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2015 Supreme(AP) 341

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. Naveen Rao, J.
K. Sugunamma and Ors. – Appellants
Vs.
State of Telangana and Ors. – Respondents
Writ Petition Nos. 12351, 18418 and 19473 of 2015
Decided On: 20.07.2015

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: K.V. Rusheek Reddy
For Respondents/Defendant: Government Pleader

Headnote:

Civil Law – Dwelling house – Demolish the illegal structures – Claim of Smt K. Sugunamma and Sri K. Ramaswamy not to interfere with possession and enjoyment of small dwelling house and to regularize their unauthorized occupation of house petitioners in W.P. – Opposing such continuation in the subject premises claim of regularization and seeking to demolish the illegal structures made by Smt K. Sugunamma and Sri K. Ramaswamy, W.P. is filed by Cooperative House Building Society Limited – Second petitioner was appointed at watchman in the year 1984 to protect the land belonging to Cooperative House Building Society. In year 1986 a room was built to store the construction material. Second petitioner along with his wife-first petitioner were permitted to live in said room. That in the year 2001 after obtaining due approval form the society, petitioners have added another small room to the said existing store room and living in peacefully and are in continuous possession of the same. Corporation has allotted house and assessing same for property tax since 2002 and petitioners are regularly paying the property tax. The electricity connection is provided on their name. Abutting the house in occupation of the petitioners, vacant land exists out of which 1500 sq yards of land is earmarked for establishing a Park. A compound wall was constructed and respondent corporation is in possession of the said land. The premises in which petitioners are living is not part of the open space earmarked for Park – Held, Petitioners have applied for regularization would show that it is forming part of open space earmarked in lay out. Pursuant to interim orders of this Court in W.P. municipal corporation required petitioners to submit proof of ownership and that it is not part of land earmarked for Park. As seen from the various notices issued by the respondent-corporation, petitioners were given notices calling upon them to submit the documents in support of their claim of ownership. In spite of giving sufficient opportunity, no documents were submitted by the petitioners. No material is placed on record of these writ petitions to show that piece of land in their occupation is not part of open space of 1500 square yards earmarked for Park. Merely because house number was assigned or water and electricity connections are provided, though seriously disputed by learned standing counsel, does not legitimize the occupation by petitioners – Merely because regularisation application is pending, cannot be a ground for the petitioners to stall the proceedings initiated by the respondent corporation in accordance with the mandate of Hyderabad Municipal Corporation Act – no error in the proceedings initiated by the respondents warranting interference by this Court – Petitions dismissed.

ORDER

P. Naveen Rao, J.

1. These three writ petitions concern the claim of Smt K. Sugunamma and Sri K. Ramaswamy not to interfere with possession and enjoyment of small dwelling house and to regularize their unauthorized occupation of house bearing No. 2-19-75/2/A, Teachers Colony, Kalyanpuri Colony, Uppal, Ranga Reddy district. Smt K. Sugunamma and Sri K. Ramaswamy are petitioners in W.P. Nos. 12351 and 18418 of 2015. Opposing such continuation in the subject premises claim of regularization and seeking to demolish the illegal structures made by Smt K. Sugunamma and Sri K. Ramaswamy, W.P. No. 19743 of 2015 is filed by Jaya Raghavendra Cooperative House Building Society Limited.

2. With the consent of the learned counsel appearing for respective parties the writ petitions are disposed of finally. As subject matter of all these three writ petitions concern the same property, they are disposed of by this common order. For the sake of convenience, Smt K. Sugunamma and Sri K. Ramaswamy are referred to as petitioners and Jaya Raghavendra Cooperative House Building Society Limited is referred to as Society.

3. The case of the petitioners in W.P. Nos. 12351 and 18418 of 2015 is that second petitioner was appointed at watchman in the year 1984 to protect the land belonging to Jaya Raghavendra Cooperative House Building Society. In the year 1986 a room was built to store the construction material. Second petitioner along with his wife (first petitioner herein) were permitted to live in the said room. That in the year 2001 after obtaining due approval form the society, petitioners have added another small room to the said existing store room and living in peacefully and are in continuous possession of the same. Greater Hyderabad Municipal Corporation (for short corporation) has allotted house number being H No. 2-19-75/2/A and assessing the same for property tax since 2002 and petitioners are regularly paying the property tax. The electricity connection is provided on their name. Abutting the house in occupation of the petitioners, vacant land exists out of which 1500 sq yards of land is earmarked for establishing a Park. A compound wall was constructed and respondent corporation is in possession of the said land. The premises in which petitioners are living is not part of the open space earmarked for Park.

4. Petitioners further claim that since they are in continuous possession and paying the property tax regularly, in terms of G.O.Ms. No. 58 Revenue (Assignment-I) Department, dated 30.12.2014, they are entitled for regularisation of land and accordingly, submitted an application dated 16.1.2015 and same is pending. Petitioners allege that pending consideration of their application for regularisation of land in their possession, at the behest of some of the members of the society, the respondent corporation threatened the petitioners to vacate the subject premises. Questioning the said action petitioners filed W.P. No. 12351 of 2015 and obtained interim order dated 28.4.2015. While so, third respondent issued notices dated 30.4.2015 and 18.5.2015 directing second petitioner to submit title documents of subject house and since no explanation was submitted, notice dated 2.6.2015 was issued revoking the assessment in respect of subject house. On receipt of notice dated 2.6.2015, petitioners submitted their explanation and without considering the same third respondent issued notice dated 18.6.2015 directing the petitioners to remove the subject house within 24 hours.

5. Questioning the action of the respondents in taking coercive steps pending consideration of the petitioners application for regularisation in terms of G.O. Ms. No. 58, dated 30.12.2014, W.P. No. 18418 of 2015 is filed.

6. According to the averments of the society in the affidavit filed in support of W.P. No. 19743 of 2015, government alienated land to an extent of Ac. 4.00 in favour of society in Survey No. 789/1, Uppal Khalsa village, Ranga Reddy district vide G O Ms. No. 778 (R


















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