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SUREPALLI NANDA
Asian Institute of Gastroenterology – Appellant
Versus
State of Telangana – Respondent
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 V
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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