) 735
,,...-
AND ORS. [DR. ARIJIT PASAYAT, J.]

provisions of the A.P. Land Grabbing (Prohibition) Act, A
'II
~ 1982. Admittedly, the transferees from Mir RiyasatAli and
Chandra Ramalingaiah as also P. Neelakanteswaramma
have been in possession of the properties in dispute and
at no point of time had their possession been disturbed.
The attempts by the heirs of Uppari Ramaiah to dispossess 8
the said transferees could at best be said to be an attempt
to gain possession of the lands without actually obtaining
-..ii possession thereof, which would not constitute an act of
... land grabbing within the meaning of the AP. Land Grabbing
(Prohibition) Act, 1982. We agree with both Mr Venugopal c
and Mr Nariman that in order to constitute an act of land
grabbing, an attempt to dispossess must be followed by
actual dispossession which would then constitute land
grabbing so as to attract the penal provisions of the 1982
Act.
D
47. These appeals should fail on the said ground alone
.... but it has also been argued, and, in our view, quite rightly
so, that the initial document executed by Uppari Ramaiah
in favour of Mir Riyasat Ali on 8-2-1961 was void since
Uppari Ramaiah did not have any saleable interest in the E
land at that stage having regard to the express prohibition
under Sections 47 and 49 of the Tenancy Act of 1950. We
are unable to agree with Mr Parasaran that this was merely
a voidable transaction and was capable of being avoided
without the defect being cured under Section 50-8 of the F
said Act. It Was all the more so since the transfer was

- -~ being made by a protected tenant as an agriculturist to a
non-agriculturist which has also been expressly prohibited
under the Act. That Uppari Ramaiah was aware that the
lands were agricultural in nature is evident from the
application filed before the learned Special Judge in which
G
the said lands were described as "dry agricultural lands".
i=xcept for the fact that the said lands were now included
within an urban area there is nothing to show that the user
of the same had been altered with the passage of time.
H
736 SUPREME COURT REPORTS [2008) 2 S.C.R.
.......

A The decision in Sarifabibi case 5 cited by Mr Parasaran ...
does not, therefore, help his clients' case. The scheme of ~

the 'Tenancy Act of 1950 is reflected in Section 30 of the
Act which prohibits subdivision or sub-letting of any land
by a tenant or assignment of any interest held by him
B therein. The preamble to the Act provides that it was
expedient inter alia to amend the law regulating the
relations of landlords and tenants of agricultural lands and
the alienation of such lands and to enable the landholders ~
to prevent excessive subdivision of agricultural holdings.
..
c In our view, in a proceeding before the Special Court the
only issue which fell for decision is whether there has been
an act of land grabbing as alleged and who is the guilty
party. The Special Court has no jurisdiction to decide
questions relating to acquisition of title by adverse
possession in a proceeding under the Act as the same
D
would fall within the domain of the civil courts. The learned
Special Judge apparently travelled beyond the jurisdiction
.A
vested in him under the 1982 Act in deciding that even if
the provisions of Section 47 of the ,£\ct were a bar to transfer
without the sanction of the Tahsildar, the occupants of the
E land had perfected their title thereto by way of adverse
possession."
5. As rightly submitted by the learned counsel for the
appellants, the view expressed by two Benches of this Court
F are contradictory.
6.Above being the position, we referthe matter to a :arger ..... >

Bench. The records may be placed before the Hon'ble the Chief
Justice of India for necessary orders. •
D.G. Referred to larger Bench.
G