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2019 Supreme(Telangana) 152

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
V. RAMASUBRAMANIAN, P. KESHAVA RAO, JJ.
Uppalapati Venkata Satyanarayana Prabhas Raju – Petitioner
Versus
The State of Telangana, Rep. by its Prl. Secretary, Revenue Department – Respondent
Writ Petition No. 46114 of 2018
Decided On : 23-04-2019

Advocates:
Advocate Appeared:
For the Petitioner: S. Niranjan Reddy for Rubaina S. Khatoon.
For the Respondent: K. Sharat Kumar.

Headnote:

Constitution of India, Art.226 - Claim of ownership of Government Land - Rejection of application for regularization - Dispossession of property - Challenged - Jurisdiction of High Court to decide factual disputes - Held, Factual disputes cannot be settled in writ petition under article 226 - For deciding this question as to whether Government Authority can dispossess an encroacher without following due process of law, petitioner cannot be driven to Civil Court - Right to property is not fundamental right, it is both Constitutional right and human right guaranteed under Article 300-A - Controversies surrounding land in question, Court cannot put petitioner back into possession on ground that they have been dispossessed otherwise than in accordance with law - Petitioner claimed title to property on basis of registered sale deeds, in all fairness, also applied for regularization - This does not tantamount to approbating and reprobating - Government to consider applications of petitioner for regularization in accordance with law - Para 48, 49, 50

JUDGMENT :

V. RAMASUBRAMANIAN, J.

1. Challenging his dispossession from a property comprised in land of an extent of 2083 square yards in Plot Nos. 221, 222 and 223 in Survey No. 5/3, Raidurg, Serilingampally Mandal, Ranga Reddy District, the petitioner has come up with the above writ petition.

2. Heard Mr. S. Niranjan Reddy, learned Senior Counsel appearing for the petitioner and Mr. K. Sharath Kumar, learned Special Government Pleader appearing for the respondents.

Pleadings

3. The case of the petitioner, in brief, is that he is the absolute owner and possessor of the land measuring 2083 square yards in Plot Nos. 221, 222 and 223 in Survey No. 5/3, Raidurg, Serilingampally, Ranga Reddy District, he having purchased the same, under two sale deeds, one dated 05.10.2005 registered as document No. 14842 of 2005 from Ms. B. Vaishnavi Reddy, and another dated 24.04.2006 registered as document No. 9733 of 2006 from Ms. Usha S. Ari and Mr. Shashank Reddy Bommi Reddy through their General Power of Attorney Holder, Mr. B. Ravinder Reddy; that a larger extent of land in Sy. No. 5/3 was purchased originally by one Mr. P. Vidyasagar Rao and Mr. P. Sangameshwar Rao from Mrs. Kaisar Jahan Begum and others through registered sale deeds bearing document Nos. 11738 and 11739 of 1989; that the larger extent of land was divided into plots and a layout promoted therein; that the layout was sanctioned by Hyderabad Urban Development Authority (HUDA) in File No. 12484 of 1988, dated 21.04.1989; that after the larger extent was developed into a layout of plots, one plot of land bearing Plot No. 221 was purchased by Ms. Usha S. Ari and another, the Plot bearing No. 222 was purchased by Mr. Shashank Reddy Bommi Reddy and the Plot bearing No. 223 was purchased by Ms. B. Vaishnavi Reddy; that the petitioner purchased these 3 plots from them in the years 2005 and 2006; that in the year 2012, the composite State of Andhra Pradesh introduced a Scheme for Regularization of land holdings; that the Government of Telangana also issued G.O. Ms. No. 59, dated 30.12.2014 for the regularization of land holdings; that since the Government started making a claim that the entire village of Raidurg got escheated to the Government, the petitioner, by way of abundant caution, made an application on 19.01.2015 for regularization, by paying a regularization fee of Rs.1.05 Crore; that no orders have been passed on the application for regularization so far; that the petitioner has put up temporary structures in the property and has been paying property tax and also electricity charges duly and promptly; that all of a sudden, the Tahsildar, Serilingampally Mandal, who is the 4th respondent herein, and a team of Officials landed up on the property on 17.12.2018 and attempted to take possession of the same forcibly, purportedly on the basis of an order passed by the Hon’ble Supreme Court on 29.10.2018 in Special Leave Petition (C) Nos. 24646 and 24647 of 2018; that the petitioner is neither a party nor connected to the case before the Supreme Court; that the petitioner and his predecessors have been in possession and enjoyment of the property for the past over 30-40 years and their possession is settled for a long time; that when the law is well-settled that even trespassers cannot be dispossessed by forcible means, the attempt of the respondents to dispossess the petitioner, who has a valid title, is violative of Article 300A of the Constitution and that therefore a writ of mandamus should be issued.

4. The 4th respondent has filed a counter affidavit, contending inter alia that the lands in Plot Nos. 221, 222 and 223 over which the petitioner claims a right, fall in Survey No. 46 of Raidurg Paigah and not in Survey No. 5/3; that Sy. No. 5/3 is located in Raidurg Now Khalsa, according to the Village Map; that the entire village known as Raidurg Paigah became the subject matter of a suit for partition in C.S. No. 7 of 1958; that the entire village was included at serial No. 234 in t






















































































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