2021 Supreme(Telangana) 329
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, J.
M/s. Raghu Rama Krishnam Raju, S/o Late K.V.S.Suryanarayana – Appellant
Versus
State of Telangana – Respondent
Writ Petition No.2244 of 2021
Decided on : 06-12-2021
Headnote:
A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sale deed - Claims ownership - Petitioner claims ownership over Plot No. 206/A admeasuring 812 Sq.Yds. situated in Survey No. 51, Village having purchased same from Nursery through a registered sale deed bearing No. 5876/2011 dated - Similarly, Petitioner also claims ownership over Plot No. admeasuring 825 Sq. Yds. in same survey number, having purchased from one Mrs. Meenakshi Nursery through a registered sale deed bearing No. dated - Petitioner’s predecessors-in-title in respect of both plots purchased subject properties from M/s Kastopa Corporation - Corporation declared Ac. 137.17 Cts. as excess land under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Subsequently, disputes arose regarding above said declaration and certain persons claimed property from Corporation as protected tenants – Held, Petitioner that status quo orders are only with regards to title and ownership and it does not preclude Petitioner from seeking layout regularization - Court cannot accept this contention as LRS proceedings are ancillary and are dependent on title and ownership - When there is an interim order granting stay or status quo authorities cannot proceed with any kind of action which will dilute effect of such interim order - Respondent Nos. 2 to 4 contended that if pending LRS Applications are processed then authorities will be in contempt of orders passed in CRP No. 5279 of 2016 and W.P. No. 11157 of 2019 - There is substantial force in submission as it is impossible for authorities to do an act which is impossible for them to do - In view of aforesaid discussion, Writ Petition is dismissed.
ORDER :
The present writ petition is filed to declare the speaking order dated 10.02.2021 passed by the 4th respondent specifying that the final proceedings in two LRS Application Nos.3000082585/2015-16 and 3000082615 dated 02.11.2015 with acknowledgment dated 30.12.2016 submitted by the petitioner in relation to house plots bearing Plot No.206 admeasuring 825 sq.yards and Plot No. 206/A admeasuring 812 sq.yards, total admeasuring 1637 sq.yards, situated in Survey No. 51, Gachibowli Village, Hyderabad, cannot be considered during the pendency of the cases mentioned therein, as illegal; further to direct the respondents to pass orders forthwith on the said LRS Applications.
2. Sri C.V.Mohan Reddy, learned Senior Counsel, representing Sri S.Vivek Chandra Sekhar, learned counsel for the petitioner, learned Govt.Pleader for Municipal and Administration appearing for respondent No.1, Sri Sampath Prabhakar Reddy, learned standing counsel appearing for respondent Nos.2 to 4, learned Government Pleader for Revenue, appearing for 5th respondent, Sri N.Saida Rao, learned counsel appearing for respondent Nos.6 and 7 and Sri D.Jagan Mohan Reddy, learned counsel for respondent No.8.
3. FACTS OF THE CASE
i) The Petitioner claims ownership over Plot No. 206/A admeasuring 812 Sq.Yds. situated in Survey No. 51, Gachibowli Village having purchased the same from Varkasha Laxmi Nursery through a registered sale deed bearing No. 5876/2011 dated 25.11.2011. Similarly, the Petitioner also claims ownership over Plot No. 206 admeasuring 825 Sq. Yds. in the same survey number, having purchased from one Mrs. Meenakshi Nursery through a registered sale deed bearing No. 6366/2011 dated 25.11.2011 (hereinafter referred to as ‘subject property’). Petitioner’s predecessors-in-title in respect of both the plots purchased the subject properties from M/s Kastopa Corporation.
ii) M/s Kastopa Corporation declared Ac. 137.17 Cts. as excess land under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Subsequently, disputes arose regarding the above said declaration and certain persons claimed property from M/s Kastopa Corporation as protected tenants.
iii) A Division Bench of this Court vide its judgment dated 25.02.2013 declared the State as the owner over land admeasuring Ac.137.17 Cts. in Sy.Nos. 35 to 37, 40, 42 to 47 and 53 of Gachibowli Village.
iv) With respect to Ac. 36.25 Cts. in Sy.Nos.50 to 53 of Gachibowli Village was remitted to the Revenue Divisional Officer (the RDO), to adjudicate afresh the rights of the protected tenants.
v) M/s Kastopa Corporation and their subsequent purchasers and possessors were declared to be the title holder with respect to the balance extent of Ac.17.00 in Sy.No.50 of the Gachibowli Village.
vi) The matter was remitted back to the RDO to adjudicate rights of protected tenants, M/s Kastopa Corporation and the purchasers from M/s Kastopa Corporation in respect of said Ac.36.25 Cts. in Sy.Nos.51 to 53.
vii) Pursuant to the order passed by the High Court, the RDO allowed the applications vide order dated 15.10.2013 of the persons claiming to be protected tenants and granted them Tenancy Certificate.
vi) An appeal was filed by the Petitioner herein before the Joint Collector, Ranga Reddy District against the said order dated 15.10.2013 passed by the RDO and the said appeal was allowed vide order dated 24.09.2016.
vii) Aggrieved by the order of the Joint Collector, dated 24.09.2016, various Civil Revision Petitions including CRP Nos.5732 of 2016 and 217 of 2017 were preferred by the persons claiming to be protected tenants.
viii) While the said CRPs were pending, the Petitioner herein filed a suit bearing O.S. No. 281 of 2020 seeking permanent injunction. During the pendency of the said CRPs and the said suit, a compromise deed was entered into on 01.06.2020 between the Petitioners and the purported protected tenants, whereby the purported protected tenants agreed to abandon their claim over 1637 Sq. Yds. in Plot Nos. 206 and 20