THE HON’BLE SRI JUSTICE K.SARATH

ORDER:

Heard Sri Katika Ravinder Reddy, learned Counsel appearing for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the entire material on record. 2. Learned Counsel for the petitioner is not pressing against the respondent Nos.5 to 13. In view of the same, the writ petition is dismissed against the respondent Nos.5 to 13.

3. Learned Counsel for the petitioner submits that the petitioner is questioning the action of the respondents in interfering with the possession and enjoyment of the petitioner’s land in Sy.No.136/1 admeasuring 3424 Square yards at Nagole Village, Ranga Reddy District and destroying the fencing made by the writ petitioner.

4. Learned Counsel for the petitioner further submits that the petitioner is the owner of the property to an extent of 3424 Square Yards equivalent to 29 guntas in Sy.No.136/1 of Nagole Village, Ranga Reddy District and the respondents are interfering with the possession of the petitioner by removing the fencing in spite of petitioner purchased the property through registered Sale Deeds bearing Document No.27077/2015, dated 30.12.2015 and Document No.20315/2016, dated 10.08.2016.

5. Learned Counsel for the petitioner further submits that adjacent to the land of the petitioner in Sy.No.136/1, there is a Government land in Sy.No.135 and the respondent Nos.5 to 7 have erected a Board in the property of the petitioner as it is a Government land. The respondent No.4 has written to the District Collector seeking clarification and on the basis of the clarification issued by the District Collector, the matter was referred to the Assistant Director, Survey and Land Records for demarcating the land in Sy.No.135 and 136 of Nagole Village and the Assistant Director of Survey and Land Records after conducting the Survey has demarcated the lands in Sy.No.135 and 136 along with the assistance of the Mandal Surveyor and fixed the boundaries by duly conducting a Panchanama and submitting a report along with sketch maps. Subsequently, the District Collector, Ranga Reddy District has also directed the Tahsildar, Uppal Mandal to remove the sign board in Sy.No.136 and relocate the same in Sy.No.135 which is a Government Land vide letter No.E4/3279/2016, dated 23.08.2016 and based on the same the Tahsildar, Uppal Mandal issued a memo vide Letter No. B/312/2016, dated 26.08.2016 to the Mandal Revenue Inspector (MRI) and Village Revenue Officer (VRO) to relocate the sign board and in compliance of the same the board was relocated. While it being so, the respondents without any notice have illegally entered into the private land of the petitioner in Sy.No.136/1 and destroyed the fencing done by the petitioner. In view of the same, the said action of the respondents is arbitrary and illegal and requested to direct the respondents not to interfere with the possession of the petitioner.

6. On the other hand, the learned Assistant Government Pleader for Revenue basing on the counter filed by the respondent No.4 submits that the respondents are not interfering with the possession of the petitioner in Sy.No.136/1 and further stating that the petitioner has encroached the Government land in Sy.No.135. In view of the same, they are interfering with the possession of the petitioner. Moreover, after passing interim order by this Court dated 31.10.2017, the petitioner has encroached 22 guntas of the land in Sy.No.135. In view of the same, there is no merit in the writ petition and requested to dismiss the writ petition by passing appropriate orders.

7. After hearing both sides and perusing the material on record, this Court is of the considered view that the petitioner is the owner of the property to an extent of 3424 Square Yards equivalent to 29 guntas in Sy.No.136/1 of Nagole Village, Ranga Reddy District. He purchased the property and there is no dispute with regard to the ownership of the petitioner. Now the ca