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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
Principal Secretary Revenue – Appellant
Versus
Dost M.Oosman – Respondent
JUDGMENT :
K. SUJANA, J.
1. Challenging the judgment and decree dated 30.08.2017 passed in O.S.No.126 of 2015 by the learned Judge, Family Court-cum-VII Additional District and Sessions Judge, Medak at Sangareddy, the present Appeal Suit is filed.
2. The brief facts of the case are that the plaintiff had filed a suit seeking perpetual injunction against the defendants to restrain them from interfering with his possession and enjoyment of the schedule property measuring Ac.14.10 guntas in Sy.No.135 of Rudraram village, Patancheru Mandal stating that his father, late Ghouse Mohd. Oosman, was the owner of extensive lands in Sy.Nos.135 to 154, including Komati Kunta situated in Sy.No.135, which had been dug by the previous pattadar and purchased along with the land in 1950. After the death of his father, the plaintiff and his family succeeded the property and declared their holdings under land ceiling proceedings, wherein no surplus land was declared. He asserted that Komati Kunta was a private kunta forming part of their patta land, which was earlier used for agriculture and cattle but had become polluted due to industrial influence. Consequently, the family decided to convert the land f
A suit for bare injunction without seeking declaration of title is not maintainable when the property’s nature is in dispute, especially regarding public water resources.
Point of law : where possession of the property was considered and thus grant of injunction to protect such possession was justified.
The court upheld the public trust doctrine emphasizing that water bodies must be preserved for public good, ruling that governmental actions should respect private ownership without compromising publ....
To grant a temporary injunction, the petitioner must establish a prima facie case, balance of convenience, and irreparable injury, with courts favoring public interest when these elements are in conf....
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