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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J.
Asian Institute of Gastroenterology - Petitioner
Versus
The State of Telangana and others - Respondents
W.P. No. 817 of 2023
Decided On : 03-10-2023
Mandamus - Land Allotment - G.O.Ms.No.85, Proceedings No.LC1/3492/2005 - The court allowed the writ petition and directed the respondents to execute the conveyance deed/sale deed and other necessary documents in favor of the petitioner for the allotted land.
Fact of the Case:
The petitioner, a renowned hospital, sought a writ of mandamus to declare the respondents' inaction in executing conveyance deed/sale deed for the allotted land as illegal and arbitrary.
Finding of the Court:
The court found that the petitioner had fulfilled all requirements for land allotment and had invested a substantial amount. The court also noted that the opposing party's challenges were based on fabricated documents and false claims.
Issues: The main issue was the respondents' failure to execute the conveyance deed/sale deed for the allotted land despite the petitioner's compliance with all requirements.
Ratio Decidendi: The court's decision was influenced by the petitioner's fulfillment of all requirements for land allotment, the substantial investment made, and the opposing party's reliance on fabricated documents and false claims.
Final Decision: The court allowed the writ petition and directed the respondents to execute the conveyance deed/sale deed and other necessary documents in favor of the petitioner for the allotted land.
ORDER:
Heard Sri Dammalapati Srinivas, the learned senior designated counsel appearing on behalf of the Petitioner and the learned Special Government Pleader appearing on behalf of Respondent No.2.
2. Vide note of the Hon’ble The Chief Justice dated 12.06.2023 W.P.Nos.817 of 2023, 38329 of 2022 and 39932 of 2022 had been allotted to this Court and on 28.08.2023 W.P.No.817 of 2023, and W.P.No.38329 of 2022 and 39932 of 2022 had been listed before this Court.
3. The learned counsel for the Petitioner in W.P.No.38329 of 2022 sought leave of this Court for withdrawal of W.P.No.38329 of 2022 on 28.08.2023 with liberty to pursue W.P.No.39932 of 2022 which was filed by the same Petitioner for the same relief as sought for in W.P.No.38329 of 2022 and accordingly leave was granted by this Court and the interim order dated 27.10.2022 passed in W.P.No.38329 of 2022 also stood vacated.
4. This Writ Petition is filed to issue a Writ of Mandamus, declaring the action of the Respondents herein in not executing the conveyance deed/sale deed and other necessary documents in favour of the Petitioner in respect of land admeasuring Ac.0-16 Gts. (1936 Sq. Yards) situated in Survey No. 136/P at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, pursuant to issuance of G.O.Ms. No.85 dated 17.08.2022 and Proceeding No.LC1/3492/2005 dated 27.09.2022 allotting the land to the Petitioner, as illegal, arbitrary, unconstitutional and in violation of principles of natural justice and equity and also consequently, direct the Respondents to execute the conveyance/sale deed and other necessary documents which are legally required for affecting valid transfer of land in favour of the Petitioner, in the interest of justice.
5. The case of the Petitioner, in brief, as per the averments in the affidavit filed in support of the present writ petition is as follows:
b) Apart from the above mentioned, the Petitioner is also providing teaching training, research and community care.
c) As per Revenue Records, the land in Sy.No. 136 to an extent Ac. 120-01 gts., of Gachibowli Village is recorded as “Gairan Sarkari” i.e., Government Land and the same is under possession of State Government. The part of the lands in Sy. No. 136 of Gachibowli Village was alienated to various organizations like HUDA, BC Corporation, Traffic Police Station, AIG Hospital etc., and also assigned to weaker sections.
d) While, the State Government had come with a proposal to allot the portion of the vacant land in Survey No. 136 abutting to the existing AIG Hospitals, Gachibowli, measuring 1936 sq. yards (i.e., Ac.0-16 Gts.) in Sy No. 136/P of Gachibowli Village, Serilingampally Madnal, Ranga Reddy District and the Petitioner had shown its interest to acquire such land by way of allotment to expand its health care services to the general public.
e) The Government vide G.O.Ms.No.85 Revenue (Assn. II) Dept, dated 17.08.2022 has assigned land to an extent of 1936 sq. yards (Ac.0-16 gts.) in Sy.No. 136/P of Gachibowli Village, Serilingampally Mandal (Subject Land) in favour of Petitioner on payment of market value at Rs.95,000/- per Sq. yard. The subject land is located adjoining to the land originally assigned to Petitioner, on which the Hospital is presently located and was assigned free from any encroachments and encumbrances.
f) Thereafter, through Memo No. LC1/3492/2005, dated 08.09.2022, the Petitioner was requested to remit an amount of Rs. 18,39,20,000/- (Rupees Eighteen Crores Thirty-Nine lakhs and Twenty Thousand only) at Rs.95,000/- per Sq. Yard, in the Government treasury under the relevant Head of account towards payment of the market value of the land cost to an extent of Ac.0-16 gt
Point of Law : Wherever there is no specific evidence that assignments of lands were made subsequent to the issuance of G.O.Ms., benefit of doubt should be extended in favour of the parties who inten....
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The court affirmed that the failure to allot equivalent land or provide compensation for lost property violates Article 300-A of the Constitution.
The main legal point established is that bona fide purchasers without notice are protected, and government actions must be within a reasonable period of time.
Point of law: Demand for justice is not a matter of form but a matter of substance and it is necessary that a “proper and sufficient demand has to be made.” The demand must be made to the proper auth....
The judgment underscores the importance of revenue records in establishing land ownership and the burden on the government to prove its title in land disputes.
The court affirmed that the assignment of land to ex-servicemen and their legal heirs is protected under government orders, allowing for ownership claims despite administrative disputes.
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