Telangana High Court
Abdul Amjad Khan vs The State Of Telangana on 21 September, 2024
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.26131 OF 2024
ORAL ORDER:
Heard Sri S.M.Saifulla, learned counsel for petitioner, Sri Dharavath Ravi, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 3, Ms. Tekuru Swetcha, learned Assistant Government Pleader for Revenue appearing for respondent Nos.4 and 5, Sri Katika Ravinder Reddy, learned Standing Counsel for Hyderabad Disaster Response and Assets Monitoring and Protection (HYDRAA) appearing for respondent No.6 and Sri V. Narasimha Goud, learned Standing Counsel for Hyderabad Metropolitan Development Authority (HMDA) appearing for respondent No.7. Perused the record.
02. Petitioner is claiming that he is the absolute owner and possessor of land admeasuring Ac.11-04 guntas in Sy.No.178 of Gaganpahad Village, Rajendranagar Mandal, Rangareddy District basing on the Judgment and Decree dated 13.02.2015 passed in O.S.No.895 of 2014 by 2 the learned V Additional District & Sessions Judge, Rangareddy District at LB Nagar.
03. A perusal of the said Judgment would reveal that petitioner herein has filed the said suit against one M.Sitarama Raju and others seeking specific performance of Agreement of Sale dated 09.10.2013. In clause No.10 of the said Agreement of Sale it is mentioned that the vendors shall deliver the physical vacant possession of schedule property, to the Vendee along with all the original title deeds, pattadar passbooks and title books and pahanies and other documents pertaining to the schedule property at the time of registration of sale deed. Admittedly, vendors did not execute registered sale deed in favour of petitioner after receiving balance of sale consideration in terms of said Agreement of Sale. Therefore, he has filed execution petition vide E.P.No.3 of 2015 seeking execution of decree passed in the above suit. Vide Docket Order dated 07.07.2017 in E.P.No.3 of 2015 directed the Office to address a Letter to concerned Sub-Registrar enclosing draft sale deed requiring him to furnish the details relating to 3 stamp duty required, registration charges of the schedule property. According to petitioner, the learned V Additional District & Sessions Judge, Rangareddy District at LB Nagar addressed a Letter vide Dis.No.522 of 2024 dated 28.06.2024 to the District Registrar, Rangareddy District, Prashanthnagar, Kukatpally directing him to furnish the details relating to stamp duty required, registration charges of the schedule property, immediately. Therefore, the aforesaid facts would reveal that petitioner was not in possession of the said property. Therefore, he cannot seek a direction to respondent Nos.2 to 7 not to dispossess or interfere with the peaceful possession and enjoyment of petitioner over the subject property.
04. Sri Dharavath Ravi, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1 to 3, on written instructions would submit that entire subject property submerged under water and falls under Full Tank Level (FTL) of Appa Cheruvu situated at Gaganpahand Village of Rajendranagar Mandal, Rangareddy District and 4 a preliminary notification of FTL of tank was completed on 02.09.2024.
05. Considering the aforesaid discussion and keeping in view the fact that petitioner is not in possession of the subject property and that entire subject property falls under FTL of Appa Cheruvu, this Court is of the considered opinion that petitioner is not entitled for any relief, much less the relief sought in this Writ Petition and the same is liable to be dismissed.
06. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this Writ Petition stand closed.
____________________ K. LAKSHMAN, J Date: 21-SEP-2024 KHRM