THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO.10614 OF 2010

ORDER:

The instant Writ Petition is filed to declare the action of respondent in interfering with the peaceful possession and enjoyment of the petitioner over the land admeasuring Ac.1.00 gts in Sy.No.41/7, situated at Khanamet Village, Seerilingampaly Mandal, Hyderabad as illegal, arbitrary and violation of Article 300-A of Constitution of India.

2. The case of the petitioner is that he along with his two brothers, jointly purchased land admeasuring Ac.1.00 gts in Sy.No.41/7, situated at Khanamet Village, Serilingampally Mandal, under a registered sale deed dated 04.01.1995 from its original owners, Sri D. Ramesh and others. Since the date of purchase, he along with his brothers are in joint possession and enjoyment of the land and in the year 2001, the Mandal Revenue Officer and officials of Serilingampally Municipality interfered with the petitioner’s possession, which led him to file W.P. No.25050 of 2001 before this Court and this Court vide its order dated 07.12.2001, disposed of the writ petition, directing the respondents therein not to demolish any structures without following due process of law and in pursuance of the said order, the petitioner had raised a basement in order to protect his land and contended that he is in possession thereof.

3. It is contended that inspite of the above direction, the officials of the respondent visited the petitioner’s land on 28.04.2010 and attempted to demolish the structures. Aggrieved by the action of the respondents, the petitioner has filed the present Writ Petition, seeking protection from further unlawful interference with his property.

4. Per contra, the respondent has filed counter inter alia stating that the then Government of Andhra Pradesh has allotted land to an extent of Ac.105.13 gts in Sy.No.41/14 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District, to the then Hyderabad Urban Development Authority (for short ‘HUDA’) and the possession of the same was also handed over on 22.04.2008. Subsequently, HUDA was in possession and enjoyment of the said land. Furthermore, the then Government of Andhra Pradesh has dissolved the HUDA vide G.O.Ms.No.572, MA & UD dated 25.08.2008. As per sub section (1) of section 58 of Hyderabad Metropolitan Development Authority Act, 2008 (for short ‘the Act’), the assets and liabilities of the then HUDA vest in the Hyderabad Metropolitan Development Authority.

5. The respondent further contended that the petitioner’s claim towards ownership of land to an extent of Ac.1.00 gts in Sy.No.41/7, situated at Khanamet Village, Serilingampally Mandal is false and fictitious, as the petitioner has not filed any document except filing of bare sale deed to substantiate his claim. As such, the contention of the petitioner is untenable and also asserts that respondent authorities are not aware of the order passed by this Court in W.P No.25050 of 2001 and that the petitioner’s claim is false basing on the fictitious documents.

6. Learned Standing Counsel appearing for respondent submits that the respondent being the statutory authority, never resorted to taking land into their hands and that they would follow due process of law under the Act and prayed to dismiss the Writ Petition.

7. As seen from the record, the only contention raised by the petitioner is that the officials of respondent are interfering with the possession of the land in Sy.No.41/7 to an extent of Ac.1.00 gts, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District. Except filing a bare sale deed, the writ petitioner has not filed any other document to establish a prima facie title or possession and in the absence of the same, petitioner is not entitled for discretionary relief and accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

8. Pending miscellaneous applications, if any, shall stand closed.

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SUDDALA CHALAPATHI RAO, J