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2024 Supreme(Online)(TEL) 23045
HIGH COURT OF TELANGANA
K. SARATH, J
SRI SAINATH COOPERATIVE HOUSING R.R. DISTRICT – Appellant
Versus
GOVT. OF A.P. HYDERABAD AND 8 OTHERS – Respondent
WP/20907/2009
The court found the authority's declaration of land as Government land illegal, emphasizing the need for adherence to prior judicial orders and jurisdictional limits.
Headnote:(A) Constitution of India - Articles 14, 21, and 300-A - Challenge to the declaration of land as Government land by the Joint Collector - The petitioner-society purchased land and formed layouts, but the 2009 order by the Joint Collector was deemed illegal and arbitrary. (Paras 1, 22, 35)
(B) Jurisdiction - The respondent No.4 was found to lack authority to adjudicate title disputes and must defer to Civil Courts for such matters. (Paras 13, 36)
Facts of the case:
The petitioner-society purchased land in Bahadurpally Village in 1981-82, formed layouts, and later faced challenges regarding the classification of land as Government land. (Paras 4, 22)
Findings of Court:
The impugned order declaring the land as Government land was set aside, and the case was remanded for fresh consideration by the respondent No.4. (Paras 36)
Issues: The main issues included the authority of the respondent No.4 to declare land as Government land and the validity of previous orders affecting the land's classification. (Paras 1, 12, 36)
Ratio Decidendi: The court ruled that the respondent No.4 acted beyond its powers and must follow the earlier court orders regarding the subject land. (Paras 35, 36)
Result: Writ petitions disposed of and matter remanded for fresh consideration.
Understood. Please provide the legal document content (inside
COMMON ORDER:
1. The petitioner-society in W.P.No.20907 of 2009 and its Members in W.P.No.22662 of 2009 are challenging the proceedings No. E/5365/2001, dated 09.09.2009 passed by the Respondent No.4/Joint Collector, Ranga Reddy, whereunder the land in Sy.No.227/1 of Bahadurpally Village admeasuring to an extent of Ac.200.00 guntas was declared as Government land as illegal, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India.
2. The petitioner-society in W.P.No.4698/2008 challenging the Memo No.E5/5365/2001 dated
31.02.2005 and sought direction to the respondents to grant building permissions. The Members of the petitioner-society have filed W.P.Nos. 19425/2008, 19426/2008 and 12714/2009 questioning the inaction of the respondents in not granting building permissions.
3. Heard Sri V.Murali Manohar, Sri S.Nageswar Reddy, learned Counsel for the petitioners, Sri Pottigari Sridhar Reddy, learned Special Government Pleader appearing on behalf of learned Advocate- General for the official respondents and none appeared for the respondent No.9 in W.P.Nos.20907 of 2009 and 22662 of 2009.
4. As per the pleadings, the petitioner-society purchased land to an extent of Ac.103.83 cents in Sy.Nos.227/1 and 228 of Bahadurpalli Village from Y.Satyanarayana and others in the year 1981-82. Thereafter the petitioner-society formed layout in the said land and allotted/sold plots to its Members, who are the petitioners in W.P.No.19425, 19426 of 2008, 12714 and 22662 of 2009. As the lis involved in all these petitions arise out of the lands in Sy.Nos.227/1 and 228, all these writ petitions were heard together and are being disposed of by way of Common Order.
5. Learned Counsel on both sides argued in main W.P.No.20907 of 2009 as the other Writ Petitions depends on outcome of orders passed in the said writ petition. In view of the same, the contentions of both the parties in W.P.No.20907 of 2009 are taken as leading case.
6. The learned Counsel for the petitioners would submit that the Vendors of the petitioner-society purchased the land situated in Sy.Nos.227, 288, situated at Bahadurpalli Village from one Namburi Krishna Murthy and his son. The said Namburi Krishna Murthy along with his son Namburi Nagabushanam, out of Ac.200-00 guntas, have alienated Ac.186-00 guntas in favour of one Y.Satyanarayana and others vide Document No.528/1966 dated 12.09.1966 under Section 47 and 48 AP (TA) Tenancy and Agricultural Land Act, 1950 duly obtaining permission from the Tahsildar, Medchal Mandal vide Lr.No.B2/3915/66 dated 11.08.1966. Some of the purchasers under document No.528/1966 have filed declarations under the provision of Andhra Pradesh Land Reforms (Ceiling On Agricultural Holdings) Act, 1973 and one Smt.Kollu Haramma had declared Ac.4.96 guntas as excess land and the remaining land continued to be vest with Y.Satyanarayana and others.
7. The learned Counsel for the petitioners would further submit that out of Ac.186-00 guntas of land, the petitioner-society had purchased Ac.103.83 cents in Sy.Nos.227/1 and 228 from said Y.Satyanarayana and others through registered sale deeds in the years 1981-1982 and formed layout duly obtaining Gram Panchayat permission and thereafter the petitioner-society had sold/allotted plots to its Members between 1982-1985 and some of the purchasers had also constructed buildings, houses and set up old-age homes in their respective plots. In the year, 2001 the Joint Collector, Ranga Reddy issued a Circular instructions in Rc.No.E/206/2001 dated 06.02.2001 instructing the Sub-Registrars in the District not to entertain any registrations with respect to Agricultural and Non-Agricultural lands unless and until No Objection Certificate (for short ‘NOC’) is issued by the District Collector.
8. The learned Counsel for the petitioners would submit that challenging the Circular Instructions dated 06.02.2001, the petitioner-society filed W.P.No.1953 of 2002 and this Court allowed the said Writ Petition on 1
