IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MUMMINENI SUDHEER KUMAR, J.
Komaravally Venkatesham, S/o. Veeresham and Anr. - Petitioners
Versus
State of Telangana, Revenue Department, Rep.by its Principal Secretary and Others. – Respondents
Writ Petition No.39198 Of 2014
Decided On : 15-02-2023
A.P. Land Encroachment Act, 1905 - Sections 7, 10(1) , 7 and 3 - Amalgamation of all American Baptist Foreign Mission - Claim to be the absolute owners and possessors - Petitioners herein claim to be absolute owners and possessors of residential house bearing municipal with an extent of land admeasuring opposite to Clock Tower, forming part of Survey No.51 having purchased the same under a registered sale deed - Held, Second respondent failed to address same in impugned order - Court has no hesitation to hold that respondents are not entitled to initiate the summary proceedings by invoking the provisions of the Act, 1905 to effect or disturb the possession of petitioners over subject property - Writ Petition is allowed
ORDER :
1. This Writ Petition is filed seeking a Writ of Certiorari calling for the records relating to proceedings No.E7/2504/2013 dated 05.12.2014 passed by the second respondent confirming the orders passed by the respondents 3 and 4 dated 06.04.2013 and 11.05.2012 respectively under the provisions of the A.P. Land Encroachment Act, 1905 (“the Act, 1905” for brevity) and to declare the same as illegal, arbitrary and contrary to law.
2. The facts of the case are that the petitioners herein claim to be the absolute owners and possessors of the residential house bearing municipal No.9-1-176, 9-1-176/A, 9-1-170 and 9-1-171, (popularly known as ABN compound) with an extent of land admeasuring 3150 square yards situated at S.D.Road opposite to Clock Tower, Secunderabad, forming part of Survey No.51 having purchased the same under a registered sale deed dated 30.03.99 vide document No.1827/2006 and claiming to have been in possession and enjoyment of the said property since the date of its purchase.
3. It is also the case of the petitioners that the vendor of the petitioners namely M/s. Property Association of Baptist Churches Private Limited acquired the said property by virtue of amalgamation of all American Baptist Foreign Mission Society in terms of the order passed by the High Court of Madras in Company Petition Nos.109 and 110 of 1973 and in turn the said American Baptist Foreign Mission Society is stated to have acquired the said property under a registered sale deed vide document No.176/1885. The petitioners also claiming to have been paying the property tax in respect of the subject property since the date of their purchase in the year 1999. When the petitioners intended to construct a house in the subject property and approached the Greater Hyderabad Municipal Corporation (“GHMC” for brevity) for obtaining approval for such construction permission, the GHMC insisted for obtaining NOC from the District Collector concerned and the petitioners approached the District Collector, Hyderabad District for obtaining NOC but same was refused by the District Collector on the ground that the subject property is classified as Government land in the records of the Government.
4. Thereafter, the fourth respondent herein issued a notice under Section 7 of the A.P. Land Encroachment Act, 1905 (“the Act, 1905” for brevity) vide letter No.B/518/2012 dated 11.05.2012 and in response thereto, the petitioners submitted their explanation contending that they have acquired the subject property under a registered sale deed of the year 1999 and the title of their predecessor-in-title relates back to the year 1885 etc. The fourth respondent herein, having received the explanation from the petitioners, rejected the case of the petitioners by passing an order dated 11.05.2012 on the ground that the subject property is recorded in the Town Survey Land Records (“TSLR” for short) as Abadi and in Column No.20, it is recorded as ‘G’ and contending that the subject property is a Government land and that the petitioners have encroached into the same. Aggrieved thereby, the petitioners filed an appeal under Section 10(1) of the Act, 1905 before the third respondent herein and the said appeal was dismissed by the third respondent by passing a cryptic order dated 06.04.2013, which reads as under:-
In view of the above, I do not find any reason to interfere with the orders passed by the Tahsildar, Secunderabad Mandal in Proceedings No.B/518/2012, dated 11.05.2012 and the same is upheld.
Hence, the appeal is dismissed.”
Aggrieved thereby, the petitioners herein filed a revision petitioner under Section 10(1)(c) of the Act, 1905 before the second respondent and the said revision came to be di
B.N. Manga Devi v. State of Andhra Pradesh
Government of A.P. v. Tummala Krishna Rao
The main legal point established in the judgment is that summary proceedings under the Andhra Pradesh Land Encroachment Act, 1905 cannot be sustained when there is a longstanding possession and a bon....
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