THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.5265 OF 2012

ORDER:

Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents and perused the material on record.

2. Learned counsel for the petitioners submits that the petitioners are questioning the action of the respondent No.2 in demolishing the compound wall and interfering with the possession of the petitioners over their Plots bearing No.360/2 land admeasuring 130 Sq. Yards in Sy.No.69 situated at Miyapur Village, Serilingampally Mandal, Ranga Reddy District, without following due process of law.

3. Learned counsel for the petitioners further submits that while admitting the matter, this Court has granted interim order dated 29.02.2012 by directing the respondent authorities not to interfere with the possession of the petitioners in respect of the subject property. In view of the same, requested this Court to allow the writ petition by directing the respondents not to interfere with the possession of the petitioners in respect to the subject property without following due process of law.

4. On the other hand, basing on the counter filed by the respondent No.2, learned Assistant Government Pleader for Revenue submits thatthe land owners have taken advantage of the patta land in Sy.No.69 and some illegal purchasers occupied the Government land in Sy.No.69/1 admeasuring Ac.19-14 guntas and constructed some structures. In view of the same, a Supplementary Sethwar issued in respect of Sy.No.69/1, which is pending before the Commissioner/Director, Survey, Settlement and Land Records, Hyderabad.The petitioners approached this Court merely stating that they have purchased the subject land as there is no documents will be entertained by the Registration Department and encroached the Government land. In order to protect the Government land, respondents have interfered with the possession of the petitioners to stop illegal encroachments and in proceeding with the construction.

Hence, requested this Court to dismiss the writ petition.

5. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that there is dispute with regard to the boundaries between Sy.Nos.69 and 69/1 as the petitioners having patta land in Sy.No.69 and the Government land belongs to Sy.No.69/1. The contention of the respondents is that under the guise of patta land in Sy.No.69, the pattadars are occupying the Government land in Sy.No.69/1, there is pending Supplementary Sethwar issued in respect of Sy.No.69/1 before the Commissioner/Director, Survey, Settlement and Land Records, Hyderabad. It is contended that the petitioners are the encroachers of the Government land, but the respondents failed to file land encroachment proceedings against the petitioners in their counter.

6. It clearly shows that the dispute is with regard to boundaries of the Sy.Nos.69 and 69/1. If the respondents want to take action against the petitioners for encroaching the land in Sy.No.69/1, they have to conduct survey in Sy.Nos.69 and 69/1 in the presence of the petitioners. After conducting survey, if the petitioners encroached the Government land in Sy.No.69/1, the respondent authorities are at liberty to take appropriate steps including land encroachment proceedings under Telangana Land Encroachment Act, 1905.

7. Moreover, the respondent authorities not filed any document showing service of notice on the petitioners under the Telangana Land Encroachment Act, 1905 for evicting them from the Government Land. In view of the same, without following due process of law, the respondents have no right to evict the petitioners from the suit schedule property.

8. In view of the above circumstances, this Writ Petition is disposed of directing the respondent authorities not to interfere with the possession of the petitioners’ plot No.360/2 admeasuring 130 Sq. Yards each in Sy.No.69 situated at Miyapur Village, Serilingampally