HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24932 of 2010 DATED 7th OCTOBER, 2014.
Between Singapaka Manjula ….Petitioner And Warangal Municipal Corporation, Rep. by its Commissioner, Warangal and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24932 of 2010
ORDER:
Heard the learned Counsel for the petitioner and learned Counsel appearing for respondents 2 and 3.
The petitioner states that her father-in-law purchased an open plot admeasuring 512.47 square yards situate in Sy.Nos.484 and 489 (old) 461 and 466 (new) of Waddepally village, Sahakarnagar, Hanamakonda, Warangal District from its lawful owner through an unregistered sale deed dated 28.8.1986. Since the date of purchase, her father-in-law was in peaceful possession and enjoyment of the said property. During the life time of her father-in-law, he executed a Will deed on 18.6.1997 in favour of her husband bequeathing the said property and after the death of her father-in-law , her husband became the absolute owner and possessor of the said property by virtue of the Will deed dated 18.6.1997. Thereafter, her husband gifted the said property in her favour through Deed of Settlement dated 20.04.2010. While so, without issuing any prior notice to the petitioner, the first respondent took the measurements of the said land on 20.09.2010 for laying road. In these circumstances, the present Writ Petition was filed.
Respondents 2 and 3 filed a counter affidavit wherein it was stated that originally the said land belongs to one Sri Kollipaka Lakshmikantha Rao and after his demise, the family members of said Kollipaka Lakshmikantha rao became absolute owners. They converted the said land into house plots and sold away to various purchasers. The second respondent is one of the purchasers who purchased an extent of 660 square yards comprised in Plot Nos. 9,10 & 11 (part) in Sy.Nos.489 (old) of Waddepally village, Hanamkonda Mandal, Warangal District from Thakkallapalli Lakshmi Devi, through registered sale deed dated 23.11.2000. The said Lakshmi Devi purchased the said property through Registered sale deed dated 7.10.1986 from the original pattadar, Smt.Kollipaka Durgamba, W/o of late Sri Kollipaka Lakshmikantha rao along with her four sons. It is also stated that the third respondent also purchased 600 square yards comprised in Plot Nos. 15 and 16 from the vendor of the second respondent through registered document dated 23.11.2000. It is further stated that after purchase of the said land, the third respondent obtained due permission from the Municipal Corporation of Warangal and constructed the house and residing therein since 2003 onwards. In the said permission, the first respondent shown 40’ wide road as an existing road. The said 40’ road is situated towards north-east side of the plots of respondents 2 and 3. When the petitioner attempted to dig trenches and occupy the said 40’ road on 9.8.2010, the second respondent filed OS.No.875 of 2010 on the file of the learned II Additional Junior civil Judge, Warangal for grant of permanent injunction. A temporary injunction was granted in the said suit against the writ petitioner and the said suit is pending adjudication as on today.
In view of the averments made by the petitioner and respondents 2 and 3, it is clear that the dispute relates to 40’ wide road situate towards north-east side of the land of respondents 2 and 3. The petitioner states that it is her own land whereas respondents 2 and 3 state that the 40’ road was occupied by the petitioner. In the circumstances, this Writ Petition is disposed of directing the first respondent to verify the records available in its office and if it is found that road is occupied by the petitioner, then appropriate action in accordance with law may be initiated after issuing due notice to the petitioner.
The Writ Petition is disposed of accordingly. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 7TH OCTOBER, 2014.
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