THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.22627 OF 2020

ORDER :

This Writ Petition is filed seeking a writ of mandamus declaring the action of the respondent authorities in interfering with the petitioner's possession and title over the property bearing Door No. 168/P on Plot No. 5, admeasuring 272 square yards, situated opposite ESI Hospital, Erragadda (hereinafter referred to as the 'subject property'), as illegal, arbitrary, and violative of the principles of natural justice. The petitioner claims to have acquired valid title through registered documents in accordance with the provisions of the Registration Act and the Transfer of Property Act and has been in continuous possession of the subject property for over 50 years. The petitioner, therefore, seeks a consequential direction to restrain the respondent authorities from interfering with or attempting to dispossess him from the subject property without due authorization and sanction of law.

2. Learned counsel for the petitioner submits that the property bearing H.No. 8-3-168 was originally owned and possessed by Sri Surya Narayana Rao and Sri Ranga Rao. They sold the said property, after dividing it into several plots, in the year 1971 through a firm named Estate Sales Corporation. The vendor of the petitioner, Smt. Padma Bai Abraham, purchased the subject property through a registered sale deed bearing No. 347/1972, dated 01.12.1972, registered at the District Registrar Office, Hyderabad, from the said Sri Surya Narayana Rao and Sri Ranga Rao.

3. Subsequently, the petitioner purchased the subject property from Smt. Padma Bai Abraham through a registered sale deed bearing No. 2292/2003, dated 05.07.2003, registered at the Sub-Registrar Office, Hyderabad. Learned counsel further submits that the petitioner’s vendor had earlier submitted an application to the Tahsildar, Urban Taluq, Hyderabad, seeking a No Objection Certificate (NOC) in respect of the subject property. Vide Letter No. D/4306/1978, dated 11.06.1978, the Tahsildar issued a No Objection Certificate stating that the property bearing H.No. 8-3- 168 is private patta land and not Government land. Counsel also submits that the petitioner has obtained water and electricity connections for the subject property. Since the date of purchase, the petitioner has been in peaceful possession and enjoyment of the said property.

4. It is submitted that when the official respondents attempted to interfere with the petitioner's peaceful possession and enjoyment of the subject property, the petitioner filed W.P. No. 25271 of 2010, which is still pending adjudication. Subsequently, when the respondents sought to acquire the land for the Metro Rail project, the petitioner filed W.P. No. 41345 of 2014. That writ petition was disposed of with a direction to the official respondents not to dispossess the petitioner without following due process of law.

5. Further, when the respondents issued notices under the Land Encroachment Act, the petitioner filed W.P. No. 13492 of 2017. This Court, while granting status quo as on that date in all respects for a period of five weeks, disposed of the writ petition granting liberty to the petitioner to file an appeal before the Revenue Divisional Officer, Hyderabad. The appellate authority was directed to consider and pass orders on the application for condonation of delay as well as on the application seeking interim relief.

6. It is also submitted that this Hon’ble Court, in similar circumstances, passed orders in W.P. No. 15564 of 2011, dated 26.06.2012, holding that the petitioner therein shall not be dispossessed from the subject land. However, the petitioner therein was also directed not to raise any construction on the subject land until further orders.

7. Learned counsel for the petitioner mainly contends that, since the date of purchase, the petitioner has been in lawful possession and enjoyment of the subject property, having acquired the same from his vendor for valid sale consi