The High Court · 2025

Petition under section i51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be prr-,ased to direct the Respondents to not dispossess the petitioners from the surrject property bearing H.No.5-46NR admeasuring l92O.4O Sq.yds., in Sy.No.48/2 situated at Pet-Basheerabad Virage, eutburapur Mandar, Medchar - Markajgiri District pending disposal of the Writ petition. Counsel for the Petitioners: SRI M.S. ACHYUTH BHARTHWAJ Counset for the Respondents: SRI H.SOMAIAH eZCn SnnSfnt, AGp FOR ASSIGNMENT The Court made the following: ORDER I i i I i'_l HON'BLE SRI JUSTICE C.V. BHASKAR REDDY VIRIT PETITION No.35944 of 2o24 ORDER: ' This writ petition is hled praying this Court to declare the action of respondent Nos.3 to 5 in interfering with the possession of the petitioners' subject property bearing H.No.5- 46lNR totally admeasuring 792O.4O Sq.Yds., in Sy.No.48/2 situated at Pet-Basheerabad Village, Qutbullapur Mandal, Medchal-Malkajgiri District and making efforts to dispossess the petitioners from the subject property as illegal, arbitrary, unconstitutional and violative of Articles 14 and 2 1 of the Constitution of India and consequently prayed for other appropriate reiiefs.

2. . It is stated that the petitioners' vendors and their predecessors-in- interest are the absolute owners for the lands admeasuring Ac.7 -32 guntas in Sy.No.48/2, situated in Pet- Basheerabad Village, having purchased the same through registered sale deed bearing document No.12 of 1965, dated

18.01.1965. It is further stated that petitioners' predecessors hled a declaration under the provisions of the Urban Land Ceiling Act, 1976. The Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, passed hnal order, dated O1.05.2023 vide file No.G-1/5065/ 1976 declhring that Z CVBR, J wp_35944 2024 Smt.Sarojini Bai as non-surplus holder in respect- of the agricultural lands admeasuring Acs.7_32 guntas in Sy No.4g/2 situated ir-r Pet-Basheerabad Village. It is further sta ted that Smt.Sarojini Bai has sold the land to an extent of .Acs.4_07 guntas in Sy.No.48/2 through registered sale dee,ds vide document Nos.6564 of 1989, 6565 of 1989 and 6566 of 1989. It is lurther stzrted that according to the petitioners, their vendors and their predecessors-in-interest are left with an e.xtent of Acs,3-25 guntas in Sy.No.4g/2. It is stated that pr:titioner Nos. 1 to 5 herein are the sons of Smt.D.Sarojini Bai and in respect of balance extent of land i.e., Ac.3-25 gurrtas in Sy.lvo.48/2, tl-rey entered into a family settlement a. d their rlames were mutated in the revenue records as ller the proceedings No.A/B/ROR/g9, dated 1S.12.1989 and the respondent authorities also issued pattadar passbooks and title dieds in favour of the petitioners. It is further stated that the petitioners, along with Smt.D.Sarojini Bai entered into a Development Agreement, dated 23. ro.199g and constrtrcted a school and othcr buildings in the said property. The grievance of the petitioners is that the respondents are trying to dispossess them from the land purchased by them, clreiming that the construr;tions being carried on by the petitioners in the 3 CVBR, J Wp_35944 2024 said property is forming part of Sy.No.48/ 1, which is a Government land.

3. Considered the submissions of the learned counsel for the respective parties and perused the record

4. Learned counsel for the petitioners submitted that the action of respondents in interfering with the peaceful possession of petitioners is illegal and contrary to the procedure of law.

5. Sri H.Somaiah Dzra Shastri, learned Assistant Government Pleader for Assignment stated that the land claimed by the petitioners is forming part of Sy.No.48/2 where as the land claimed by the Government is in Sy.No.4S/ 1, and \ there is dispute with regard to the of identilication and Iocalization of the subject land.

6. A careful examination of the contents of the affidavit as well as the counter affidavit, would reveal that there are serious disputes with regard to the identification and localization of the lands forming part of Sy.No.48/ 1 and Sy.No.48/2. Therefore, it is necessary to conduct the survey by the competent authority, to identify whether the land claimed by the petitioners is forming part of Sy.No.48/2 or the same is forrrling part of Sy.No.48/ 1, which is Government land. \ 4 ill: . a CVBR, J Wp_35944_2024

7. In view of the same, this Court is of the opinion that the ends of just.ice would be met if respondent No.4 is directed to conduct the survey of the land in Sy.Nos.4g/ 1 and 4g,/2 and if il is found tirzLt. any part of the land claimed by the petitioners is forming part of Sy.No.4g/ 1, it is for the respondents to take appropriatc .rctlon strictly by following due procedure in accordance with law. 8 With the above observations, this Writ petition is clisposed of. There shall be no order as to costs. 9 As a secluel, the miscellaneous petitions pending if any, shall stand c]osed //TRUE COPY// Sd/. K. SREERAM MURTHY ISTANT REGISTRAR \ SECTION,OFFICER The Principal Sgcre_tfl-yr Department of Revenue Secretariat Building, Hyderabad, State of Telanqana The District Collector, Medahal -Malkajgiri District The Revenue Divisional Officer, Medcfr-al - Malkajgiri Division, Medchat _ Malkajgiri District The Mandal Revenue Officer, euthbullapur Mandal, Medchal Malkajgiri District The,Revenue,lnspector, Pet Basheerabad Mllage, euthbu apur Mandal, Medchal - Malkajgiri District The.Additional Collector, Urban Land Ceiling and Competent Authority, Medchal Malkajgiri District. 9ne 99 to SRI M.S.ACHYUII-B_|.4RI!-|WAJ, Advocate topUCI Twg CCs to GP FOR ASS|GNMENT, High Colrt foi ine S'tiie or fetangana, at Hyderabad. [OUT] Two CD Copies To

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9. PSK. t.T:l HIGH COURT CVBR,J DATED:0610312025 ORDER WP.No.359M of 2024 . HE.s 14 r€ Ro a ?1 fiAfr ?0?5 ?t + { * 9r'a ICHEt) ((' t' I DISPOSING OF THE WRIT PETITION WITHOUT COSTS v f b