Telangana High Court
K. Mallikarjunarao vs The State Of Telangana on 18 December, 2024
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.10617 OF 2019
ORAL ORDER:
Heard Smt. B. Rachna Reddy, learned Senior Counsel appearing for the petitioners, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 5 and Sri M. Ram Mohan Reddy, learned Standing Counsel for GHMC, appearing for respondent No.6. Perused the record.
2. Petitioners are claiming that they are the absolute owners and possessors of House Plots Nos.18, 21, 13, 20, 77, 69, 41, 32, 22, 25, 67, 23, 28, 29, 19, 76/1, 89, 12, "10, 72", 84, 14, 76/2, 64, 70, 66, 71, "78, 79, 80", 35, 3, 85, 90, 54, 26 and 52 in Survey Nos.444/20, situated at Nava Bharat area of Palvoncha Mandal, Bhadradri Kothagudem District, on the strength of registered sale deeds. The details of the Petitioners, House Plot Number, Extent in Sq.Yards, registered sale deed document number and date of document are specifically mentioned in the tabular form in paragraph No.2 of the writ affidavit. Even then respondent Nos.5 and 6 tried to dispossess the petitioners from the subject plots, without following due procedure laid down under law. Challenging the said action of 2 respondent Nos.5 and 6, the petitioners filed the present writ petition.
3. Learned Senior Counsel appearing for the petitioners, referring to the counter affidavit in W.P.No.12885 of 2019 dated 19.12.2022 filed by the Tahsildar, Palvoncha, and also the order dated 19.06.2023 in W.P.No.12885 of 2019 would contend that the land in Survey No.444/1 is a Government land. The land in Survey No.444/20 of Palvancha is not a Government land; it is a private patta land. Therefore, the petitioners are also entitled for the relief as granted to the petitioners in W.P.No.12885 of 2019 vide order dated 19.06.2023.
4. In the light of the submissions, this Court directed learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 5 to get specific instructions. She has produced a copy of written instructions of respondent No.5, where in it is stated as follows:
"On verification of revenue records available in the office i.e. sethwar and as per Khasra Pahani (1954-55) it is observed that, the Land in Sy.No.444 total an extent of Ac.853.39gts is recorded as Pormboke land (Govt land) situated in Palvancha village of Palvanch Mandal. Out of Ac.853.39gts, an extent of Ac.587.19gts of land alienated to various other departments and Ac.83.28gts weaker 3 section for (SC/STs) house sites given to them and some portion of extent Ac.166.32gts was assigned to landless poor persons long back, total extent Ac.837.39gts. The rest of the extent Ac.16.00gts is purely Government vacant land under control of the department for safe custody for utilising any other exclusively use of public purposes and also this piece of land adjacent to National Highway of Kothagudem to Bhadrachalanı Road. It is very prime land and the value of worth Rs.25 crores approximately now it is opposite to Integrated Collectorate Complex.
It is to submit that on verification of material papers available in the office, it is observed that the patta stands in the name of Smt Jalagam Tulasamma for the land to an extent of Ac.8.00gts in Sy.No.444/20 situated at Palvoncha Village & Mandal. Later, the individual namely Smt Jalagam Tulasamma has sold out the entire land to the Hindustan Allied Chemicals Company Ltd. through a registered deed bearing No. 366/1966, Dt:06.04.1966. After that, the subject land is got transferred to TSIIC Ltd, Palvoncha during the year by making registration by the individual. At present, the total land to an extent of Ac.8.00gts in Sy.No.444/20 is under control of TSIIC, Ltd, Palvoncha and it is far away from the Govt land, in which the revenue authorities have erected a board, which is falls in Sy.No.444/1, which is purely Govt. land.
It is to further submit that it Sri Jalagam Permallu, brother of Smt Jalagam Tulasamma by hiding all facts, has obtained the PPB/TD for the land to an extent of Ac.8.00gts in Sy.No.444/20 by misguiding the revenue authorities. Later then, he has irregularly executed a sale deed in favour of M/s Good Samaritan Evangelical Lutheran 4 Mission, Bhadrachalam. After that the said society has made irregular registration to various persons, among them the writ petitioners are also involved. In this regard, it is submitted that the land for which the writ petitioners are claiming for is falls in Sy.No.444/1, which is purely Govt. land. The registration took place over the Govt. land is null and void. The transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of Govt. land is prohibited under Section 22(A) of Registration Act 1908. As a matter of it, we have erected a board in the Govt. land on Dt:04.05.2019 but not interfered with the for which writ petitioners are claiming for, which is situated in Sy.No.444/20, which is far away from the Govt. land, where we have erected board.
It is finally submitted that, the writ petitioners are having no right for claiming title over the subject land but they are trying to grab the subject land with greedy eye by manipulating the general public as the subject land as it is very prime land and it is situated adjacent to National Highway from Kothagudem to Bhadrachalam Road (viz; Vijayawada to Jagadhalpur NH-221)."
5. Thus, according to the petitioners, the subject plots are in Survey No.444/20 of Palvancha Village and according to respondent No.5, the subject land is in Survey No.444/1. Though the petitioners are claiming that they are the absolute owners and possessors of the said plots in Survey No.444/20, they are in physical possession of the land in Survey No.444/1 5 of Palvancha Village. A board was erected on 04.05.2019 itself. The said written instructions are placed on record.
6. Thus, the aforesaid facts would reveal that the petitioners are claiming the subject plots are in Survey No.444/20 and according to respondent No.5, they are in physical possession of the land in Survey No.444/1 of Palvancha Village. Thus, there is a dispute with regard to identification of property. The same will be decided only on conducting survey by respondent No.5. Respondent No.5 has to conduct survey and demarcate the land in Survey Nos. 444/20 and 444/1 of Palvancha Village. At this stage, both learned Senior Counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue would submit that there are several subdivisions to Survey Nos.444/20 and 444/1 of Palvancha Village. Therefore a direction may be given to respondent No.5 to conduct survey with the help of Assistant Director, Survey and Land records, Palvancha Bhadradri-Kothagudem District.
7. In the light of said discussion, this writ petition is disposed of directing respondent No.5 to conduct survey with the help of Assistant Director, Survey and Land records, Palvancha Bhadradri-Kothagudem District, strictly in accordance 6 with law by putting the petitioners and all other interested parties on notice and affording them an opportunity, demarcate the land in Survey Nos.444/20 and 444/1 of Palvancha Village, within a period of four (4) weeks from the date of receipt of a copy of this order. Till then, respondent Nos.5 and 6 are directed not to interfere with the possession of the petitioners over the subject plots. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
______________ K. LAKSHMAN, J Date: 18.12.2024 DSV/HFM