Rajuvanthi Bai vs The State Of Telangana
2022 Latest Caselaw 3099 Tel

     THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


                WRIT PETITION NO.2950 OF 2020,

               WRIT PETITION NO.22051 OF 2020,

                WRIT PETITION NO.6819 OF 2021
                                  AND
                WRIT PETITION NO.20463 OF 2021

                          COMMON ORDER

      Brief facts leading to the filing of all these Writ Petitions are that

the land in Survey Nos.104, 105, 106 and 113 (Part) of Puppalaguda

Village originally belonged to one Syed Shah Sadiq Mohiuddin who

was allegedly the Inamdar and after his demise, his heirs sold the land in

favour of one Arjun Singh, S/o Balaram Singh in the year 1965. The

said land was allegedly cultivated by protected tenants namely

Manikonda Laxmaiah and Azimuddin and their names were recorded as

tenants. After implementation of the Tenancy Act, the Government

(RDO, West) granted 38-E Certificates in favour of the tenants, i.e.,

Manikonda Laxmaiah and Azimuddin vide File No.LRW155/75

dt.29.08.1975. The 38-E Certificate holder Manikonda Laxmaiah

approached the Inam Tribunal, filed a claim petition for issuance of

ORC and after issuing notices, the Inam Tribunal passed orders on
                                               W.P.Nos.2950, 22051 of 2020,
                                                6819 and 20463 of 2021
                                   2

10.05.1995 in File No.L/5544/1994 issuing ORC in favour of

Manikonda Laxmaiah for an extent of Ac.32.14 guntas in Survey

Nos.104, 105, 106 and 113 (Part). It further held that for the extent of

Ac.32.15 guntas, Azimuddin will be entitled to ORC on filing of a claim

petition. Aggrieved by the orders of the Inam Tribunal, Arjun Singh

filed appeal before the Joint Collector, Ranga Reddy questioning the 38-

E Certificate and ORC orders in favour of Manikonda Laxmaiah. After

due enquiry, the Joint Collector, Ranga Reddy dismissed the Appeal in

File No.F1/4866/1995 and 4089/1995 dated 28.04.2005. It is stated that

the said orders have attained finality as they were not challenged by

Arjun Singh or his family members.


2.     The heirs of Manikonda Laxmaiah, the 38-E Certificate and ORC

holder, sold the land of Ac.32.14 guntas to one Santosh Reddy and

others and Arjun Singh joined as one of the executants in the registered

sale   deeds   Document     Nos.7651/1996,    7652/1996,       7653/1996,

7654/1996, 7655/1996 and 7656/1996 dt.06.09.1996. The other

protected tenant, i.e., Azimuddin, who was also issued 38-E Certificate,

also sold his entire land to one Buchi Narasimha Reddy and others by

executing registered sale deeds in the year 1996 and their names were
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                                                 6819 and 20463 of 2021
                                    3

also recorded in the Revenue Records by implementing mutation orders

of MRO, Rajendra Nagar in File No.998/97, 997/97, 987/97, 988/97,

983/97, 984/97, 989/97, 992/97, 990/97, 986/97, 996/97, 995/97, 991/97

dt.23.05.1997 and B/3221/97 dt.30.07.1997. Subsequently, Sri Buchi

Narasimha Reddy obtained ORC as successor-in-interest of Azimuddin

in File No.L/1813/07, dt.02.07.2007. Both Santhosh Reddy and Buchi

Narasimha Reddy and others pooled their entire land to an extent of

Ac.64.00 in Survey Nos.104, 105, 106 and 113 (Part) and applied for a

layout from HUDA in File No.297/MPZ/HUDA/1997 and separate

layout was granted on 27.03.1998.


3.    Subsequently, proceedings under ULC were initiated by the ULC

authorities and Mr. Arjun Singh filed declaration before the Special

Officer, Urban Land Ceiling, Hyderabad and after due enquiry, the

Special Officer passed orders on 31.08.1986 declaring that Mr. Arjun

Singh is the surplus land holder for an extent of Ac.121.39 guntas or

4,93,615.70 square metres. This resulted in multiple writ petitions being

filed in the High Court and also appeals before the authorities and

subsequently, on the repeal of the ULC Act, the appeals were closed.

The members of the petitioner society purchased the plots through
                                                 W.P.Nos.2950, 22051 of 2020,
                                                  6819 and 20463 of 2021
                                     4

registered sale deeds and the plot holders got their plots regularised

under the Regularization of Unapproved Layouts/Plots from HUDA by

paying requisite fee. Thereafter, the members formed an association for

development namely Dollar Hills Residents United Welfare Association

(DHRUWA). It is stated that they have invested huge amounts by laying

roads, drainage and electricity by paying required amounts to the

Government authorities and the members obtained building permissions

from HMDA and Gram Panchayat and constructed houses on 75% of

the plots.


4.     It is stated that suppressing all these facts, the 5th respondent in

W.P.No.2950 of 2020 being the petitioner in W.P.No.20463 of 2021 had

filed a partition suit O.S.No.1471 of 2013 on the file of the IV

Additional District Judge, Ranga Reddy District, L.B.Nagar against the

defendants therein. The writ petitioners in W.P.No.2950 of 2020 were

not made parties to the said suit. An ex parte decree was obtained on

10.10.2017 and thereafter, he filed another suit seeking declaration of

title vide O.S.No.110 of 2019 against the writ petitioners in W.P.No.

2950 of 2020 on the basis of the ex parte judgment in the partition suit

O.S.No.1471 of 2013. Only after receiving the notice in the declaration W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

suit i.e. O.S.No.110 of 2019, the writ petitioners in W.P.No.2950 of

2020 came to know about filing of the partition suit in O.S.No.1471 of

2013 on the file of the IV Additional District Judge, Ranga Reddy

District and immediately thereafter, the petitioners in W.P.No.2950 of

2020 filed an appeal before this Court in A.S.No.149 of 2019. This

Court vide orders dt.19.10.2019 suspended the ex parte decree and the

said appeal is now pending adjudication before this Court.

5. In the mean time, the 5th respondent in W.P.No.2950 of 2020 also

made a representation to respondents 2 to 4 in W.P.No.2950 of 2020

with a prayer not to grant permission for construction of residential

houses to the members of the petitioner society in W.P.No.2950 of 2020

on the basis of the ex parte judgment and decree in the partition suit

O.S.No.1471 of 2013 dt.10.10.2017. On the basis of the said

representation, respondents 2 to 4 in W.P.No.2950 of 2020 were not

granting permission to the members of the petitioner society in

W.P.No.2950 of 2020. Therefore, W.P.No.2950 of 2020 was filed,

seeking a Writ of Mandamus declaring the action of respondents 2 to 4

in not granting/according permission for construction of houses to the

petitioner society members as illegal, arbitrary and also consequently to W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

direct the respondents to grant permission for construction of houses to

the members of the petitioner society in respect of the lands

admeasuring 64 acres in Dollar Hills in Survey Nos.104, 105, 106 and

113 (Part) situated at Puppalaguda Village, Rajendranagar Mandal,

Ranga Reddy District and pass such other order or orders as this

Hon'ble Court may deem fit and proper in the circumstances of the case.

6. Thereafter, one of the family members of respondent No.5 in

W.P.No.2950 of 2020 Mr. Ritesh Singh filed W.P.No.22051 of 2020

against the petitioner society in W.P.No.2950 of 2020 arrayed as

respondent No.3 and two other private respondents seeking a Writ of

Mandamus declaring the action of respondent No.2 therein for granting

a layout in favour of respondents 3 to 5 in File No.024686/SKP/R1/U6/

HMDA in spite of written objections dt.20.11.2020 with regard to the

petitioner's land in Survey Nos.104 to 115 to the extent of Ac.120.16

guntas situated at Puppalaguda Village, Rajendranagar Mandal on the

ground that the layout has been cancelled on 22.06.2019 and further that

the matter is sub judice in appeal, i.e., A.S.No.149 of 2019 before this

Court against the ex parte decree in the suit O.S.No.1471 of 2013 on the

file of the IV Additional District Judge, Ranga Reddy District and to W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

declare the action of the respondents as illegal and arbitrary. When the

matter had come up for admission on 04.12.2020, this Court was

pleased to direct the competent authority not to pass any orders on the

application made by respondents 3 to 5 therein for grant of layout.

Respondents 3 to 5 have thereafter filed a stay vacate petition in

I.A.No.1 of 2021. The petitioner in W.P.No.22051 of 2020 has also filed

reply affidavit to the stay vacate petition and the same has also come up

for consideration when the matter is taken up for hearing.

7. W.P.No.6819 of 2021 was filed by the petitioner therein

questioning the shortfall notice of the respondents dt.27.02.2021 in File

No.042549/ZOA/R1/U6/HMDA/02022021 and declaring it in so far as

holding that the land in Survey No.104 of Puppalaguda Village,

Manikonda Municipality, Gandipet Mandal (erstwhile Rajendranagar

Mandal), Ranga Reddy District is covered by Court stay in I.A.No.1 of

2020 in W.P.No.22051 of 2020, as illegal and arbitrary. The petitioner

therein claimed that she is the absolute owner and possessor of 7536

square yards of land in Plot Nos.1, 2, 3, 4, 7, 8, 9, 18, 19 and 20 situated

in Survey No.106/1 (Part) of Dollar Hills, Puppalaguda Village and

Gram Panchayat and that when she has applied for permission for W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

construction thereon, the respondents have issued the said shortfall

notice dt.27.02.2021 asking the petitioner to inform about the Court stay

in I.A.No.1 of 2020 in W.P.No.22051 of 2020. In view thereof, this Writ

Petition has also been clubbed with W.P.Nos.2950 of 2020 and 22051 of

2020 and has been heard along with the same.

8. W.P.No.20463 of 2021 has been filed by the 5th respondent in

W.P.No.2950 of 2020 seeking a Writ of Mandamus for setting aside the

sanctioned plan dt.16.12.2020 vide File No.019904/SKP/R1/U6/HMDA/

03022019 dt.16.12.2020 issued by the 3rd respondent in favour of

respondents 5 to 7 therein in spite of interim orders passed in

W.P.No.22051 of 2020 dt.04.12.2020 by this Court in respect of the

land in Survey No.104/P situated at Puppalaguda Village, Gandipet

Mandal. It is the case of the petitioner that in spite of the interim order

of this Court, respondents 5 to 7 have granted building permission and

that the said permission is in violation of the interim order of this Court

and consequently, the petitioner prays for a direction to demolish the

illegal construction being made by respondents 5 to 7 over the

petitioner's land.

W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

9. All these four Writ Petitions were clubbed and heard together.

The main issue involved in all these Writ Petitions is whether the

petitioner in W.P.No.20463 of 2021 and her family members had any

title or possession over 64 acres of land in Survey Nos.104, 105, 106

and 113 (Part) situated at Puppalaguda Village, Rajendranagar Mandal,

Ranga Reddy District which is covered by DHRUWA. The claim of the

writ petitioner in W.P.No.20463 of 2021 is that she is one of the family

members of Sri Arjun Singh, who had purchased the land of Ac.120.16

guntas from the original Inamdar. She is seeking partition of the land

including the land which has been recorded as tenancy land and ORCs

have also been issued to the respective tenants. The petitioner in

W.P.No.20463 of 2021 has also claimed her right by filing O.S.No.1471

of 2013 and obtained an ex parte decree. It is also an admitted fact that

the said ex parte decree has been suspended by this Court in A.S.No.149

of 2019. Therefore, in respect of the land which is covered by the

ownership of the members of the Dollars Hills, the petitioner in

W.P.No.20463 of 2021 and her family members have no right or title

declared by any Court in their favour. In fact, the vendors of the

petitioner society in W.P.No.2950 of 2020 have obtained ORC W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

certificates which have been considered by the Joint Collector, Ranga

Reddy District and the said certificates have also become final.

10. Before granting any permission, the respondent authorities are

required to look into the prima facie title of the applicants at the time of

making the applications. After suspension of the ex parte decree and

judgment (to which the petitioner society in W.P.No.2950 of 2020 was

not made a party) by this Court in A.S.No.149 of 2019, there is no order

in favour of respondent No.5 in W.P.No.2950 of 2020 or her family

members with respect to the land in Survey Nos.104, 105, 106 and 113

(Part) of Puppalaguda Village, Rajendra Nagar Mandal. Such being the

case, the official respondents are not prohibited from considering the

applications of the members of the petitioner society in W.P.No.2950 of

2020 for building construction permissions. Therefore, W.P.No.2950 of

2020 is allowed.

11. As regards W.P.No.22051 of 2020 is concerned, it is seen that

there is an interim direction not to pass any orders on the applications

made by respondents 3 to 5 for grant of layout. As seen from the prayer

of the writ petition also, the petitioner is seeking action against

respondent No.2 for granting layout in favour of respondents 3 to 5 in W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

File No.024686/SKP/R1/U6/HMDA. As rightly pointed out by the

learned counsel for the petitioners in W.P.No.2950 of 2020, the File No.

mentioned as impugned order is not an order, but it is a payment receipt

in favour of one of the respondents. Admittedly, the layout permission

had been cancelled on 22.06.2019 and thereafter, the members of the

petitioner society have obtained regularisation of the unauthorised

layout permissions from the Government by paying the requisite fee.

Therefore, the prayer in W.P.No.22051 of 2020 is not maintainable and

is accordingly dismissed.

12. Further, the learned counsel for the petitioner society in

W.P.No.2950 of 2020 had also pointed out that the society had filed

other writ petitions before this Court and the order passed by registration

authorities on the representation of respondent No.5 in W.P.No.2950 of

2020 not to make any registration has also been suspended and the same

is also to be tagged and heard along with A.S.No.149 of 2019. He

submitted that these facts have not been mentioned by the petitioner in

the writ affidavit supporting this Writ Petition and therefore the

petitioner has not come to the Court with clean hands. However, the

learned counsel for the petitioner has referred to paras 5 and 6 of the W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

writ affidavit, wherein the relevant writ petition numbers have been

mentioned but the directions of the Court in the respective writ petitons

have not been mentioned. However, since W.P.No.2950 of 2020 is

already allowed by holding that the respondent No.5 therein or her

family members have no order in their favour with regard to the title or

ownership and possession of 64 acres in Survey Nos.104, 105, 106 and

113 (Part) situated at Puppalaguda Village, Rajendranagar Mandal,

Ranga Reddy District, the Writ Petition in W.P.No.22051 of 2020 is

dismissed.

13. W.P.No.6819 of 2021 is filed challenging the shortfall notice

dt.27.02.2021 and is allowed consequent to the orders of this Court in

W.P.No.2950 of 2020 on even date.

14. W.P.No.20463 of 2021 seeking cancellation of the building

permissions granted to respondents 5 to 7 therein is also dismissed in

view of the order in W.P.No.2950 of 2020 and W.P.No.22051 of 2020

on even date.

15. Learned counsel for the official respondents have also stated that

pursuant to the building permissions granted by respondent No.3, W.P.Nos.2950, 22051 of 2020, 6819 and 20463 of 2021

respondents 5 to 7 have already completed their constructions and have

also alienated the property and therefore no orders should be passed

detrimental to their interest at this stage.

16. Taking the above into consideration and also dismissal of

W.P.No.22051 of 2020, this Writ Petition, i.e., W.P.No.20463 of 2021 is

also dismissed.

17. Pending miscellaneous petitions, if any, in all these Writ Petitions

shall stand closed.

___________________________ JUSTICE P. MADHAVI DEVI

Dt. 28.06.2022 Svv