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2024 Supreme(Online)(TS) 11276

THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION Nos.28677 and 31353 of 2023

ORDER

Since the issue involved in both these writ petitions is intrinsically interconnected, they are taken up and heard together and are being disposed of by this common order.

2. Writ Petition No.28677 of 2023, under Article 226 of the Constitution of India, is filed by the petitioner/respondent No.6 in Writ Petition No.31353 of 2023, seeking the following relief:

    “….to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein not giving necessary protection to safeguard the petitioner possession over Execution Petition schedule property from illegal interference and encroachments by third parties in compliance of the orders passed by the Hon'ble Division Bench in W.A.No.2012 of 2003 dated 25.11.2003 for smooth implementation of Award/ Decree dated 21.01.2019 passed in O.S.No.225 of 2018 in E.P.No.2185 of 2022 and E.P.No.2186 of 2022 is illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Article 300-A of the Constitution of India, consequently direct the respondent No. 3,4 and 5 to give necessary protection to safeguard the possession over Execution Petition schedule property from illegal interference and encroachments by third parties in compliance of the orders passed by this Hon'ble Court in W.A.No.2012 of 2003 dated 25.11.2003 for smooth implementation of Award/ Decree dated 21.01.2019 passed in O.S.No.225 of 2018 in E.P.No.2185 of 2022 and E.P.No.2186 of 2022 and to pass such other order or orders that are deem fit and proper in the facts and circumstances of the case in the interest of justice.…”

3. Writ Petition No.31353 of 2023, under Article 226 of the Constitution of India, is filed by the petitioners/respondent Nos.6 and 7 in Writ Petition No.28677 of 2023, seeking the following relief:

::2:: “….to issue an appropriate, Writ, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seeking to interfere with the petitioners peaceful possession and enjoyment over the land admeasuring Ac.4-35 Guntas in Survey Nos.9 and 11 situated at Kapra Village and Mandal, Ranga Reddy District, Under GHMC Kapra Circle and Mandal, Medchal- Malkajgiri District as arbitrary, illegal, unjust, unfair and violative of Art.

14, 21 and 300-A of Constitution of India and consequently interdict them from interfering with the petitioners peaceful possession and enjoyment over the said land and pass such other order or orders as are deemed fit and proper in the circumstances of the case.…”

4. The petitioner in W.P.No.28677 of 2023 is respondent No.6 in W.P.No.31353 of 2023 and the petitioners in W.P.No.31353 of 2023 are impleaded as respondent Nos.6 and 7 in W.P.No.28677 of 2023. In both the writ petitions, respondent Nos.1 to 5 are official respondents. For the sake of convenience, hereinafter, the parties are referred as they were arrayed in W.P.No.28677 of 2023. 5. The brief facts that are necessary for disposal of the present writ petitions are stated as under:

    The lands in Survey Nos. 9, 11, 47, 140, 141, 142, 143, 151, 152, 153, 676 and 677, admeasuring about 90.08 acres, situated at Kapra Village, in the erstwhile Medchal Taluk (now Vallabhnagar Taluk) of Ranga Reddy District, Telangana (hereinafter referred to as “the disputed lands”) originally belonged to evacuees who migrated to Pakistan during partition and the said lands were distributed to various allottees, who migrated from Pakistan under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as “the Displaced Persons Act”). The ::3:: Deputy Custodian and Collector, Hyderabad District, after conducting a detailed enquiry in respect to the claim of ownership of the disputed property, issued Notification No.55 in NO CE/4064 to 4080 dated 11-12-1952, declaring the disputed property as an evacuee property under Sectio


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