The Tahsildar's declaration of land as Government property was unlawful due to lack of jurisdiction and failure to comply with principles of natural justice.

ORDER :

(B. VIJAYSEN REDDY, J.)

This writ petition is filed seeking a direction from this Court to declare the Proceedings No.B/877/2016 dated 19.06.2019 of the respondent No.4 treating the land covered by “Tholla Kharkana” (Old Sy.No.380) of Alwal Village and Mandal, Medchal-Malkajgiri District as Government land as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice, non-application of mind and vitiated by perversity as well as opposed to Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the Proceedings No.B/877/2016 dated 19.06.2019 and further direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ plots.

2. The background facts of the case are as under:

(a) In the earlier round of litigation, one Mohd. Najamuddin filed WP.No.984 of 2004 to declare the action of the respondent No.4 herein (Tahsildar – Mandal Revenue Officer, Alwal Mandal, Medchal – Malkajgiri District) in claiming to have handed over the possession of the land to the respondent No.3 to an extent of Ac.5.00 in Tolla Kharkhana of Alwal Village within the Municipal Limits of Alwal Municipality of Malkajgiri Mandal, at the request and instructions of the respondents No.1 and 2 and the action of the respondents No.1, 2 and 3 in seeking to implement the VAMBAY scheme by construction of houses treating the said land as the Government land as illegal, void, without authority or power and consequently, direct the respondents to refrain from in any way interfering with the possession and enjoyment of the petitioner in the subject land. By order dated 06.02.2015, the writ petition was disposed of directing the respondents to issue appropriate notices to the affected parties before taking any action either for construction of houses for urban poor and before claiming the land as Government land, and till such time, the persons in possession of the land shall not be disturbed.

(b) Thereafter, WP.No.5371 of 2016 was filed by the petitioners herein to declare the action of the respondents in trying to demolish the structures in their respective plots and trying to dispossess them from their peaceful possession and enjoyment as being arbitrary and violative of orders of this Court dated 06.02.2015 in WP.No.984 of 2004. Order dated 03.03.2016 was passed in WPMP.No.6837 of 2016 in WP.No.5371 of 2016 granting interim direction as prayed for by recording the submission of the learned Government Pleader for Revenue that the respondents are not interfering with the possession and enjoyment of the petitioners of the subject land and would strictly follow the order dated 06.02.2015 in WP.No.984 of 2004. It appears that for non-compliance of the order dated 03.03.2016, CC.No.1350 of 2018 was filed by the petitioners. In the counter affidavit filed by the Tahsildar – respondent No.3 therein, it was contended that the petitioners are pendente lite purchasers from the petitioner – Mohd. Najamuddin in WP.No.984 of 2004. As on the date of disposal of WP.No.984 of 2004, there were no constructions in the subject land and when third parties tried to change the nature of the land, the Tahsildar erected sign boards to avoid multiple alienations. That pending enquiry into the matter, as directed by this Court in WP.No.984 of 2004, the Tahsildar has removed the sign board erected on 26.06.2018 and that erection of sign boards of Government is not intentional, wilful or wanton and it is only to prevent the encroachments.

(c) In consequence thereof, proceedings have been initiated by the Tahsildar in Proceedings No.B/877/2016 and individu