IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUSTICE, J
Rock Hills Realty Private Limited – Appellant
Versus
District Collector, Ranga Reddy District – Respondent
Writ Petition No.14639 of 2023 | O.S. No.88 of 2002 | A.S. No.998 of 2010 | Civil Appeal No.5822-5824 of 2022
| Table of Content |
|---|
| 1. overview of land ownership and agreements. (Para 5) |
| 2. details of legal proceedings related to land. (Para 6 , 7 , 8 , 9 , 10) |
| 3. petitioner's actions regarding land registration. (Para 11 , 12 , 13 , 14) |
| 4. respondents' claims and succession application. (Para 15 , 16 , 17 , 18) |
| 5. court's analysis on jurisdiction and title disputes. (Para 19 , 20 , 21 , 22 , 23) |
ORDER :
1.1. The order dated 06.10.2023 in File No.D2/2075/2023 passed by respondent No.2 - the District Collector, Ranga Reddy District, Kongara Kalan, Ibrahimpatnam, Ranga Reddy District whereby respondent Nos.5 to 9 (claiming to be the legal representatives of late Debbad Narayana, S/o. Viswanatham) were granted succession is challenged in this writ petition by the petitioner as being illegal and violative of Articles 14 and 300-A of the Constitution of India.
1.2. The petitioner - Rock Hills Realty Private Limited claims to have purchased the land admeasuring 1,94,568 square yards equivalent to Acs.40-08 guntas, covered by Survey Nos.301 (Part) admeasuring Acs.9-14 guntas, Survey No.302 admeasuring Acs.11-14 guntas, Survey No.303 admeasuring Acs.10-27 guntas and Survey No.304 (Part) admeasuring Acs.8-33 guntas, situated at Budvel Village, Rajendranagar Mandal, Ranga Reddy District, under the registered document bearing document No.10698 of 2022 dated 19.10.2022.
1.3. It is submitted that Debbad Narayana, Debbad Vishweshwar Rao, Debbad Srinandan Rao, Sriram Chandrashekar and Tadkamalle Narasimha Rao were owners of the agricultural land admeasuring Acs.141-05 guntas covered by Survey Nos.300, 301, 302, 303, 304, 305, 306, 307, 308 and 309 situated at Budvel Village, Rajendranagar Mandal, Ranga Reddy District.
1.4.1. The original owners entered into an agreement of sale dated 19.03.1994 in respect of the land admeasuring Acs.127-29 guntas forming part of Survey Nos.301 (Part), 302, 303, 304, 305, 306, 307, 308 and 309 situated at Budvel Village, Rajendranagar Mandal, Ranga Reddy District with one (1) Smt. K. Vijayalakshmi, (2) Smt. K. Sujatha Reddy, (3) Smt. Veeramreddy Anjamma, (4) Smt. Kamireddy Geetha Reddy, (5) Smt. Mudi Lalithamma, and (6) Smt. Vaddireddy Ramadevi. In terms of the agreement of sale, the agreement holders agreed to exclude Acs.12-00 guntas for roads and passages while agreeing to purchase the remaining Acs.115-29 guntas.
1.4.2. It is stated that in terms of the agreement of sale dated 19.03.1994, the purchasers / agreement holders formed into two independent groups / branches wherein an extent of Acs.40-08 guntas fell to the share of Mrs. K. Sujatha Reddy and K. Geetha Reddy of Branch-I, who are stated to be vendors of the petitioner; and the remaining land fell to the share of Smt. Karnati Vijayalakshmi, Smt. Veeramreddy Anjamma, Smt. Mudi Lalithamma and Smt. Vaddireddy Ramadevi jointly of Branch-II.
1.4.3. In furtherance of agreement of sale dated 19.03.1994, the members of Branch-I and Branch-II have executed a common General Power of Attorney in favour of Mrs. K. Sujatha Reddy of Branch-I and Smt. Karnati Vijayalakshmi of Branch-II vide document No.875 of 1994 dated 30.04.1994 for an extent of Acs.65-29 guntas and document No.68 of 1995 dated 28.03.1995 for an extent of Acs.50-00 guntas.
1.4.4. Thus, Branch-I is represented by Mrs. K. Sujatha Reddy and Smt. K. Geetha Reddy acting on behalf of the original owners have entered into an agreement of sale dated 26.03.1997 for an extent of the land admeasuring Acs.38-15 guntas and another agreement of sale dated 27.03.1997 for an extent of the land admeasuring Acs.1-33 guntas, total admeasuring Acs.40-08 guntas, with M/s. The Hyderabad Potteries Private Limited.
1.4.5. It is stated that Branch-II does not have any right in respect of the land covered by the agreements of sale dated 26.03.1997 and 27.03.1997 entered by Branch-I. Likewise, Branch-I does not have any right in respect of the remaining land of Acs.75-21 guntas covered by the agreement of Branch-II.
1.5. It is stated that as The Hy
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