Telangana High Court
Smt. Boddu Pentamma vs The State Of Telangana on 11 April, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.11274 of 2025
ORDER:
This writ petition is filed seeking to declare the action of
the respondents, more particularly, respondent No.4 in
interfering with the subject property i.e., house with
appurtenant land bearing municipal No.7-1-306 & 307/1 (old
No.7-1-302/36), admeasuring Ac.3.38 guntas in Sy.No.142 co-
relating to TS Nos.142/1, 142/2 and 142/3, situated at
Bhoolkhanguda, Ameerpet Mandal, Hyderabad, and trying to
dispossess the petitioners from the subject property, as illegal,
arbitrary and violative of principles of natural justice and for
other appropriate reliefs.
2. Petitioner Nos.1 to 4 herein claim to be the absolute
owners and possessors of the subject property as per the
revenue records, having inherited the same from the husband of
petitioner No.1 and father of petitioner Nos.2 to 4, who were the
protected tenants of the said property and whose names were
reflected in the tenancy register maintained during the years
1950-51. It is stated that when disputes arose, the predecessors
in-title of the petitioners filed O.S.No.124 of 1967 on the file of
III Additional Judge, City Civil Court, Secunderabad, seeking
rectification of entries in pahanies and also for other reliefs in
respect of the subject property and the same was decreed.
Aggrieved by the same, the defendant in the said suit i.e.,
Islamia Arabic College has preferred an appeal vide
C.C.C.A.No.137 of 1981 and the same was dismissed on
04.04.1997. Being aggrieved by the same, the defendant carried
the matter to the Hon'ble Supreme Court vide SLP No.18552 of
1997, which was also dismissed on 17.10.1997. It is further
stated that the Hon'ble Supreme Court confirmed the title in
favour of petitioner Nos.1 to 4. It is further stated that petitioner
Nos.1 to 4 have filed an application seeking to implement their
names in Town Survey Record in pursuance of the Judgment
and Decree dated 23.01.1981 passed in their favour in respect
of the subject property.
3. It is the further case of the petitioners that acting upon
the representation submitted by petitioner Nos.1 to 4 in terms of
the decree and judgment dated 23.01.1981 passed in
O.S.No.124 of 1967, the District Collector has issued
proceedings vide B2/TSLR/02/2022, dated 25.06.2022,
directing the Deputy Director of Survey and Land Records,
Hyderabad, for mutating the names of petitioner Nos.1 to 4 in
the Town Survey Record in respect of the subject property. It is
also stated that the Deputy Director of Survey and Land
Records, Hyderabad, has sub-divided the land and issued
supplementary record and sketches to that effect. The grievance
of the petitioners is that despite the same, respondent Nos.3 and
4 are not only frequently interfering with the subject property
but also trying to dispossess them.
4. Considered the submissions of the learned counsel for the
petitioners and learned Assistant Government Pleader for
Revenue appearing for the respondents and with their consent
this writ petition is disposed of at the admission stage.
5. Learned Assistant Government Pleader for Revenue
submits that under the guise of preparation of the sub-division
record in respect of TSLR Nos.142/1, 142/2 and 142/3, when
the petitioners have made efforts to encroach the adjacent
Government lands, the said action has been initiated by the
respondents. In fact, they have not interfered with the
possession of the petitioners over the subject property, in any
manner.
6. In view of the said submissions, this Writ Petition is
disposed of directing the respondents not to interfere with the
peaceful possession and enjoyment of the petitioners over the
subject property i.e., house with appurtenant land bearing
municipal No.7-1-306 & 307/1 (old No.7-1-302/36),
admeasuring Ac.3.38 guntas in Sy.No.142 co-relating to TS
Nos.142/1, 142/2 and 142/3, situated at Bhoolkhanguda,
Ameerpet Mandal, Hyderabad, in any manner. If the
respondents are having any claim over the subject property or if
any part of the subject property forms part of the Government
land, they shall take action, strictly in accordance with law.
There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
_________________________________
JUSTICE C.V.BHASKAR REDDY
11.04.2025
ynk
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.11274 of 2025
Dated 11.04.2025
ynk
