THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.22438 of 2024

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue a Writ, Order or Direction more in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Second and Third Respondent in entertaining registrations of sale deeds, conveyance deeds or documents in respect of the land in Sy.No.633, Kapra Village, Kapra Mandal (formerly Keesara Mandal), Medchal- Malkajgiri District, admeasuring Ac.7-00 Gts contrary to the rights of the Petitioners by virtue of the registered sale deeds dated 17/02/2003 vide Doct No.1659 of 2003 in respect of Plot No.86 in Sy. No.633, Kapra Village, Keesara Mandal (currently Kapra Mandal), RR District (currently Medchal- Malkajgiri District) as being illegal, arbitrary and contrary to the provisions of Article 14, 300-A of Constitution of India and consequently direct the 2nd and 3^rd Respondents not to entertain any documents, deeds of conveyances, sale deeds, agreements of sale presented by the Respondents Nos.6 to 12 or their nominees for registration in respect of land in Sy. No.633, Kapra Village, Kapra Mandal (formerly Keesara Mandal), Medchal- Malkajgiri District, admeasuring Ac. 7-00 Gts and place the property in Sy. No. 633, Kapra Village, KapraMandal(Keesara Mandal), Medchal-Malkajgiri District admeasuring Ac.7-00 Gts …”

2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and Sri Srinivas Rao, learned counsel representing Sri M.Durga Prasad, learned Standing Counsel for GHMC, appearing for respondent No.5. perused the record.

3. Learned counsel for the petitioners would submit that respondent No.13 company was the absolute owner and possessor of Ac.7.00 guntas in Sy.No.633, Kapra Village, keesarma Mandal, Ranga Reddy District, having purchased the same from their vendor M.V.Jeswanth Rao and his family members through various registered sale deeds dated 03.12.1999. The names of the original owners were also mutated in the revenue records by virtue of mutation proceedings. Thereafter, the respondent No.13 company had developed plots on the subject property admeasuring Ac.7.00 guntas by virtue of approval granted by the Gram Panchayat covering the entire extent of land and divided the land into plots and developed a venture by the name of “Green Avenue”.

4. It is further submitted that respondent No.13 company approached the petitioner and offered various plots in the venture. Then the petitioner has purchased plot bearing No.86 in the venture. The petitioner is in peaceful possession of his extents of land. The petitioner also constructed a boundary protecting the extents of plot.

5. It is further submitted that in the year 2007, certain unauthorized persons were interfered into the peaceful possession of the extents of the petitioner. Then, the petitioner along with others made a representation to the Assistant Commissioner of Police, Malkajgiri on 09.07.2007 seeking protection. Thereafter, the petitioner along with other plot owners had filed a suit for Perpetual Injunction vide O.S. No.1639 of 2007. Vide order dated 13.07.2007 in I.A.No.2066 of 2007, the petitioners granted status quo in respect of the subject property.

6. It is further submitted that in the year 2014, petitioner had filed a suit in O.S.No.1848of 2014 on the file of the I Additional Senior Civil Judge, Medchal Malkajgiri District, against the unofficial respondents and the same is pending for adjudication. The unofficial respondent Nos.6 to 12 had also filed a suit vide O.S. No.703 of 2014 against the petitioner and other plot owners on the file of the Principal District Judge, RR District at LB Nagar.

7. It is further submitted that on 18.07.2024, the petitioner and other plot owners have constrained to issue legal notice to respondent Nos.2 and 3 not to entertain any registrations of deeds of conveyance, sale deeds or agr