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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN
Raunaq Yar Khan – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. LAKSHMAN, J.
The lis involved in all the four writ petitions and subject property is common and therefore they were heard together and decided by way of this common order.
2. Heard Mr. Rakesh Sanghi, learned counsel for the petitioners in W.P.No.28635 of 2018; Mr. Omar A. Pasha, learned counsel for the petitioner in W.P.No.40374 of 2022, Mr. A. Sudarshan Reddy, learned Senior Counsel representing Mr. P. Pratap, learned counsel for the petitioners in both W.P.No.38277 of 2022 and W.P.No.2151 of 2022 and Mr. M.V. Durga Prasad, learned Counsel for unofficial respondents 15 to 57 and learned Government Pleader for Revenue, extensively.
3. DETAILS OF THE WRIT PETITIONS AND THE RELIEF SOUGHT:-
A) W.P. No. 28635 OF 2018: –
This writ petition is filed by Mr. Raunaq Yar Khan to declare the action of respondents in interfering with his peaceful possession over the property admeasuring Ac.73-39 guntas in Sy.No.63 situated at Guttala Begumpet, Serilingampally Mandal, Ranga Reddy District, (hereinafter referred to as ‘subject property’) damaging the same by erecting the board with the caption “Government Land” as illegal.
B) W.P. No. 38277 of 2022:-
This writ petition is filed by Mr.Bukthyar
Possession of property cannot be disturbed without due process; rights must be protected under constitutional provisions, and authorities are bound by statutory timelines and requirements.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
Writ jurisdiction is inappropriate for adjudicating disputes regarding property titles; such matters should be resolved through civil courts.
Delay in asserting rights under land ceiling regulation impacts maintainability of writ petitions; the court dismisses claims due to laches but permits civil recourse.
Timely objection is essential in ceiling proceedings; long delay in seeking judicial intervention leads to barring of relief due to laches, irrespective of alleged possession.
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
The Tribunal acted beyond its jurisdiction in granting occupancy rights without notifying interested parties, violating principles of natural justice.
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