HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.35470 OF 2018
ORDER:
The petitioner is aggrieved by the action of respondent No.4
- the Tahsildar, Nampally Mandal, Hyderabad District, in not delivering possession of his property bearing Municipal Nos.5-7- 232/A and 5-7-233 admeasuring 558.5 and 870 square yards of lands, totalling to 1,428.5 square yards situated at Aghapura, Nampally Mandal, Hyderabad and not incorporating his name in the records particularly the Town Survey Land Register pursuant to the order of this Court in W.P. No.21906 of 2011 dated 01.12.2015.
2. The background facts of the case are that W.P. No.21906 of 2011 was filed by the petitioner challenging the eviction order passed by respondent No.4 vide proceedings No.D/1231/2007 dated 04.03.2011 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short 'Land Encroachment Act') as confirmed by the order of respondent No.3 - the Special Grade Deputy Collector cum Revenue Divisional Officer, Hyderabad, 2 Nampally Station Road, Hyderabad, in Appeal No.B/434/2011 dated 27.07.2011 under Section 10(1)(a) of the Land Encroachment Act. Consequential relief was sought in the said writ petition to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner.
3. The case of the petitioner is that when W.P.M.P. No.266801 of 2011 in W.P. No.21906 of 2011 came up for hearing, as the learned Government Pleader represented that the Government has already taken over the subject land, this Court passed an order directing the respondents not to change nature of the subject property. W.P. No.21906 of 2011 was allowed by the order dated 01.12.2015. Challenging the same, W.A. No.1363 of 2017 was preferred by the respondents - Government and the same was disposed of by this Court by the judgment dated 21.03.2018 confirming the order passed by the learned single Judge in the writ petition, however, on the request of the Government, status quo was directed to be maintained for a period of four (4) months therefrom enabling the Government to file a civil suit, if they so choose. It appears that even by the time the present writ petition 3 was instituted, no suit was instituted by the respondents. However, Memo dated 28.03.2019 was filed by the petitioner enclosing a copy of the order in I.A. No.2952 of 2018 in O.S. No.756 of 2018 dated 19.02.2019, whereby injunction application filed by the respondents was dismissed.
4. Heard Mr. Shyam S. Agrawal, learned counsel for the petitioner, and Mr. Harender Prashad, learned Special Government Pleader, and perused the material on record.
5. The learned Special Government Pleader has submitted that pursuant to the judgment passed by this Court in W.A. No.1363 of 2017 dated 21.03.2018, suit in O.S. No.756 of 2018 was instituted by the Government before the learned III Additional Chief Judge, City Civil Court, Hyderabad, and the injunction application in I.A. No.2952 of 2018 filed by the Government seeking injunction order against the petitioner was dismissed by the order dated 19.02.2019.
6. From a perusal of the order in W.A. No.1363 of 2017 dated 21.03.2018, this Court finds that the Government was 4 granted interim protection for a period of four (4) months. As the injunction application in I.A. No.2952 of 2018 in O.S. No.756 of 2018 was dismissed by the trial Court by the order dated 19.02.2019, the Government is bound to implement the order passed by this Court in W.P. No.21906 of 2011 dated 01.12.2015 and there is no embargo for the petitioner to seek delivery of possession of the subject property.
9. Therefore, the writ petition is allowed directing the respondents - Government to deliver possession of the property bearing Municipal Nos.5-7-232/A and 5-7-233 admeasuring 558.5 and 870 square yards of lands, totalling to 1,428.5 square yards situated at Aghapura, Nampally Mandal, Hyderabad, to the petitioner within a period of three (3) weeks from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J April 7, 2022.
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