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.

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 Counsel appearing for petitioners, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 4 and Sri Midde Arun Kumar, learned Standing Counsel for respondent Nos.1 and 3.

4. Since the issues and subject property involved in both the Writ Petitions are one and the same, and the result is interconnected, both the Writ Petitions are heard together and are being disposed of by common order.

5. For convenience, Writ Petition No.15781 of 2015 is taken as a lead case insofar as the facts are concerned.

6. Brief facts of the case, as narrated in the writ affidavit, are that originally, Hidayat Ali Mirza and others were owners of Plot No.2 admeasuring 600 square meters in Sy.No.94/p of Khairatabad Village and Mandal, Hyderabad; that Mirza Mohammed Khasim and Ameer Bee purchased the same under registered sale deed vide document bearing No.1097/1964 and they in turn sold the same to Bimala Prasad Mandal under sale deed No.95/1980, dated 21.01.1980 and the petitioners purchased the same from Bimala Prasad Mandal under sale deed vide document bearing No.1895/2008, dated 13.08.2008; that Sri Venkataramana Co–Operative Housing Society filed LGC.No.146 of 1989 before the Special Court, seeking to declare Bimala Prasad Mandal and two others as ‘land grabbers’ as they occupied the open space on 12.08.1989 and further, contended that the said society has purchased an extent of Acs.5.20 of land in Sy.No.260 (old No.129/2-12) of Shaikpet Village, obtained an approved layout from the GHMC on 19.09.1962 and plots forming part of the layout were allotted to the members of the society and the society has gifted an open space of the layout in favour of the GHMC, vide gift deed dated 29.08.1969; that the said LGC was contested by Bimala Prasad Mandal, by contending that the subject property does not form part of Sy.No.260 and the layout sanctioned in favour of Sri Venkataramana Co-Operative Housing Society has nothing to do with the land in Sy.No.94/p of Khairatabad Village, wherein the subject property is situated. The Special Court adjudicated the matter and vide its judgment dated 05.07.1993 dismissed the said LGC. Aggrieved by the same, the GHMC filed Writ Petition No.14001 of 1993 and the same was disposed of on 31.08.2004 with observation that no grounds are made to interfere with the findings o