Andhra Pradesh High Court
Judges : G.BIKSHAPATHY
Sree Pancha Murthy Co-op.House Building society Ltd - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 03-27-00
Andhra Pradesh Survey and Boundaries Act, 1923 - Section 6 (1) - Land case - Possession - Writ petitions can be disposed of by a common judgment, since the questions of law raised in all these writ petitions is one and the same - Held, It is the case of the learned Counsel for the petitioner that except these two certificates, other documents have been filed - Therefore, in view of this, the W.P is disposed of with a direction to consider the case for the petitioner for grant of sanction of lay out, without insisting on Urban Land Ceiling and No Objection Certificate - For the reasons set out, Court have to necessarily conclude that the declaration by the Government or its authorities that the subject lands are Government lands is absolutely illegal and unsustainable in law - Accordingly, it is held that the original owners are proper assignees by the sarfekhas authorities and consequently the subsequent vendees shall be treated as lawful owners with valid title and possession - Petition disposed of
( 1 ) ALL the writ petitions can be disposed of by a common judgment, since the questions of law raised in all these writ petitions is one and the same.
( 2 ) FOR the sake of convenience and to appreciate the events leading to the filing of the respective writ petitions, brief facts are narrated hereunder: in all these writ petitions, Sree Pancha murthy Co-op. House Building Society limited is the writ petitioner. WP No. 11200 of 1998 was filed seeking writ of mandamus declaring an extent of 5 acres of land held by the petitioner in s. No. 129 of 105 now treated as a part of ts No. 1/1/1, Block-H, Ward No. 10 of shaikpet Village, Golconda Mandal, hyderabad District as having been handed over to the 5th respondent A. P. State Non-Resident Indians Re-Investment Corporatin limited, Hyderabad (hereinafter called as anrich) as illegal and without jurisdiction and for consequential direction not to disturb the petitioners from the enjoyment of the aforesaid lands. Writ Petition No. 19297 of 1998 was filed by the same society seeking writ of mandamus to consider the application of the petitioner for grant of lay out dated 15-4-1998 and 16-6-1998 and sanction the same in accordance with the prescribed procedure over an extent of 5 acres of land in S. No. 129/195 of erstwhile Shiakpet village, now at Road No. 10, Banjara Hills, which is identified by the Government as t. S. No. 1/1/1 Part Block-H, Ward-10, shaikpet revenue village corresponding to new S. No. 403 without insisting upon the production of no-objection certificate from the Hyderabad Collector, Urban Land Ceiling, certificate and Registration, Hyderabad. WP No. 21431 of 1998 is filed by the co-operative society seeking writ of mandamus declaring an extent of Ac. 2. 38 gts. held by the petitioners in S. No. 129/100 now treated as part of T. S. No. 24/1/1, Block-H, ward No. 9, of Shaikpet village, Golconda mandal, Hyderabad district as having been handed over to the 5th respondent treating it as a Government land is illegal and without jurisdiction and not binding on the petitioner and consequently seeks direction not to disturb the possession of the petitioner. WP No. 23217 of 1998 filed by the co-operative society seeking writ of mandamus challenging the communication declaring an extent of 10 acres of land held by the petitioners in S. No. l29/135/a now treated as part of T. S. No. 1/1/1 of block-H, Ward No. 10 of Shaikpet village, golconda mandal, Hyderabad district as having been handed over to the 4th respondent treating it as a Government land as absolutely illegal and not binding on the petitioner and consequently relief not to disturb the petitioners from the aforesaid lands. In WP Nos. 21431 of 1998 and 23217 of 1998; the petitioners also sought alternatve prayer seeking writ of mandamus directing the Government or its authorities including the Collector or Mandal Revenue Officer or any other authority under Government have no jurisdiction or authority, right, possession or even lawful claim to interfere with the right, title and interest and possession and enjoyment of the petitioner society in respect of the land bearing s. Nos. 120/105, 129/35/1 and 129/100.
( 3 ) CLAIMS and counter-claims in wp Nos. 11200 of 1998 and 19297 of 1998 : the land in queston is related to an extent of 5 acres of land comprising of S. No. 129/105 of Shaikpet village, Golconda Mandal, hyderabad district. It was originally assigned to and purchased by one Mr. Mir Hassan all Khan from Sarfekhas authorities of the erstwhile Nizam Government in the year 1340 Fasli equivalent to 1930-31. By letter No. 944 dated 22nd Bahman 1340 fasli in file No. 149/13 of Laoni 40 "the awal Talukdar" (Collector) District Atraf badla (now Hyderabad District) of sufekhas Mubarak communicated to the tahsildar, West and South that an extent of 5 acres of land in S. No. 129 was granted on patta in favour of Mir Hassan All Khan on receipt of Rs. 500/- and that the extent of 5 acres of land shall
Annapurna Builders, Hyderabad Vs Municipal Corporation of Hyderabad
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.