Government cannot assert claim over land contrary to binding judicial decisions affirming petitioner's ownership; rejection of NOC was arbitrary and violated principles of fair dealing under Article 14.

ORDER :

G.M. Mohiuddin, J.

Heard Sri Vivek Jain, learned counsel for the petitioner; Sri G.Udaya Bhaskar, learned Government Pleader for Revenue and perused the record.

2. The present writ petition is filed under Article 226 of the Constitution of India, with the following prayer viz.,

“……….may be pleased to issue writ, order or direction, more particularly in the nature of writ of mandamus declaring the action of the respondents in giving possession of the building tenements constructed on the petitioner's land adm.1750 sq.yds, to the encroachers, without delivering the balance land adm.4546.77 sq.mts to him situated Survey No. 122 (Old) corresponding to new Survey No. 122/P, correlating to town survey No. 2/P, Ward No. 3, Block No.D of Bahloolkhanguda Village, Ameerpet Mandal, Ameerpet, Hyderabad as being illegal, arbitrary and unjust and consequently direct the respondents 1 to 3 to deliver vacant possession of petitioner's land adm. 4546.77 sq.mts situated at Survey No. 122 (Old) corresponding to new Survey No. 122/P, correlating to town survey No.2/P, Ward No. 3, Block No. D of Bahloolkhanguda Village, Ameerpet Mandal, Ameerpet, Hyderabad by evicting/shifting the encroachers along with NOC forthwith.”

3. This writ petition is filed seeking direction to declare the action of the respondents in proceeding to handover the building tenements constructed on the petitioner’s surrendered land of 1750 sq.yds. to encroachers without restoring the balance extent of 4546.77 sq.mts. or issuing the assured NOC.

Brief facts and chronology of litigations

4. The petitioner challenges the action of the respondent authorities in proposing to handover the newly constructed VAMBAY tenements, raised over 1750 sq. yds. of the petitioner’s land, to encroachers without restoring the balance extent of 4546.77 sq. mts. to him and without issuing the required NOC in respect of Sy.No.122 (Old), now Sy.No.122/P, correlating to T.S.No.2/P of Bahloolkhanguda Village, Ameerpet Mandal, Hyderabad.

5. The petitioner along with his family members purchased land admeasuring Ac.10-02 gts. situated in Bahlookhanguda Village, Ameerpet Mandal, Hyderabad, through a registered sale deed bearing document No.2219 of 1966 dated 13.09.1966, after securing permission under the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short ‘Tenancy Act, 1950’). The said Village later came within the Urban Agglomeration Limits and the petitioner applied for exemption under the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘ULC Act, 1976’). The Government, after due consideration, granted exemption to an extent of Ac.9-28 gts. under Section 20(1)(a) of the ULC Act, 1976 vide G.O.Ms.No.152 dated 04.02.1982. These developments led to a series of litigations, which are set out in chronological order hereunder:

i. 1^st Round of litigation: The State sought to acquire the land for providing house sites to weaker sections. The petitioner’s family members challenged the Section 4(1) Notification dated 21-01- 1982 by filing W.P.No.1330 of 1982. By order dated 04-08-1982, the said notification was quashed. The Government preferred W.A.No.918 of 1982; however, the appeal was dismissed, thereby affirming the order of the learned Single Judge.

ii. 2^nd Round of litigation: The Joint Collector initiated suo motu proceedings cancelling the patta granted in favour of the petitioner. Aggrieved thereby, the petitioner filed W.P.No.10085 of 1983. The writ petition was allowed on 18-03-1986, setting aside the patta cancellation. The Government carried the matter in W.A.No.1020 of 1986,