Telangana High Court
Mohammed Barkath Ali vs The State Of Telangana on 13 September, 2022
Bench: Lalitha Kanneganti
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,
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
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
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.
PV
