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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Bollaboina Manjulatha – Appellant
Versus
Greater Hyderabad Municipal Corporation, reptd by its Commissioner, Hyderabad – Respondent
ORDER :
Laxmi Narayana Alishetty, J.
Writ Petition No.15781 of 2015 is filed to issue a writ of Mandamus declaring the entry in Column No.20 of TSLR of Shaikpet Village, Hyderabad, showing the land to an extent of 600 square meters in Sy.No.94/p of Khairatabad Village as meant for municipal park, as illegal and unsustainable in view of orders dated 05.07.1993 passed by the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982, (for brevity, hereinafter referred to as ‘the Special Court’) in LGC.No.146 of 1989 and for consequential direction.
2. Writ Petition No.8795 of 2018 is filed to issue a writ of Mandamus declaring the proceedings of respondent No.1 vide No.VRC/ C-10A/CZ/TPS/GHMC/2010-17/58, dated 18.09.2017 as illegal, arbitrary and amounts to contempt of Court and to set aside the same and also for consequential direction to the respondents to delete the entry in Column No.20 of TSLR of Shaikpet Village, Hyderabad, showing the land admeasuring 600 square meters in Sy.No.94/p of Khairatabad Village as meant for municipal park and for incorporation of names of the petitioners to enable them to utilize the said property.
3. Heard Sri Vedula Srininvas, learned Senior Co
Entries in Town Survey Land Register do not confer ownership rights; representation of land use as municipal park found unsustainable based on prior judicial findings.
The burden of proof in land ownership disputes lies with the claimant; mere allegations without evidence of title or ownership do not suffice to substantiate claims under the A.P. Land Grabbing Act.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The court affirmed that property disputes should be resolved in civil courts, not through writ petitions, emphasizing the limited role of municipal authorities in such matters.
The finality of judgments and decrees, and the ineffectiveness of attempts to challenge them, was a central legal principle established in the judgment.
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