IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
K.C. Banu & Anis, JJ.
D. Ramalingam and Others – Appellants
Vs.
Special Court under A.P. Land Grabbing (Prohibition) Act, 1982 & Other – Respondents
Writ Petition Nos. 3342, 4422, 4424, 4890 of 2008
Decided On : 22.1.2015
Land Grabbing (Prohibition) Act - Section 8(1) - Inspector General of Registration and Stamps - Recovery of possession - Application schedule property- Writ Petitions are filed by petitioners who are respondent on file of Special Court Andhra Pradesh Land Grabbing (Prohibition) Act for issuance of Writ of Certiorari setting aside Judgment passed in said Land Grabbing Case for sake of convenience parties after will be referred to as they are arrayed in L.G.C - Seeking to declare him as owner of application schedule land - Respondents as land grabbers and also to direct respondents to deliver vacant and actual possession of application schedule land to applicant case - Applicant is that is an employee in Andhra Pradesh Secretariat joined as a member in Andhra Pradesh Secretariat Staff Cooperative Credit Society Limited - Society after acquiring open land converted same into house site plots for benefit of members of the Society - Owner of land executed a General Power of Attorney in favor of respondent with respect to said property - Sale deed was executed in favor of applicant and possession of plot was delivered to him on same day - Thus applicant has become absolute owner in possession of application schedule property - Held, Findings of Special Court that is not a valid document is based on oral and documentary evidence and said finding needs no interference by this Court - Vendors of respondent have no right to deal with property in any manner - In these respondent who alleged to have constructed a house cannot get a better title than their vendor had and vendors have no subsisting right title or interest in said property sale deed executed in favor of respondent is also null and void and findings of Special Court in this regard needs no interference and finding of Tribunal that applicant is owner of schedule property and respondent who are in possession without any manner of right title are land grabbers within the meaning of Land Grabbing Act also needs no interference - Petition dismissed (Para 42)
1. These Writ Petitions are filed by the petitioners, who are respondent Nos. 6 & 7, respondent Nos. 1 to 3, respondent No. 4 and respondent No. 5 respectively, in L.G.C. No. 16 of 2006 on the file of the Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act. Hyderabad, (for short the Special Court), for issuance of Writ of Certiorari, setting aside the Judgment, dated 18.01.2008, passed in the said Land Grabbing Case (for short the L.G.C.). For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the L.G.C.
2. The brief facts of the case are that the applicant i.e., respondent No. 2 in W.P. No. 3342, 4424 & 4890 of 2008 and respondent No. 6 in W.P. No. 4422 of 2008, filed L.G.C. No. 16 of 2006 against respondent Nos. 1 to 7, seeking to declare him as the owner of the application schedule land i.e. Plot No. 224 admeasuring 200 Sq. Yards in Sy. Nos. 61, 62, 64, 65, 67, 68/1, 68/2, 69, 69/1, 70, 70/1, 71, 72, 72/1, 73, 76, 77, 85, 85/1, 86, 94, 120 to 126, situated at Sriramnagar Colony, Puppalguda Village, Rajendranagar Mandal, Ranga Reddy District; to declare the respondents as land grabbers and also to direct the respondents to deliver the vacant and actual possession of the application schedule land to the applicant.
3. The case of the applicant is that he is an employee in the Andhra Pradesh Secretariat, joined as a member in the Andhra Pradesh Secretariat Staff Cooperative Credit Society Limited (hereinafter referred to as 'the Society') and the said Society acquired open land admeasuring Ac.70.00 cents at Puppalguda and Manikonda Khasla villages, Rajendranagar Mandal, Ranga Reddy District. The Society after acquiring the open land, converted the same into house site plots for the benefit of the members of the Society. The owner of the land executed a General Power of Attorney in favour of respondent Nos. 1 & 2, with respect to the said property. The Society prepared the layout and allotted plot No. 224 admeasuring 200 Sq. Yards in Sriramnagar Colony, Puppalguda village to the applicant, for which he paid Rs. 10,000/- towards total sale consideration and development charges to the Society and also another sum of Rs. 1,000/- towards registration charges. On 08.08.1990, a sale deed was executed in favour of the applicant and possession of the plot was delivered to him on the same day. Thus, the applicant has become the absolute owner in possession (sic. possessor) of the application schedule property.
The first respondent floated a Firm in the name and style of 'Sri Raghuram Housing Development Company' (for short 'the Company') and appointed his son as Managing Director and insisted the members of the Society to pay a sum of Rs. 75/- per Sq. Yard to the Company for development activities in the Society. The applicant has refused to pay the amount demanded by the first respondent. To safeguard the interest of the members of the Society, a notice was sent on behalf of the Society to the Inspector General of Registration and Stamps, Andhra Pradesh, complaining that the first respondent has not returned the original sale deed and retained the same with him without any manner of right. A registered notice on 16.04.1992 was also issued to the first respondent calling upon him to give the original sale deed to the applicant, but the same was not given to him. The first respondent got issued a public notice in Deccan Chronicle on 01.07.1993 calling upon all the plot owners to pay the development charges as demanded by him. A reply notice was published in the newspaper denying the claim made by the first respondent. This fact was brought to the notice of the Sub-Registrar, Rajendranagr Mandal, Ranga Reddy District, by the applicant with a request not to register the cancellation deeds or other deeds of the first respondent pertaining to the properties produced (sic. purchased) by the members of the Society. A complaint was also lodged with the Chief Secretary and the local Circul
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