Telangana High Court
Madhusudan Reddy Anumula vs The State Of Telangana And 16 ... on 16 February, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION (PIL) No.8 of 2020
ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present public interest litigation has been filed by one
Madhusudan Reddy Anumula impleading as many as 17 respondents,
including BHEL Employees Model Mutually Aided Cooperative House
Building Society Limited (for short, "the Society").
It has been stated in the present public interest litigation that
Government land has been encroached by the Society as well as other
persons and that the land has been sold by respondent No.3 to
respondent No.12 - Society.
At the outset, learned counsel appearing for respondent No.12,
Society, has drawn the attention of this Court towards the judgment
dated 07.04.2021 delivered in W.P.No.15041 of 2019.
This Court has carefully gone through the judgment delivered by a
Division Bench of this Court and the same reveals that earlier also the
dispute has travelled to this Court. The judgment also reveals that the
Society came up before this Court for quashment of order dated
13.02.2017 passed under Section 22-A(1)(a) of the Registration Act,
1908, by which the land in question was listed under the prohibitory list.
The judgment further reveals that the land was sold by M/s. SSPDL to
the Society. The Division Bench of this Court in paragraphs 75 till last
has held as under:
"75. These documents prima facie prove the case of the
petitioner and the private respondent Nos.7 to 9 that the land in
Sy.No.30 of Osmannagar Village and Sy.No.191 of Kollur Village
was assigned to ex-servicemen and that they had alienated the
lands after the expiry of ten years from the dates of assignments.
76. None of the above documents are disputed by the learned
Government Pleader, appearing for respondent Nos.1 to 6.
77. So, notwithstanding the fact that respondent Nos.1 to 6
contend that the Record of Assignment of these lands is "not
available", there is enough material to hold that the prohibition for
assignment of these lands under the A.P. Assigned Lands
(Prohibition of Transfer) Act, 1977 is not attracted to the said land
since the alienations were made by the ex-servicemen more than
ten years after the dates of assignment.
78. Consequently, the respondent Nos.1 to 6 are not entitled to
put these lands in the Prohibitory Register invoking sub-Section
(1)(a) of Section 22A of the Act.
79. Therefore, proceedings / Letter No.D1/1221/2016
dt.13.02.2017 issued by the District Collector, Sangareddy District
is set aside insofar as lands in Sy.No.30/P of Osmannagar Village
and Sy.No.191/P of Kollur Village are concerned.
80. Respondent Nos.4 to 6 are directed to register the
conveyance deeds/sale deeds executed by the petitioner-Society in
favour of its members in respect of the houses constructed/built
in land covered by sale deed dt.04.02.2015 (Document No.4367 of
2015) on the file of District Registrar, Sangareddy if they are
presented by the petitioner-Society subject to compliance with all
other formalities relating to payment of stamp duty and
registration charges without objecting that the land covered by the
said documents is mentioned in the proceedings/Letter
No.D1/1221/2016 dt.13.02.2017 issued by the District Collector,
Sangareddy District.
81. Though respondent Nos.7 to 9 have disputed the title of the
petitioner to the land claimed by it, they supported the petitioner's
case insofar as the petitioner had challenged inclusion of the
lands in Sy.No.30/P of Osmannagar Village and Sy.No.191/P of
Kollur Village and adopted the contentions of counsel for
petitioner.
82. We make it clear that we have not expressed any opinion on
the right, title or interest of respondent Nos.7 to 9 vis-à-vis the
petitioner, and the same would have to be decided in an
appropriate forum in an appropriate proceeding uninfluenced by
any observations made in this order.
83. Accordingly, the Writ Petition No.15041 of 2019 is allowed;
proceedings/Letter No.D1/1221/2016 dt.13.02.2017 issued by
the District Collector, Sangareddy District is set aside insofar as
lands in Sy.No.30/P of Osmannagar Village and Sy.No.191/P of
Kollur Village are concerned; Respondent Nos.4 to 6 are directed
to register the conveyance deeds/sale deeds executed by the
petitioner-Society in favour of its members in respect of the
houses constructed/built in land covered by sale deed
dt.04.02.2015 (Document No.4367 of 2015) on the file of District
Registrar, Sangareddy if they are presented by the petitioner-
Society subject to compliance with all other formalities relating to
payment of stamp duty and registration charges without objecting
that the land covered by the said documents is mentioned in the
proceedings/Letter No.D1/1221/2016 dt.13.02.2017 issued by
the District Collector, Sangareddy District; and the respondents 1
to 6 shall pay costs of Rs.10,000/- to the petitioner."
The writ petition was allowed with costs of Rs.10,000/-. The facts
further reveal that SLP No.7227 of 2021 was also preferred against the
aforesaid judgment by respondent No.17, Bommireddy Vidyanath Reddy,
before the Hon'ble Supreme Court and the same has been dismissed on
30.06.2021.
In the considered opinion of this Court, once the controversy
involved in the present case in respect of the same land has already been
adjudicated in the earlier writ petition, the present public interest
litigation is dismissed with a liberty to file a fresh public interest
litigation in respect of any other Government land, which has been
encroached by any other person.
Miscellaneous petitions, if any, shall stand closed. There shall be
no order as to costs.
__________________________________
SATISH CHANDRA SHARMA, CJ
________________________________
ABHINAND KUMAR SHAVILI, J
16.02.2022
ES
