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2024 Supreme(Telangana) 419
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Shree Manjunatha Constructions – Petitioner
Versus
The State of Telangana – Respondent
Writ Petition No. 23052 of 2024
Decided On : 18-09-2024
Advocate Appeared:
For the Petitioner: N. Sreedhar Reddy.
IMPORTANT POINT
IMPORTANT POINT
The court emphasized the necessity of following principles of natural justice in eviction proceedings under the Telangana Land Encroachment Act, 1905, particularly when there are disputes regarding land ownership.
Headnote:
(A) Telangana Land Encroachment Act, 1905 – Sections 6, 7, and 10 – Writ petition challenging the order of eviction from land claimed to be government property – The court found that the authorities did not follow principles of natural justice in the eviction proceedings, leading to a violation of the petitioner's rights. (Paras 4, 7, 8, 9)
(B) Natural Justice – The court emphasized that the quasi-judicial authority must conduct proceedings in accordance with the principles of natural justice, which were not adhered to in this case. (Paras 7, 8)
Facts of the case: The petitioners, claiming ownership of land, faced eviction orders under the Act, 1905, asserting long-standing possession and disputing the title of the land. (Paras 4, 5)
Findings of Court: The impugned order was set aside due to the failure to follow due process and natural justice. (Paras 8, 9)
Issues: The main issues included the legality of the eviction order and adherence to procedural requirements under the Act, 1905. (Paras 7, 8)
Ratio Decidendi: The court ruled that the authorities must provide notice and an opportunity to be heard before eviction, especially when there is a dispute over title. (Paras 7, 8)
Result: Writ petition allowed; the matter remanded for fresh consideration. (Paras 9, 10)
ORDER :
1. Heard Mr. N. Sreedhar Reddy, learned counsel for the petitioner and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue appearing on behalf of the respondents.
2. This writ petition is filed challenging the order dated 09.08.2024 passed by respondent No. 2 vide proceedings No. D/1422/2024.
3. FACTS:
(i) Mohammed Abdul Mannan Khan, Mr. Mohammed Farrukh Azam Khan and Dr. Mohammed Abdul Rahman Khan, sons of Mr. M.A. Sami Khan, are the absolute owners and possessors of the land admeasuring Ac. 1.00 guntas out of Acs. 2.00 guntas in Survey No. 41/7, situated at Khanamet Village, Seri Lingampally Mandal, Rangareddy District having purchased the same under a registered sale deed bearing document No. 144 of 1995, dated 04.01.1995 from Mr. D. Ramesh and Mr. T. Sai Prakash, represented by their GPP Holders, Mr. K. Chenna Kesava Rao and Mr. G. Krishna vide registered GPA bearing document No. 1507 of 1994.
(ii) Originally, Mr. D. Ramesh and Mr. T. Sai Prakash, the Vendors of Mr. Mohammed Abdul Mannan Khan and 2 others, had fled a suit vide O.S. No. 82 of 1984 against one Mr. W. Gandaiah, for insertion of their names in the Record of Rights in respect of the land admeasuring Acs. 2.00 guntas in Survey No. 41/7 of Khanamet Village. Vide judgment and decree, dated 09.04.1984, learned Subordinate Judge, Ranga Reddy District, decreed the said suit. Thus, the Vendors of Mr. Mohammed Abdul Mannan Khan and 2 others became the absolute owners of the land admeasuring Acs. 2.00 guntas in Survey No. 41/7. Out of the said Acs. 2.00 guntas, Mr. Mohammed Abdul Mannan Khan and 2 others purchased an extent of Ac. 1.00 guntas under the aforesaid sale deed which is hereinafter recalled as ‘subject land’. Thus, they are the absolute owners and possessors of the subject land.
(iii) While so, the said Mr. Mohammed Abdul Mannan Khan and 2 others have entered into four different Development Agreements with (i) M/s. Shree Manjunath Constructions; (ii) Mr. M. Suresh Babu and (iii) Mr. Goturi Amarnath Reddy, for developing the land by executing registered Development Agreement-cum-General Power of Attorneys (DAGPA) registered at the office of the Joint Sub-Registrar, Ranga Reddy, the details of which are as under:
| S. No. | DGPA No. | Date | House No. | Built up Area | PTI No. | Extent |
| 01. | 17609/22 | 25.08.2022 | 2-41/41/7/2 | 100 sq. feet | 1219992191 | 500 sq. yds. |
| 02. | 17610/22 | 25.08.2022 | 2-41/41/7/4 | 100 sq. feet | 1219992193 | 1180 sq. yds. |
| 03. | 17611/22 | 25.08.2022 | 2-41/41/7/3 | 100 sq. feet | 1219992192 | 1180 sq. yds. |
| 04. | 17612/22 | 25.08.2022 | 2-41/41/7/1 | 100 sq. feet | 1219992190 | 1100 sq. yds. |
(iv) Thereafter, Mr. Mohammed Abdul Mannan Khan and 2 others have also obtained building permit orders for construction of Stilt + 5 Upper Floors, the details of which are shown in the below tabular form:
| S. No. | Permit No. | Date | House No. | PTI No. | Extent | No. of Floors |
| 01. | 5801/GHMC/SLP/2023-BP | 03.06.2023 | 2-41/41/7/2 | 1219992191 | 500 sq. yds. | 1 Stilt + 5 Upper Floors |
| 02. | 1702/ -do- | 01.06.2023 | 2-41/41/7/4 | 1219992193 | 1180 sq. yds. | -do- |
| 03. | 5802/ - do- | 01.06.2023 | 2-41/41/7/3 | 1219992192 | 1180 sq. yds. | -do- |
| 04. | -- | -- | 2-41/41/7/1 | 1219992190 | 1100 sq. yds. | -- |
4. CASE OF THE PETITIOENR:
(i) According to the petitioner, it started construction pursuant to the aforesaid building permit orders. While the work was in progress, respondent No. 3 came to the site and directed the petitioner firm to forthwith stop the construction work on the ground that the subject property is government land and that he has instructions from the District Collector to stop the construction. Therefore, the petitioner has filed writ petitions vide W.P. Nos.
