Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.M.MOHIUDDIN
Srigopal Inani – Appellant
Versus
District Collector, Hyderabad – Respondent
| Table of Content |
|---|
| 1. challenge of land possession (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's continued ownership and challenges (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. government's land claim and legal position (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 4. judicial observations by the court (Para 22) |
| 5. final judicial reasoning (Para 23) |
| 6. conclusion and directive to seek remedies (Para 24 , 25 , 26 , 27) |
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, Hy
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 ....
The court held that disputed questions of title and possession cannot be resolved in a writ petition, and the petitioners were entitled to remain in possession of the land despite ULC proceedings.
Mandatory notice under ULC Act is essential; lack of due process invalidates claims of possession by the state over land.
The court upheld that procedural lapses and incorrect legal interpretation invalidated the orders of the competent authority on land ownership.
Proceedings issued under the Urban Land Ceiling Act against a deceased declarant are null and void; possession must be established prior to claiming surplus land.
Disputes regarding title and possession of land necessitate proper judicial scrutiny, especially where evictions under the Land Conservancy Act are challenged on grounds of legitimate claims. Governm....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
