The court emphasized that possession of land cannot be disturbed without following due process of law, ensuring protection of property rights.

ORDER

Heard learned counsel appearing for the petitioners and Sri Krishna Reddy Putta, learned Standing counsel appearing for respondent No.2. Perused the record.

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.3 to 25.

3. Petitioners herein are claiming that they are the absolute owners and possessors of land admeasuring Ac.10.00 gts., in Sy.No.158 situated at Zaheerabad Town and Municipality, Sangareddy District, on the strength of three registered sale deeds. They are in possession of the subject property. In proof of the same, they have filed copies of aforesaid sale deeds, old and new pattedar pass books and title deeds and mutation proceedings, etc.

When respondent Nos.3 to 25 interfered with their possession over the subject property, they have filed a suit vide O.S.No.179 of 2019 and learned trial Court granted interim injunction in their favour and also granted Police protection to the petitioners. They have also filed an application for appointment of an Advocate Commissioner for noting down the physical features of the suit schedule property. The said application was also allowed on 11.09.2024 and learned trial Court appointed Advocate Commissioner with a direction to note down the physical features with the help of Assistant Director and file report. He has already filed report. The said suit is pending.

4. When respondent No.2 tried to interfere with the possession of the vendors of the petitioners herein at the instance of respondent Nos.3 to 20 herein, they have filed two writ petitions vide W.P.Nos.17765 and 17693 of 2008. Vide order dated 28.02.2011, this Court disposed of the said writ petitions directing respondent No.2 – Municipality not to dispossess the vendors of the petitioners from the subject property. Even then, respondent No.2 at the instance of respondent Nos.3 to 25 herein trying to interfere with the possession of the petitioners herein over the subject property without following due procedure laid down under law. Challenging the said action of petitioners, petitioners filed the present writ petition.

5. Sri Krishna Reddy Putta, learned Standing counsel appearing for respondent No.2, has produced written instructions of respondent No.2 stating as follows:

“1. It is submitted that The Govt. of India has sanctioned the IDSMT Scheme (Integrated Development of Small and Medium Town) of Zaheerabad Town during the Year 1980-85 with a project cost of Rs. 99.28 Lakhs with two components. One is the Housing Scheme Near Shanthi Nagar. The Directorate of Town and Country Planning has approved a layout plan in LP No. 224/88 in Sy No. 153,156,157,158,160 & 161 in an area of Ac.109-27 gts for the Housing Scheme near Shanthi Nagar. The Said Layout has been revised and Approved in LP no. 159/89(Approved layout copy is enclosed herewith), duly revising LP no. 224/88 on the Request of Municipal Commissioner Zaheerabad with a total No. of 1294 plots comprising of 76 HIG H (45"x70° 264 MIG H (45'x60') 305 LIG H(40'x60'), and 649 EWS (25' X 40'), for the Housing Scheme near Shanthi Nagar under sites and services of IDSMT Scheme. The Govt. has issued orders prescribing the procedure for the Allotment of developed plots and Houses in GO Ms no.1183 MA Dt: 09-11-1981. As per the said GO., all the plots intended for EWS & LIG shall be allotted only through drawl of Lots. The Plots intended for MIG & HIG are to be allotted by auction. Thereafter the Respondent Municipality has allotted the developed plots to the beneficiaries as per the GO issue above. From the date of allotment, beneficiaries are in peaceful possession and enjoyment of their respective plots till date.

2. While things stood so, Petitioners have obtained the registered deeds in the year 2019 from DHARANI portal details and filed a case against Mohd Ghousuddin and some others (in which Municipality is not a party) on the file of Junior Civil Judge, Zaheera