Telangana High Court
Vijay Kumar Agarwal vs The State Of Telangana on 19 June, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.12885 of 2019
ORDER:
Heard Smt. B.Rachana, the learned counsel appearing on behalf of the petitioners and the Learned Government Pleader for Revenue, appearing on behalf of Respondents.
2. The petitioner approached the Court seeking the relief as follows:
"to issue an Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents without following the procedure established by law, and without issuing any notice, or opportunity; with the peaceful possession and enjoyment of the petitioners land in Survey number 406 of Paloncha Mandal, Bhadradri Kothagudem District by forcibly erecting property notifications, intimidating the petitioners; even after the petitioners who are bonafide purchasers having purchased the same through registered sale deed vide document no.2391, dated 21.12.1995 from lawful vendor Jalagam Venkateshawar Rao, who was in the peaceful possession and enjoyment of the land located in Survey No.406 to an extent of Ac.7.03 gts. at 2 SN,J WP_12885_2019 Paloncha Kothagudem and inspite of issuance of Pattedar Pass books vide pattedar pass book Nos. 1388, 1389, 1390 and 1379 of their respective suit lands i.e, Ac.7-03 guntas in toto in Sy.Nos.406/A, 406/AA, 406/E and 406/EE by the Mandal Revenue Officer, Paloncha having link documents evidencing peaceful possession and enjoyment over the past 60 years, as illegal and arbitrary and consequently direct the respondents and their men, agents not to interfere with the peaceful possession and enjoyment of the petitioners lands i.e., Ac.1-31 guntas each of the petitioners 1 and 2 in Sy.Nos.406/E, 406/A and Ac.1-31 guntas in Sy.No.406/AA of the demised mother of the petitioners 1 and 3 and that of the third petitioner admeasuring Ac.1-30 in Sy.No.406/EE i.e., Ac.7-03 guntas in toto in Sy.Nos. 406/A, 406/AA, 406/E and 406/EE, indefinitely."
3. The case of the petitioners, in brief, is as follows:
a) Petitioners had purchased the land to an extent of Ac.7.03 guntas in Survey No's 406/A, 406/AA, 406/E and 406/EE of Palvonvcha Mandal, Bhadradri-Kothagudem District vide registered sale deed document No. 2391 dated 21.12.1995 from one Mr.Jalagam Venkateshwara Rao and the 3 SN,J WP_12885_2019 patta passbooks had also been issued to the petitioners by the Mandal Revenue Officer, Palavoncha, Khamma District.
b) Jalagam Venkateshwara Rao, the previous owner of the said land had been in the peaceful possession of the subject lands, having succeeded the same through a registered Will by Jalagamv Tulasamma, Aunt of Jalagam Venkateshwara Rao, vide document No. 42 of 1993, dated 02.09.1993.
c) After inheriting the subject land, Jalagam Venkateshwara Rao had sold the same to the petitioners herein which also includes the Mango garden to an extent of Ac.No. 7.03 guntas, and sale deed had been executed in favour of Jalagam Tulasamma.
d) Jalagam Tulasamma, who wasn't married and was paralysed, was being survived by Jalagam Venkateshwara Rao, who was nephew to Jalagam Tulasamma and to meet the expenses and take care of Jalagam Tulasamma, Will was executed in favour of Jalagam Venkateshwara Rao vide Will document No. 42 of 1993 to the extent of Mango Garden i.e., Ac.7.03 gts in Sy.No. 406 of Paloncha. 4
SN,J WP_12885_2019
e) Jalagam Tulasamma, died on 19.04.1995 and since the said property (i.e., Ac.7.03 guntas) had been in the possession of Jalagam Venkateshwara Rao and the same had been executed in favour of the petitioners.
f) On requisition for installment of retail petroleum outlet by the petitioner in Sy.No. 406, the Collector had called for a report from the concerned officials and accordingly, on 17.2.2005 the proposed site was inspected. The RDO, vide letter Rc. No. C/327/2005, dated 18.2.2005 addressed the District Collector that as per Revenue records the extent of Sy. No. 406 is Ac.7-03 gts. and stands patta in the name of Sri Suggala Venkaiah and subsequently, Sri Jalagam Venkateshwar Rao has registered the land vide registered document No.2391, dated 21.12.1995 in favour of 1) Sri Shyam Sunder Agarwal, S/o. Mathuram, 2) Smt. Rukmini Bai, W/o. Shyam Sunder Agarwal, 3) Sri Vijay Kumar Agarwal, S/o.Shyam Sunder Agarwal, and 4) Sri Ashok Kumar Agarwal, S/o.Shyam Sunder Agarwal. It was also stated that for the present land in Sy.No.406/E pattedar pass book and Title Deed to an extent of Ac. 1-31 gts. was issued, out of which 2000 Sq. yards was proposed for retail outlet. 5
SN,J WP_12885_2019
g) The petitioners purchased the said property from Jalagam Venkateshwar Rao, S/o. Jalagam Perumallu after having completed proper requisite due diligence. The Khasra pahani for the year 1954-55 relating to the said property shows that one Suggala Venkaiah was the Pattedar and the Khasra Pahani for the year 1958-59 and 1965-66 shows that Terala Somasekhara Rao was the pattedar of the said property.
h) Later on, Terala Annapurnamma having inherited the above said property from her husband after his demise, sold the same to Jalagam Tulasamma, D/o.Jalagam Seshagiri Rao vide registered document No. 588 of 1984.
i) Subsequently, Jalagam Tulasamma gifted the said property to Jalagam Venkateshwar Rao vide registered document No.42 of 1993, who in turn sold the said property to the petitioners herein vide document No.2391 of 1995, dated 21.12.1995.
j) On 16.05.2018, the Tahsildar has issued Adangals showing the petitioners herein as pattedars of their respective 6 SN,J WP_12885_2019 said property. However, the Respondents have been indulging in illegal and inappropriate interference by posting absurd notifications on the Petitioners' lands, without giving any opportunity for submitting any explanation.
k) The respondents, in particular the Tahsildar threatened the petitioners stating that the subject property is allegedly Government land and all the petitioners are encroachers and would be required to vacate the same or would be forcibly evicted. Even after having clear Revenue Records for the past 60 years issued by the respondents themselves, the Respondents with an intention of illegal gratification and usurpation of land are threatening the petitioners. Hence, this Writ Petition.
4. Counter Affidavit filed by Respondent Nos. 1 to 5, in brief, is as under:
a) The petitioners are trying to grab the Government land in Sy.No. 444/1 by producing irregular registrations and any transfer of property by way of sale, agreement of sale, gift, 7 SN,J WP_12885_2019 exchange or lease in respect of Government land is prohibited under Section 22 (A) of the Registration Act, 1908.
b) On 04.05.2019, the Tahsildar, had erected a board as a precautionary measures in the Government Land in Sy.No. 444/1, but not interfered in the Writ Petitioner's land. The land of the Writ Petitioner is located far away from the Government Land where the board is erected by the then Tahsildar.
c) As per the location sketch, the petitioner is in illegal possession of the subject land in Sy.No. 444/1 instead of Sy.
Nos. 406 and 444/20. The petitioners have no right for claiming the title over the land in Sy.No. 444/1 and the illegal occupants of Government land are liable to be evicted under the provisions of the Telangana Land and Encroachment Act, 1905. Therefore, interim orders passed in W.P No. 12885 of 2019, dated 04.07.2019 are likable to be vacated. Hence, the Writ Petition is devoid of merits and is liable to be dismissed.
5. This Court was pleased to pass interim orders on 04.07.2019 and the same reads as under: 8
SN,J WP_12885_2019 "Learned Government Pleader requests one more adjournment.
Post on 11.07.2019.
Till then, status-quo shall be maintained by both the parties."
6. Subsequently, this Court passed interim orders dated 14.08.2019 extending the interim orders granted by this court on 04.07.2019 and they are in force till as on date.
7. Counter affidavit has been filed by the respondents, in particular, paragraph Nos.3 and 4 of the said Counter affidavit reads as under:
"3. It is respectfully submitted that, the Writ Petitioners are trying to grab the Government land in Sy.No.444/1 of Palvoncha Village and Mandal by producing irregular registrations. All the registrations took place over the Government land. The said Registrations took place over the Government land is null and void. The transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of Government land is prohibited under Section 22(A) of Registration Act, 1908.
4. It is respectfully submit that the then Tahsildar, Palvancha has erected a board as 9 SN,J WP_12885_2019 precautionary measures in the Government land in Sy.No.444/1 on 04.05.2019 but not interfered in Writ Petitioners land, the land of the Writ Petitioner is located far away from the Government land where the board is erected by then Tahsildar."
8. In view of the clear admission in the Counter affidavit filed by the Respondents No.1 to 5 at paragraph No.4 of the counter affidavit that the respondent Authority is not interfering with the writ petitioner's lands to an extent of Ac.7-03 guntas in Sy.Nos.406/A, 406/AA, 406/E and 406/EE since the same is located far away from the Government land but the board is erected by the then Tahsildar, Palvancha in Sy.No.444/1 only as a precautionary measure, this Court opines that the writ petition could be disposed of observing that in the event the respondents intend to acquire petitioner's lands in Sy.Nos.406/A, 406/AA, 406/E and 406/EE at Paloncha Kothagudem, they shall follow due process of law.
9. Taking into consideration the above submissions made by both the learned counsels on record and in 10 SN,J WP_12885_2019 view of the facts and circumstances of the case, the Writ petition is disposed of directing the respondents not to interfere with the petitioner's peaceful possession in so far as petitioner's lands to an extent of Ac.7-03 guntas in Sy.Nos.406/A, 406/AA, 406/E and 406/EE, Palvoncha Village and Mandal and follow due process of law in the event same is required for acquisition purpose by the respondents. In the event the petitioners make any attempt to encroach into the land in Sy.No.444/1 i.e., the Government Land, then the respondents are directed to follow due process of law under the provisions contemplated in Telangana Land Encroachment Act, 1905 to stop the said encroachment.
10. Accordingly, with these observations, the Writ Petition is disposed of. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
_________________________ MRS JUSTICE SUREPALLI NANDA 19th June, 2023 ksl 11 SN,J WP_12885_2019 THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.12885 of 2019 DATED:19.06.2023 ksl