IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A. RAJASHEKER REDDY, J.
I. Ramulu @ Chevella Veeraiah @ Veeresham, S/o. Late I. Balaiah and Ors. – Petitioners
Versus
N.V.N. Constructions Private Limited, represented by its Director, K. Naveen Kumar, S/o. Late Sri K. Krishna Rao and Ors. – Respondents
Civil Revision Petition No.1105 Of 2021
Decided On : 17-12-2021
Urban Land (Ceiling& Regulation) Act, 1976 - Section 6(1), 8 (4) , 4(1)(b) , 10(1),(5) and (3) - Property dispute - Civil Revision Petition is filed against order whereby the Court below allowed the E.P observing that the petitioner/defendant No.23/sole party, who filed the EP, was entitled to obtain a registered sale in its favour in terms of the Award Held, Hon'ble Supreme Court has dealt with similar issue and directed to execute registered sale deed in favour of respondent - It is a case where suit was filed for mandatory injunction for removal of building and to surrender vacant possession was decreed - Aggrieved by same defendant therein preferred appeal which was referred to Lok Adalat for compromise and an Award was passed by Lok Adalat - In Award it was specifically agreed to execute a sale deed in favour of defendant on receipt of as sale consideration - Hon'ble Supreme Court set aside order of High Court and upheld compromise Award and observed that attempt of Court should be to give life and enforceability to compromise Award and not to defeat it on technical grounds and ultimately directed the plaintiff therein to execute sale deed in favour of defendant - Petition dismissed
ORDER:
1. This Civil Revision Petition is filed against order dated 19.07.2021 in E.P.No.4 of 2020 in O.S.No.1043 of 2008 wherein and whereby the Court below allowed the E.P observing that the petitioner/defendant No.23/sole party, who filed the EP, was entitled to obtain a registered sale in its favour in terms of the Award dated 14.10.2015 in O.S.No.1043 of 2008 passed before the Lok Adalath.
2. Brief facts, which lead to filing of this Civil Revision Petiton, are as follows:
Originally Intivenka Balaiah was the absolute owner and pattadar of the plaint schedule property total admeasuring Acs.17.12 guntas situated in Sy.Nos.1003, 1004, 1005 and 1006 of Kukatpally Village, Balanagar Mandal, R.R.District, having purchased the same under registered sale deeds on 02.06.1952 and 12.09.1952 bearing document No.3201/1952. He died in the year 1977 leaving behind four sons and two daughters. However, after his death, the suit lands were mutated in the names of four sons as pattadars and they have also filed declaration in respect of the suit lands before the Special Officer & Competent Authority under Section 6(1) of the Urban Land (Ceiling& Regulation) Act, 1976, who passed final order on 15.02.2006 under Section 8 (4) of the Act vide proceedings in file No.F1/3912/2005 determining the total area of the suit land as 70,009.96 sq.meters and out of which after allowing the declarants/land holders to retain an extent of 1,000 sq.meters under section 4(1)(b) as retainable area, declared the entire balance extent admeasuring 69,009.56 sq.meters as surplus vacant land. Thereafter, the Government of A.P issued notifications under Sections 10(1) and 10(3) proceedings by publishing the same in the official Gazette on 01.04.2006 and 19.04.2006 respectively declaring that the land has vested with the State free from all encumbrances and also issued notice under Section 10(5) on 12.09.2006 in respect of the surplus land.
3. Subsequently, the four sons of said I. Balaiah i.e., I.Laxmaiah and others approached the defendant No.23 for sale of the suit land for sale consideration of Rs.12.00 Crores and also requested to deposit an amount of Rs.9,27,49,903/- with the competent authority, which was paid by the defendant No.23. Thereafter, said Laxmaiah and three others executed registered Agreement of Sale-cum-Irrevocable General Power of Attorney in favour of defendant No.23 vide AGPA No.16132 of 2006 dated 07.08.2006. Thereafter, the defendant No.23 pursued the matter with the Government and successful in obtaining exemption of entire surplus land vide G.O.Ms.No.469, dated 26.03.2008. Even though brother of said Intivenka Balaiah, by name Intivenka Yellaiah, had no interest in the suit property, after his demise, the defendant No.23 also got executed ratification deed dated 17.08.2006 vide document No.16855/2006 from the legal heirs of Intivenka Yellaiah i.e., defendant nos.18, 20, 22, 15, 16 and 17, ratifying the AGPA No.16132 of 2006.
4. While things stood thus, the defendant No.23 being the purchaser of entire suit land Acs.17.12 guntas in Sy.Nos.1002 to 1006 of Kukatpally village under AGPA No.16132/2006, entered into development agreement in respect of Acs.13.137 guntas in Sy.Nos.1003 to 1006 with the defendant No.24 under registered agreement-cum-GPA dated 28.05.2008 vide document No.4358/2008.
5. After the death of eldest son of late Intevenka Balaiah by name Intivenka Laxmaiah, his only son by name I.Ramulaiah (defendant No.4) joined the execution of said Development agreement along with three surviving brothers of his late father and their sons as well as the other descendants of late I.Yellaiah besides defendant No.23 in the execution of said Development agreement-cum-GPA in favour of defendant No.24. After the death of elder daughter of I.Balaiah namely Narsamma, her four sons and one daughter namely G.Yadagiri, G.Kumar (Defendant No.5), G.Srinu (Defendant No.6), G.Raju (Defendant No.7) and P.Swaroopa (defendant no.8) and after the expir
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Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
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