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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
MANIKODA YADAIAH RANGA REDDY DIST AND ANR – Appellant
Versus
DIAMOND HILLS WELFARE ASSN AND 39 OTHERS – Respondent
CRP 5279/2016
Key Points: - The judgment discusses the effect of G.O.Ms.No.183 MA & UD Dept dated 24-03-2000 and Section 102(e) on tenancy rights and jurisdiction of Tenancy Act authorities (!) (!) (!) . - It analyzes whether protected tenancy rights vest and survive despite subsequent urban development classifications and removals under urban development schemes (!) (!) (!) . - It concludes that vested tenancy rights under the Tenancy Act cannot be retrospectively divested by later notifications absent a proper Section 102(e) notification, and that tenancy protections may continue despite urban reclassification, to be adjudicated under the Tenancy Act framework (!) (!) (!) .
Key Points: - The document addresses whether respondents who purchased lands via registered deeds have locus standi to contest 38-E/38-A certificates, especially when lands are reclassified for residential use (!) (!) (!) . - It notes that third-party purchasers are generally strangers to protected tenancy rights and may need to pursue Civil Court remedies, particularly where the land is no longer governed by the Tenancy Act due to notifications (!) (!) (!) . - It also recognizes that with residential zoning, the Tenancy Act may lose applicability, affecting the proper forum for rights adjudication (!) (!) .
Key Points: - The judgment scrutinizes validity of surrender proceedings under Section 19, including requirements of writing, admission before Tahsildar, and good faith, noting that many surrender records were not properly proven (!) (!) (!) . - It discusses that invalid or non-compliant surrenders cannot bind protected tenants and that tenancy rights may persist unless properly extinguished, affecting 38-E/38-A certificates (!) (!) (!) .
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY Civil Revision Petition Nos.5279, 5570, 5631, 5632, 5633, 5634, 5635, 5665, 5666, 5667, 5668, 5680, 5681, 5683, 5686, 5731, 5732, 5858, 6164, 6461, 6479, 6503, 6504 of 2016;
6, 210, 219, 377, 998, 999, 1070, 1071, 1188, 1588, 1882, 1938, 1951, 2046, 2437 and 3160 of 2017 and Writ Petition Nos.3860/2008, 6759/2017 and 11157/2019
COMMON ORDER:
The issues involved in these cases are intrinsically interconnected and therefore, they have been heard together and are being disposed of by this common order.
2. W.P.No.3860 of 2008 is filed seeking following relief:
“…to issue a Writ or order or orders more particularly one in the nature of Writ of Mandamus i) to declare the exemption orders issued by the State Government in G.O.Ms.Nos.1816, dt.18.10.2005; 2183, dt.27.12.2005 etc., recommended by Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, approved building plans of Vice Chairman, HUDA(CDA), Hyderabad vide Lr.No. 13092/BP/CDA/2006, dt.15.5.2007 and the plan sanction approved for multi storied complex vide proceedings G/353/BP/2611/2007, dt.19.5.2007 of Deputy Municipal Commissioner, Serilingampally, Greater Hyderabad Municipal Corporation as illegal;
ii) to set aside the same as urged by the Joint Collector-1, Ranga Reddy District vide Lr.No.AO/W/264/75, dt.20.10.2007 as the respondents 12 to 33 have no right to transfer any inch of land in Sy.Nos. 35, 36, 37, 40, 42, 43, 44, 45, 46, 47 and 53 part of Gachibowli Village in view of the surrender of the tenancy claim in proceedings of the Tahsildar in proceedings No.A3/10805/64, dated 18.2.1965; A3/3749/65, dated 2.4.1965; A4/256/1966, dated 16.10.1966 and final list was also published stating that NIL tenancy and its confirmation through orders of Revenue Divisional Officer in LRW/47/75, dt.31.5.1975 and in view of the orders of Hon'ble Supreme Court in Civil Appeal Nos.6093/2006 and 7013/2006 and the status quo orders dt.8.9.2006 granted by the Hon'ble Supreme Court and consequentially;
iii) to direct the respondents 10 and 11 to stop all illegal construction over the disputed land and declare the fraudulent GPA of respondents 13 to 31 in favour of P.Venugopal Reddy the sale deeds bearing doc.Nos.2887/2003, to 2900/2003, executed on 10.3.2003 and sale deed bearing doc.nos. 4646/2001 to 4648/200, dt.27.6.2001, sale deed bearing doc.no.675/05, dt.29.8.2003, agreement of sale cum GPA doc.nos. 4513/2006, dt.22.6.2001, doc.no.10536/2006, dt.8.5.2005, development-cum-GPA doc.no.8355/06, dt.10.4.2006 and doc.no.4136/2006, dt.20.2.2006 and;
iv) declare the subsequent sale transactions in Sy.No.46 of Gachibowli Village are null and void in view of the fraud and statutory provision…”
3. Civil Revision Petition Nos.5279, 5570, 5631, 5632, 5633, 5634, 5635, 5665, 5666, 5667, 5668, 5680, 5681, 5683, 5686, 5731, 5732, 5858, 6164, 6461, 6479, 6503, 6504 of 2016; 6, 210, 219, 377, 998, 999, 1070, 1071, 1188, 1588, 1882, 1938, 1951, 2046, 2437 and 3160 of 2017 under Section 91 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short “the Tenancy Act, 1950”) are filed challenging the common order dated 24.09.2016 passed in Case No.F2/5408/2013 and batch, by the Joint Collector-I, Ranga Reddy District.
4. Mr.Yadaiah, (the petitioner, who filed C.R.P No.5279 of 2016), has filed Writ Petition No.6759 of 2017 seeking to declare the inaction on the part of officials of Greater Hyderabad Municipal Corporation (GHMC) in removing the illegal structures made by the unofficial respondents inspite of issuance of Notice No.2702/TPS/C- 11/WZ/GHMC/2017 as illegal, arbitrary and for other appropriate reliefs.
5. W.P.No.11157 of 2019 is filed by the petitioners seeking following relief:
“…to issue order or orders or direction or writ more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in passing impugned orders dt.24.09.2016 in F2/5408/2013 and batch setting aside orders of the
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