HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 14466 of 2007 DATED 8TH OCTOBER, 2014.
BETWEEN P.Ashok Kumar and ors ….Petitioners And The Hyderabad Urban Development Authority, Rasoolpura, Secunderabad, rep. by its Vice Chairman and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 14466 of 2007
ORDER:
Heard the learned Counsel for the petitioners and learned Standing Counsel for Respondent No.5.
The case of the petitioners is that one C.Pratap Reddy was the owner of the land to an extent of Ac.5.11 Gts in Sy.Nos.16/1 and 17 of Qutbullapur village having purchased the same through registered sale deed dated 22.11.1969. The petitioners and one Mr. Papa Rao have purchased the land through registered sale deed 27.4.2005 to an extent of 666.6 square yards out of 861 square yards comprised in Sy.Nos.16/1 and 17 which was available in the land of the said C.Pratap Reddy. Later the said Papa Rao relinquished his right over the said property through registered relinquishment deed dated 21.1.2006 in favour of the petitioners and therefore the petitioners are the owners of 666.6 square yards comprised in Sy.Nos.16/1 and 17 of Qutbullapur. Thereafter, the petitioners applied for permission to construct a building and the first respondent through his letter dated 16.3.2007 stated that the title was cleared b y it (first respondent) and requested the Assistant Director, Survey and Land Records to get the land in Sy.No.16/2 surveyed and fix the boundaries as the fourth respondent vide his letter dated 27.12.2006 reported that C.Pratap Reddy’s family members have obtained layout in Sy.Nos.16/1 and 17 from HUDA and are trying to manipulate an extent of Ac.0.05 Gts in Sy.No.16/2 which is adjacent land of Sy.No.16/1. When the fourth respondent is trying to interfere with the possession of the petitioners, the petitioners have instituted suit in O.S.No.353 of 2007 on the file of the learned Junior Civil Judge, Medchal, Ranga Reddy District and obtained an order of Status quo on 6.6.2007 in I.A.No.1117 of 2007 filed therein. From the counter affidavit filed to the said interlocutory application by the fourth respondent, the petitioners came to know that the fourth respondent addressed a letter to the Mandal Revenue Officer on 27.12.2006 stating that the Government has accorded administrative sanction for construction of health centre at Qutbullapur village and one K.M.Pratap requested to construct the health centre in Sy.No.16/2 and to allot Government land in Sy.No.16/2 to take up construction work. The Mandal Revenue Officer in turn through letter dated 02.02.2007 requested the District Collector to accord permission and handover the advance possession of the land to an extent of Ac.0.05 Gts in Sy.No.16/2. Accordingly, the District Collector through proceedings dated 20.2.2007 accorded permission as sought for by the Mandal Revenue Officer. Challenging the order dated 20.2.2007 of the District Collector, the present Writ Petition was filed.
The first respondent filed a counter affidavit admitting that the petitioners have applied for sanction of building permission over an extent of 557.27 Square meters in Sy.Nos.16/1 and 17 of Cherukupally, Pratap Reddy Colony of Quthbullapur village and Mandal. When the said building permission application was under process, an objection was raised by one K.M.Pratap stating that C.Pratap Reddy’s family members have obtained lay out permission from the first respondent under permit dated 11.11.2000 over an extent of Ac.5.09 Gts in Sy.Nos.16/1 and 17 of Quthbullapur village and out of Ac.5.11 Gts, over an extent of Ac.0.02 gts the owner has constructed a house bearing No.6-99 in Sy.Nos.16/1 and 17 of Quthbullapur village and the family members of said Pratap Reddy are trying to manipulate an extent of Ac.0.05 Gts in Sy.No.16/2 of Quthbullapur village which is adjacent to his land. As per the instructions of the then Vice Chairman of the first respondent, a letter dated Nil-03-2007 was addressed to the Assistant Director of Survey and Land Records, Ranga Reddy District requesting him to get the land in Sy.Nos.16/2 surveyed and boundaries be fixed and submit a sketch to know whether it is a Government land or patta land so as to take further action in the matter. On receipt of the report from the Deputy Collector and Tahsildar, Quthbullapur, the petitioners’ application for sanction of building permission was rejected vide order dated 20.06.2007.
From the aforesaid discussion, it is clear that there is a dispute with regard to location of land of the petitioners. When the fourth respondent was trying to encroach upon the land claimed by the petitioners, the petitioners have availed remedy by way of filing a suit for injunction against fourth respondent. It appears that the third respondent addressed a letter to the first respondent stating that the land claimed by the petitioners is situated in Sy.No.16/2 and it is a Government land. Based on the said report, the first respondent rejected the building permission as sought for by the petitioners. In the circumstances, this Writ Petition is disposed of giving liberty to the petitioners to take out appropriate proceedings in the pending suit seeking appropriate relief as the issue in this Writ Petition involves disputed questions of fact.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 8TH OCTOBER, 2014.
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