THE HON’BLE SRI JUSTICE P. SAM KOSHY AND THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.27193 of 2023 ORDER: (Per Hon’ble Sri Justice N. Tukaramji)

We have heard Sri Kuriti Bhaskara Rao, learned counsel for the petitioners, Sri P. Shashi Kiran, learned Standing Counsel for the Mandal Legal Services Committee/respondent No.1 and Sri G.Rajeshwar Reddy, learned counsel for the respondent No.2. 2. By this writ petition, the petitioner is seeking issuance of a writ in the nature of Certiorari, to call for the records pertaining to the impugned proceedings in E.P.No.262 of 2022 in P.L.C.No.70 of 2012 dated 30.03.2013 on the file of XV Additional District Judge, Ranga Reddy District at Kukatpally (previously before the Mandal Legal Services Committee, Cyberabad, Kukatpally at Miyapur) is arbitrary and contrary to law and as such to set aside the above proceedings in the interests of justice.

3(i) The petitioners’ case is that, originally the suit schedule property i.e. land admeasuring Ac.04.00 guntas in Sy.No.66/2 at Rayadurga Nava Khalsa village, Serilingampally, Ranga Reddy District (for short, the subject property) was purchased by the respondent Nos.3 and 4 under registered sale deed dated 17.03.1990. Thereafter the title holders executed registered agreement of sale-cum-irrevocable GPA with possession No.2007 of 1994 in favour of the respondent No.5.

(ii) In 1998 the original owners/respondents 3 and 4 and their father executed a registered GPA-cum-agreement of sale dated 14.12.1998 in favour of the petitioner No.1’s husband by receiving valid sale consideration of Rs.5,00,000/- and delivered possession.

(iii) In 2013 upon third party interference the petitioner No.1’s husband and respondents 3 and 4 had filed O.S.No.611 of 2013 seeking perpetual injunction wherein an interim injunction was granted and later on merits the suit was decreed. However, the appeal is pending adjudication before this Court.

(iv) While so, in 2014 the sons of respondent No.5 when tried to interfere with possession, police report has been lodged on 24.03.2014 and crime vide 182 of 2014 was registered in Police Station, Rayadurga Nava Khalsa.

(v) Howsoever, as the respondent Nos. 3, 4 and their father did not come forward and failed to execute registered sale deed the petitioner No.1’s husband got issued notice and filed O.S.No.1658 of 2013 on the file of the I Additional Senior Civil Judge, Ranga Reddy District seeking specific performance. During pendnecy of the suit, petitioner No.1’s husband since passed away, the petitioners came on to record. Later on administrative grounds the suit was transferred and renumbered as O.S.No.1603 of 2021 and it is pending adjudication before the Court of Senior Civil Judge, Ranga Reddy at LB Nagar.

(vi) During the life time of the petitioner No.1’s husband, basing on the GPA-cum-agreement of sale executed by the respondents 3 and 4 sought for mutation and the revenue authority mutated his name as pattedar basing on the physical possession.

(vii) Later a dispute was raised that the subject property was government land. After dismissal of the Special Leave Petition filed by one Chandni Begum and as the land held to be private, the petitioner No.1’s husband vendors title became absolute.

(viii) Thereafter, in the year 2016 when the respondents installed sign board the petitioners preferred writ petition wherein an interim relief was granted and the matter is pending for final hearing. As the petitioner No.1’s husband name has been recorded in 1-B proceedings by the revenue authorities and as they are in continuous possession even after the demise of the petitioner No.1’s husband and upon an application the name of petitioner No.1 has been mutated and even reflected in Dharani portal.

(ix) In 2020 the Greater Hyderabad Municipal Corporation (GHMC) made a proposal for road widening and the authority issued Development Right Certificate to the petitioners which is further strengthening the claim of the petitioners over th