HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER

This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.3 in straightaway demolishing a part of eastern side compound wall of the petitioner’s land admeasuring Acs.4.00 guntasin Sy.Nos.307/2/27 to 307/2/31, situated Gajularamaram Village, Qutubullapur Mandal, Ranga Reddy District, Hyderabad (hereinafter referred to as ‘subject land’), without issuing any notice, and threatening to dispossess the petitioner from the subject land, as illegal, arbitrary and violative of Article 300-A of Constitution of India.

2. Heard Sri Ghanta Rama Rao, learned senior counsel appearing for Sri Mohd. Islamuddin Ansari, learned counsel-on- record for the petitioner, and Sri K.Ravi Mahender, learned Standing Counsel for respondents.

3. Learned senior counsel appearing for petitioner submitted that petitioner is owner of the subject land having acquired the same under registered sale deed bearing document No.9384/2000, dated 08.12.2000 from his vendor, who became owner of the same by virtue of the Certificate issued under Section 38-E of the Telangana Tenancy Act. He further submitted that the name of the petitioner was mutated in the revenue records and an NoC was also issued in favour of petitioner by the District Collector, vide Lr.No.E5/4445/2004, dated 11.06.2004. While the matter stood thus, respondent No.3 without any notice, came to the subject land and demolished a part of compound wall on its eastern side, i.e., about an extent of 20 feet out of 1100 feet and on resistance from the petitioner, the respondents stopped further demolition.

3.1. Learned senior counsel further submitted that the erstwhile State of Andhra Pradesh allotted an extent of Acs.20.00 guntas out of Acs.238.00 guntas to erstwhile Qutubullapur Municipality in Sy.No.307/1 of Gajularamaram Village, Qutubullapur Mandal, Ranga Reddy District, for the purpose of dump yard and the same is being used by Qutubullapur Municipality as such till 2007 and later, the said land was allotted to APSFC. He further submitted that the said land allotted to erstwhile Qutubullapur Municipality and the petitioner’s land has a common boundary wall and he finally submitted that the action of respondent No.3 in demolishing the eastern side compound wall of the petitioner’s land without any notice is improper and illegal and therefore, prays to allow the Writ Petition.

4. Per contra, learned Standing Counsel appearing for respondents, by referring to the counter-affidavit filed by respondent Nos.1 to 3, submitted that an extent of Acs.20.00 was allotted to Qutubullapur Municipality and the same was handed over to it under the cover of panchanama along with sketch plan and the respondents are erecting a compound wall to safeguard the said property. In the counter, it is specifically denied that respondent No.3 started demolishing the eastern side compound wall of the subject land of the petitioner on 07.07.2016 with a JCB. 5. It is not in dispute that the petitioner has purchased the subject land under registered sale deed, as stated supra, and his name has also been mutated in the revenue records. It is the specific case of the petitioner that he has got constructed a compound wall encircling Acs.4.00 guntas. On the other hand, respondent contended that an extent of Acs.20.00 was allotted to the erstwhile Qutubullapur Municipality and the same was being used as dump yard by them till 2007.

6. Though the respondents contended that they have not demolished a part of eastern side compound wall of the petitioner’s subject land, and in fact, they were only trying to erect a compound wall, the photographs filed along with Writ Petition would show that the compound wall is partly demolished.

7. Further, the counter-affidavit filed by the respondents is silent as to the issuance of any notice to the petitioner before undertaking the demolition of compound wall. The respondents ought to have issued notice to the p