THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.46367 of 2016

ORDER

Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 4. With their consent, this writ petition is being taken up for disposal.

2. This writ petition is filed seeking following prayer:-

“a) to declare the action of the respondents in seeking to trespass, disturb and interfere with the ownership, peaceful possession and enjoyment of the petitioners plot Nos.237 and 238 admeasuring an extent 1003.2 Sq.mts in Sy No.66/2 situated in Rayadurg NavKhalsa village, Serilingampally Mandal, R.R District, as illegal, arbitrary, without power, authority and jurisdiction and against Article 14, 21 and 300-A of the Constitution of India.

b) Consequently direct the respondents to perpetually restrain from trespassing disturbing and interfering with the ownership, peaceful possession and enjoyment of petitioners plot Nos.237 and 238 admeasuring an extent 1003.2 Sq.mts in Sy No.66/2 situated in Rayadurg NavKhalsa village, Serilingampally Mandal, R.R District.”

3. Brief facts in this writ petition are that the petitioner No.1 claims to be the owner and possessor of plot Nos.237 and 238 admeasuring an extent 1003.2 Sq.mts respectively., in Sy.No.66/2, situated in Rayadurg NavKhalsa village, Serilingampally Mandal, R.R District, having acquired the same vide registered sale deed bearing No.9763 of 2003 dated 08.08.2003. Thereafter, the petitioner No.1 with an intention to gift plot No.238, admeasuring to an extent 600 Sq.yards to his daughter i.e., petitioner No.2 executed the gift deed and the same was registered vide document bearing No.8231 of 2015 dated 02.12.2015.

It is submitted that when the respondent authorities started interfering with the peaceful possession of the owners of land in Sy.No.66/2, Raidurg Navkhalsa (V), Serilingampally Mandal, Ranga Reddy District, all the owners formed an association in the name an style as ‘Naga Hills Welfare Association- I’ and the said association had filed O.S.No.98 of 2004 on the file of V Addl. Dist. Judge FTC R.R District, for declaration of title and perpetual injunction and the Trial Court vide common Judgment dated 31.12.2005 dismissed O.S.No.98 of 2004 along with O.S.No.92 and 97 of 2004. Aggrieved by the order dated 31.12.2005, Naga Hills Welfare Association-I preferred an appeal i.e., A.S.No.36 of 2006 and this court vide common judgement dated 29.09.2008 allowed A.S.No.36 of 2006. Challenging the Judgment dated 29.09.2008, Government preferred an appeal bearing CC 10830-10834 of 2011 before Hon’ble supreme Court and the same was dismissed on 04.01.2012.

4. Learned counsel for the petitioners submits that the petitioners made an application for regularization of the subject plots and the same were regularized vide proceeding No.LRS/5735/CR-11/West Zone/HO/GHMC/2008 dated 12.02.2013. Later, petitioners have constructed a compound wall around the subject property. Thereafter, the respondent authorities on the ground that the subject property is on government land again started interfering with the petitioners peaceful possession over the subject property and without issuing any notice conducted survey and fited poles, flag poles and started raising pillars on the subject property. Aggrieved by the same, the present writ petition is filed.

5. Learned counsel for the petitioners submits that this Court on

30.12.2016, passed the following order:-

“The petitioners as well as the respondents shall maintain status-quo in all respects. It is made clear, so far as the respondents are concerned, they shall not interfere with the lands covered under the Judgment of the Division Bench of this Court dated 29.09.2008, passed in A.S.No.36 and 37 to the extent of the petitioners herein.”

6. Learned counsel for the petitioners further submits though the matter attained finality and the Hon’ble Supreme Court in CC 10830-10834 of 2011 vide judgment dated 04.01.2012 h