Point of Law : Encroachment of Government Land – Private property –Government cannot unilaterally decide title in its own favour through its employees and evict the petitioner – Order of restoration.

ORDER :

Since the subject matter of both these cases is the same parcel of land and the respondent in the CMA is making a claim to a portion of it ostensibly on a promise made by Revenue officials of the State of Telangana to allot/assign it to him, they are being disposed of by this common order.

W.P.No.5049 of 2016

2. In this Writ Petition, the petitioner which is a company incorporated under the Companies Act and engaged in business of construction and sale of immovable property, has challenged order in Proceedings No.C/2835/2013 dt.13.11.2015 passed by Tahsildar, Tirumalagiri Mandal, Hyderabad District (4th respondent) under Section 7 of the A.P. Land Encroachment Act, 1905 which was also confirmed in Appeal under Section 10 of the said Act by the Revenue Divisional Officer, Secunderabad Division, Hyderabad (3rd respondent) in Proceeding No.B/3701/2015 dt.13.02.2016.

3. The 1st respondent in the writ petition is the State of Telangana and the 2nd respondent is the District Collector, Hyderabad District.

Background facts

4. The petitioner company had obtained a Development Agreement-cum-General Power of Attorney from legal heirs of late S.K.Heeralal and others vide registered documents Nos.2709 of 2006 dt.28.12.2006 and Document No.2286 of 2006 dt.16.12.2006 in respect of Ac.40.00 in Sy.Nos.1 and 2 of Lothkunta Village, Malkajgiri Mandal, Ranga Reddy District.

5. It is the case of the petitioner that executants of the said documents are owners and possessors of Ac.59.05 gts. in the said village and that they obtained title to the said property through one Lateefunnisa Begum, W/o Syed Hazmatullah Saheb.

6. It is their case that she had sold the said land to Seth Kishanram Gowli under a registered sale deed Document No.2230 of 1955 dt.10.12.1955 and that the purchaser’s name was mutated in the Revenue record as Pattedar and possessor of Ac.29.30 gts. in Sy.No.1 and Ac.29.25 gts. in Sy.No.2, total Ac.59.05 gts. in Lothkunta Village.

7. According to them, a portion of the said land of extent Ac.5.10 gts. was acquired under the Land Acquisition Act, 1894 and an award under Section 11 of the said Act was passed on 17.05.1985 in favour of Seth Kishanram Gowli. They also contend that ACs.0-05 gts. 29 sq. mts was acquired under the Land Acquisition Act, 1894 by the Hyderabad Metro Water Works out of the above land of Ac.59.05 gts. and an award was passed under Section 11 of the said Act on 24.06.1989 in favour of Seth Kishanram Gowli.

8. They contend that this land of Ac.59.05 gts. in Sy.Nos.1 and 2 of LothkuntaVillage, Malkajgiri Mandal, Ranga Reddy District is private patta land; that the Secunderabad Cantonment Board had also sanctioned a layout on 04.07.2008 for Ac.40.00 in the said land and that they had paid Rs.53,25,000/- to the said Board towards development charges.

The notice under Section 7 of the A.P. Land Encroachment Act, 1905 issued to the petitioner by the 4th respondent

9. Alleging that petitioners are encroaching Ac.40.00 gts. of Government of land falling under GLR Sy.No.243 (corresponding to old Sy.No.196) of Tirumalagiri Village and Mandal, Hyderabad District, the 4th respondent issued a notice to the petitioner on 01.11.2013.

Petitioner’s reply dt.04.12.2013 to the notice

10. Petitioner gave a reply dt.04.12.2013 to the said notice inter alia contending that the subject land is Sy.Nos.1 and 2 of Lothkunta Village, Malkajgiri Mandal, Ranga Reddy District; and even assuming that any action under provisions of the Act is required to be taken against it, only the Tahsildar, Malkajgiri is the competent authority and not the 4th respondent, the Tahsildar, Tirumalagiri Mandal, Hyderabad District.

11. It was also contended that the land is private land, that a part of it was also acquired for the South Central Railway and the Metro Water Works, and the contention of the 4th respondent that the subject land belongs to the Govern