Telangana High Court
Dilawar Hussain vs The State Of Telangana on 23 September, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No. 36915 OF 2022
O R D E R:
This Writ Petition is filed seeking the following relief:
" .... to issue a writ any order or direction more particularly in the nature of writ of mandamus declaring the action of the Respondents No.2 and 5 in illegally causing interference in the subject property to an extent of 866 sq. yds. in Sy.No. 91 of Gachibowli Village of Serilingampally Mandal without any reasonable and just cause as illegal and arbitrary and consequently direct the respondent No. 2 and 5 herein to desist from causing illegal interference in the subject property to an extent of 866 sq. yds. in Sy.No. 91 of Gachibowli Village of Serilingampally Mandal of the petitioner herein without following the due process of law and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. Sri Mohd. Ismail Khan, learned counsel for the petitioner submits that the petitioner was allotted land admeasuring 3366 square yards in Survey No. 28 of Khajaguda Village in lieu of land admeasuring 2057 square yards affected in Survey No. 84 of Raidurg Panmaktha Village, Serlingampally Mandal. It is submitted that though the said land was allotted in favour of the petitioner, its possession could not be handed over due to reasons of prior allotment. Learned counsel submits that therefore, the District Collector, Ranga Reddy District vide proceedings dated 27.05.2009 was pleased to grant 3366 square 2 yards of land in Survey No. 91 of Gachibowli Village of which only a part admeasuring 866 square yards constitutes the subject property in this Writ Petition. Learned counsel submits that thereafter, on 28.05.2009, the Special Grade Deputy Collector has directed to hand over possession of the entire property in petitioner's favour. He submits that the petitioner has decided to take up construction in the year 2019. When it is stated that the subject property fell under Full Tank Level, the petitioner made an Application to the government with a request to conduct inspection and to issue clarification with regard to the FTL boundary of Pedda cheruvu dam. He further submits that it is thereafter on 13.12.2019, a letter was issued stating that the petitioner's lands are not getting affected by the FTL and are already been designated as residential use zone instead of recreational zone. It is submitted that after obtaining the said rectification, the petitioner has constructed a compound wall. It is further submitted that while this being so, Respondents 2 to 5 have again started making rounds of the entire property of the petitioner asking him orally to pull down his boundary walls from the subject property.
3. Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondent Corporation submits that the 3 respondent Corporation is not interfering with the petitioner's possession.
5. Learned Assistant Government Pleader for Irrigation, on instructions, submits that the respondent authorities have not interfered with the property of the petitioner, as alleged by him. However, he submits that if the petitioner's land falls within FTL, before initiating any proceedings, the respondent authorities will follow due process.
6. Recording the submission of the learned Assistant Government Pleader, the Writ Petition is disposed of. The respondent shall not interfere with the possession of the petitioner without following due process of law. No order as to costs.
7. The miscellaneous Applications, if any shall stand closed.
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LALITHA KANNEGANTI, J 22nd September 2022 ksld 4 5