The court held that property ownership disputes must be resolved in civil courts rather than through writ proceedings when title questions are contested.

ORDER :

1. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of respondents in interfering with the ownership, title and possession of the petitioner in respect of land admeasuring Acs.2.00 covered in Sy.No.129/98 (Old Sy.No.403), situated at Banjara Hills, Road No.2, Hyderabad, as illegal, arbitrary and in violation of Articles 14, 19 and 300-A of the Constitution of India.

2. Heard Sri Brahmadandi Ramesh, learned Senior Counsel representing Smt R.Swarnalatha, learned counsel-on-record for petitioner, and Ms. T.Swetcha, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 to 4.

3. Brief facts of the case as averred in the writ affidavit are that originally, a total extent of Acs.7.00 guntas of land in old Sy.No.403 belonged to one Pochaiah, who held patta in 1954; that subsequently the said land was got regularized in the year 1957; that thereafter, Pochaiah alienated portions of the said land to various purchasers, including an extent of Acs.2.00 gts (the subject land) in favour of one K.V.Surendra Kumar Sarma under a registered Sale Deed No.2624/1968 dated 21.08.1968; that in the year 1973, the said K.V.Surendra Kumar Sarma executed a Will bequeathing the subject property to his siblings-K.V.Annapurna and K.V.Ramakrishna Sarma; and that upon his death on 06.06.1974, the legatees became absolute owners and continued to be in possession of the subject property by paying the land revenue from 1975 to 1989.

3.1. It was further averred that by virtue of the Award dated 15.02.2014 passed in Lok Adalat in CPLC.No.183 of 2023 and the Will Deed executed in his favour by K.V.Ramakrishna Sarma, the petitioner claims to have become the absolute owner thereof and also obtained Municipal Door No.8-2-269/S/129/98/P, Circle No.18, Banjara Hills, and has been paying property tax in his name.

3.2. While the things stood thus, the respondents-authorities, without issuing any notice and without any authority of law, attempted to interfere with the petitioner’s peaceful possession and sought to forcibly evict him from the subject property. Aggrieved thereby, the petitioner filed the present writ petition.

4. Learned senior counsel appearing for petitioner reiterated the contents of the writ affidavit and further submitted that the chain of title traces back to the year 1954, i.e., when originally, one Pochaiah, held patta and remained in uninterrupted possession; that subsequently, in the year 1968, K.V.Surendra Kumar Sarma purchased the land under a registered sale deed and from then onwards, the said property remained with the same family for over five decades, without objection from any public or private parties; that the subject property has always been treated as a private patta land; and that the revenue authorities themselves have recognized the same on multiple occasions.

4.1. Learned senior counsel further submitted that Sudarshan Committee, appointed by the Government to probe into the lands covered in Banjara Hills, has conducted an elaborate survey and submitted its report, wherein it is stated that Sy.Nos.129/1 to 11 and 129/100 to 111 falls under Government lands and Sy.Nos.129/12 to 99 are private patta lands and thus, the report of Sudarshan Committee substantiates the case of the petitioner that the subject land is private patta land of Pochaiah.

4.2. Learned senior counsel vehemently submitted that despite the long and uninterrupted possession of the petitioner and his predecessors-in- title, the MRO and RDO have attempted to interfere with possession of the subject property by the petitioner and the said officials removed the board