A compromise decree in a civil suit cannot override the statutory declaration and vesting of land as surplus under the Urban Land (Ceiling and Regulation) Act, 1976; statutory remedies must be exhausted to challenge such administrative proceedings.

COMMON ORDER:

1. This Writ Petition has been filed to declare the action of the respondents including its subordinates in proposing to conduct auction of the petitioner’s land admeasuring Acre 0.36 guntas in Sy.No.76, which is shown as Sy.No.76/2 by the respondents, situated at Hafeezpet, Serilingampally Mandal, R.R. District, by erecting sign boards, as illegal, arbitrary and without authority besides being violative of the principles of natural justice and right to property guaranteed under Article 300A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the above mentioned land.

2. This Writ Petition has been filed to declare the proceedings No.H2/4/83, dt.23.01.1998, issued by the 2nd respondent under Section 10(6) of the Urban Land (Ceiling and Regulation) Act, 1976(for short ‘the ULC Act’) as illegal, arbitrary, without jurisdiction and violative of Articles 14, 300A of the Constitution of India and to set aside the same, and consequently, direct the respondents not to dispossess the petitioners from the land admeasuring Acre 0.36 guntas in survey No.76 (shown by the 3rd respondent as Sy.No.76/2) in Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District.

3. Since the parties are one and the same and the lis involved is interconnected, both the Writ Petitions are taken up for analogous hearing and disposed of by this common order.

4. For convenience sake, the partier hereinafter will be referred as they are arrayed in WP.No.21803 of 2007.

Brief facts of the cases:

5. The petitioner is the absolute owner and possessor of land admeasuring Acres 3.10 guntas situated in Sy.No.76 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District and that both the petitioner and his father were owners of land admeasuring Acres 4.31 guntas situated in Sy.Nos.70, 71, 72, 73 & 76 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District, and after the demise of his father, the petitioner is in possession and enjoyment of total extent of land admeasuring Acres.7.31 guntas in the aforesaid survey numbers.

6. The petitioner contends that when respondent Nos.4 and 5 attempted to interfere with his possession and enjoyment over the said property, he was constrained to approach the Civil Court by filing O.S. No.215 of 1980 on the file of the learned District Munsiff, West & South Hyderabad, seeking declaration of title and consequential injunction and during the pendency of the said suit, the petitioner and respondent Nos.4 and 5 entered into a compromise, and in terms thereof, the suit came to be decreed, declaring the petitioner as the absolute owner and possessor of the land admeasuring Acres 7.31 guntas in Survey Nos.70, 71, 72, 73 and 76 of Hafeezpet Village.

7. It is further stated that, pursuant to the said decree, the petitioner approached the revenue authorities for mutation of his name in the revenue records and upon verification of the relevant records, the authorities effected mutation in his favour and issued pahanies reflecting his name, however, issuance of pattadar passbook and title deeds remained pending. While matters stood thus, in February 2006, the 3rd respondent allegedly erected a signboard in the petitioner’s land to an extent of Acre 0.36 guntas out of Acres 3.10 guntas in Survey No.76, indicating that - “For sale of HUDA Land, auctio