THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.25896 of 2008

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus to declare the action of the respondents in interfering with the peaceful possession of the petitioners land in survey No.757 to an extent of Ac.0.23 and Ac.0.22 guntas, respectively, situated at Hanamkonda, Warangal and placing material to put fencing in respect of the land of the petitioners, as being highly arbitrary, bad and illegal.

2. Heard learned counsel for the petitioner, Sri S.Surender Reddy, learned Standing Counsel appearing on behalf of respondent No.1, Sri M.Ajay Kumar, learned Standing Counsel appearing on behalf of respondent No.2, and Sri K.Satyanarayana Rao, learned counsel appearing on behalf of respondent No.3 and perused the record.

3. Though counter affidavit is filed on behalf of respondent No.4, there is no representation on its behalf though the matter is listed under the caption ‘final hearing’.

4. Petitioners contend that the 1st petitioner is the absolute owner and possessor of land admeasuring Ac.0.23 guntas in survey No.757 situated at Bhadrakali Temple, Hanamkonda;

and that the 2nd petitioner is absolute owner and possessor of land to an extent of Ac.0.22 guntas in survey No.757 of Hanamkonda Village.

5. Petitioners further contend that originally one Nallella Lachamma W/o Durgaiah was the absolute owner and possessor of land admeasuring Acres 16.00 guntas in survey No.757 of Bhadrakali Temple, Hanamkonda; and that the said Nallella Lachamma had filed declaration under Section 6(11) Urban Land Ceiling Act, 1976 (for short ‘Act’) declaring the land in Survey No.765 to an extent of 607 sq. meters and land in Survey No.757 to an extent of 77,295 sq. meters, and house bearing No.3-1-52/A to an extent of 785 sq. meters, in all totaling 78,687 sq. meters as holding.

6. Petitioners further contend that before the Act coming into force, whereby the petitioner’s vendor was required to file declaration under Section 6(5) of the Act, she had sold out land to various persons including the 1^st petitioner to an extent of Ac.1.05 guntas in survey No.757 under a simple sale deed, dt.31.12.1970, and on the said document being impounded, 1st petitioner had sold an extent of Ac.0.22 guntas, out of the said extent of Ac.1.05 guntas, to the 2^nd petitioner through simple sale deed, dt.26.05.1994.

7. Petitioners further contend that on the said Nallella Lachamma executing simple sale deeds, petitioners’ names have been mutated in the revenue records and were also issued with pattadar pass books under the provisions of Telangana Rights in Land and Pattadar Pass Books Act, 1971.

8. Petitioners further contend that the extent of land sold by the petitioners’ vendor has also been excluded by the ULC authorities in the computation of excess lands in the hands of the petitioners’ vendor under Section 8(4) of the Act vide proceedings, dt.08.03.2008.

9. It is the further case of the petitioners that on purchasing the land though under sada sale deed, petitioners were in possession and enjoyment of the land to an extent of Ac.1.05 guntas i.e., the 1^st petitioner had possessed Ac.0.23 gutnas of land in survey No.757 while the 2^nd petitioner possessed land to an extent of Ac.0.22 guntas in the said survey number.

10. Petitioners further contend that while the petitioners have been in possession of their respective extents of land on being since the date of purchase from Nallella Lachamma, W/o Durgaiah, the respondents, in particular the 3^rd respondent is taking steps to put up a compound wall including the land of the petitioners, by placing boundary stones on the ground that the same being excess ceiling land of the declarant and the same is required for the temple in view of the order, dt.08.03.2008, passed under Section 8(4) of the Act.

11. Petitioners further contend that they have brought to the notice of the respondents-authorities of the exclusion of the said land in the hands of the declarant in