Writ jurisdiction under Article 226 of the Constitution cannot be invoked for the adjudication of complex disputed questions of title, ownership, or possession of immovable property, which require a detailed appreciation of documentary evidence and proof best suited for a competent civil court.

O R D E R:

Petitioner claims to be the absolute owner and possessor of the property bearing SCB House No.04-08-329 situated in Survey No.169/2, admeasuring 176.66 square yards, abutting Picket, West Marredpally Village Road, Secunderabad Cantonment, having purchased the same under a registered Sale Deed bearing Document No.1645/2018 dated 08.08.2018 from (1) Mr. Rama Raju Chandrakala W/o late R. Narasimha Rao, (2) Ms. Rama Raju Anusha D/o Mr. R Narasimha Rao, (3) Sri M. Prashanth Babu S/o Late Mr. Paramaiah, (4) Mr. Mohd. Vasiuddin S/o Mr. Mohd. Rafiuddin and (5) Mr. M. Santhosh S/o Mr. M. Satyanarayana Murthy and has been in possession and enjoyment of the property since then.

1.1. It is stated, originally the property belonged to Sri M.A. Raheem who purchased the land from the Pattadar Late Dr. Pulla Reddy Bolumpalli of Bowenpally, Secunderabad and the land in Survey No.169/2 is classified as B-2 land under the management of the State Government as per revenue records, and the said Mr. M.A. Raheem constructed a pan tile house in 1962 and resided therein till 12.04.2007. Upon his death in 1989, his son Mr. M.A. Aleem succeeded to the property and obtained building sanction for an area of 1071 square feet vide Secunderabad Cantonment Board Resolution No.3(26) dated 28.04.1978 and constructed the house after demolishing the old structure.

1.2. Sri M.A. Aleem executed a registered Gift Deed dated 18.11.2006 bearing Document No.2330/2006 in favour of his son Mr. Mohd. Azmath Aleem, who, in turn, sold the property to (1) Mr. R. Narasimha Rao S/o Mr. R. Chandra Mouli, (2) Ms. Rama Raju Anusha, (3) Sri M. Prashanth Babu, (4) Mr. Mohd. Vasiuddin and (5) Mr. M. Santhosh vide registered Sale Deed bearing Document No.701/2007 dated 12.04.2007, and thereafter, Petitioner purchased the same under Sale Deed dated 08.08.2018. After purchase, he made an Application dated 04.02.2019 for mutation and the Secunderabad Cantonment Board issued proceedings bearing No.SCB/TS/Mutation/F/1019 dated 26.07.2019 mutating the property in his name, assigning SCB House No.04-08-329 and Petitioner has been paying property tax.

1.3. Petitioner intended to renovate the existing structure, which was about 40 years old, and on the advice of the Area Engineer, submitted the Application dated 18.11.2019, which was refused vide letter dated 27.11.2019 on the ground that the land falls in GLR Survey No.481/268 classified as B-4 vacant land under the management of the Cantonment Board. According to petitioner, the said objection is contrary to the earlier building sanction granted vide Resolution No.3(26) dated 28.04.1978 in respect of the same property and is inconsistent, and the direction to resubmit plans indicates lack of certainty in the Respondent's stand.

1.4. Upon representation, the Chief Executive Officer addressed the letter dated 07.01.2020 to the Defence Estate Officer seeking survey and no objection who vide letter dated 12.02.2020 clarified that the land falls in GLR Sy.No.474 classified as B-2 under State Government and that no defence land is involved. Further, the District Collector, Hyderabad, vide letter dated 01.05.2021, based on joint survey by the Revenue Divisional Officer, Secunderabad and Tahsildar, Tirumalgiri Mandal, clarified that land admeasuring 119 square yards in Sy.No.169/2 is classified as B-2 Patta and also noted that an extent of 50 square yards falls in Sy.No.170 classified as "Abadi Gramam Sarkari".

1.5. Despite such clarifications from two authorities that the land does not belong to the Central Government, Respondent failed to consider the same and continued to treat the land as B-4 land, which amounts to non-application of mind, contends p