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2025 Supreme(Online)(Tel) 26279

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA,THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Sri. K.Praveen Kumar – Appellant
Versus
The Assistant Commissioner of Income Tax – Respondent
WP 15382/2025



HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

AND

HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

WRIT PETITION No. 15382 OF 2025

O R D E R (per Hon’ble Sri Justice Nagesh Bheemapaka)

Heard Mrs. R. Shailaja, learned counsel for

petitioner, Sri N. Praveen Reddy, learned Standing Counsel for Respondents 1 and 2 and Sri Gadi Praveen Kumar, learned

Deputy Solicitor General on behalf of Respondent No.3.

2. The conspectus of the facts that are narrated in the Writ petition are that petitioner became the co-owner of land admeasuring Acs. 25-00 out of Acs. 47-00 in Survey No. 80/D, situated at Hafeezpet Village, Serilingampally Mandal, R.R. District, pursuant to a registered Settlement Deed bearing Document No. 2630 of 2016, dated 10.3.2016. The settlement was executed in petitioner's favour as he was instrumental in protecting the land from encroachments and incurred expenditure for its preservation while being in peaceful possession of the same. Petitioner was a renowned international Badminton player and represented India in several tournaments. He was ranked No. 1 in the Country in the early 90s. On account of petitioner's successful career in badminton, he garnered a fair name throughout India and had also made contacts with the creamy layer of the Society. Because of

petitioner's flourishing career, he was granted appointment in the State Bank of India and worked in the bank up to 2007, when petitioner resigned as the Assistant Manager in State Bank of India. Pursuant to petitioner's resignation in 2008, he entered into the field of real estate and on his wife's request, petitioner visited Survey No. 80 of Hafeezpet Village in order to localize and identify the property purchased by his wife K. Haritha and others vide registered Sale Deeds bearing Document Nos. 2667 of 2006, 3669 of 2006, 3681 of 2006, dated 19.01.2006, 3733 of 2006, 9233 of 2006, dated 20.01.2006, 9234 of 2006 and 9235 of 2006, dated 23.01.2006 followed by registered Ractification Deeds bearing document Nos. 4421 of 2006, 4422 of 2006, 4423 of 2006 and 4424 of 2006 all dated 28.02.2006, registered in the office of Joint Sub Registrar II Ranga Reddy in respect of lands in Sy.No.80 of Hafeezpet Village. Thereafter, petitioner entered onto the open land belonging to his wife which was available in Survey No. 80 and had protected the same by making a compound wall over part of the available open land. From 2007 onwards till about 2015, petitioner handled multiple attempts which were made to dispossess him. Once such instance is in and around 2007, at the behest of CPI Party, thousands of illegal huts were sought to be erected on the land where petitioner was in possession.

Petitioner/family members by following due process of law, ensured that illegal huts were dismantled and removed. Apart from major incidents, on multiple occasions, third parties tried to encroach upon the said land and tried to raise illegal structures/attempt to dispossess petitioner, but petitioner had resisted/thwarted the said illegal encroachments/attempts by using the remedies available under law and was able to protect the land in petitioner's possession.

3. It was further stated that when in 2015, M/s Greater Golconda Estates Private Limited and others tried to interfere with his peaceful possession and enjoyment over the said land, such attempts to dispossess the petitioner forcefully were legitimately resisted and repelled. On noticing strong resistance and considering petitioner's possession over the said land, M/s Greater Golconda Estates Private Limited and others decided to amicably settle the matter with petitioner. It was further stated that petitioner realized the fact that though he was in peaceful possession and enjoyment of the said property, the flow of title by M/s Greater Golconda Estates Private Limited and others was also found to be legally-valid in the eye of law and as such, petitioner had agreed for the proposal of M/s Greater Golconda Estates Private Limited and others to settle the ma

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