Telangana High Court
Murtuza Mushtaq vs State Of Telangana And 3 Others on 5 November, 2020
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.18179 of 2020
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made:
"...to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent-Tahsildar in issuing the impugned Notice No. B/733/2020, dated 10/08/2020 U/s 7 of the Telangana State Land Encroachment Act, 1905 in respect of House property bearing H.No.6-1-26 on Plot No.26 admeasuring 174 Square Yards in Survey Nos.22(Part), 23 to 26 situated at M.G.S.Royal Colony, Neknampur, Gandipet Mandal, Ranga Reddy District, by claiming that the said land falls within Survey Nos.44/1 and 44/2 belonging to the Government, as illegal, unjust, arbitrary, violative of principles of natural justice, violative of the settled principles of law and in violation of Articles 14, 21 & 300A of the Constitution of India, and set aside the same, and consequently direct the Respondent Authorities to conduct Survey of lands in Survey Nos.22(Part), 23 to 26 and 44/1 and 44/2 situated at Neknampur Village, Gandipet Mandal, Ranga Reddy District in the presence of the Petitioner, after issuing Notice, as per his Reply dated 14/09/2020, before passing any further orders under the Telangana State Land Encroachment Act, 1905 and pass such other order or orders..."
2. Heard both sides. Perused the record.
3. The petitioner claims that the father of the petitioner was the absolute owner and possessor of House property bearing H.No.6-1- 26, Plot No.26, admeasuring 174 Square Yards in Survey Nos.22 (Part), 23 to 26 situated at M.G.S.Royal Colony, Neknampur, Gandipet Mandal, Ranga Reddy District. The father of the petitioner died on 01.07.2020 leaving behind the petitioner herein as his sole legal heir. In this writ petition, the petitioner challenged the notice, dated 10.08.2020, issued by the 4th respondent/Tahsildar, Gandipet Mandal, bearing No.B/733/2020, issued under Section 7 of the Telangana State Land Encroachment Act, 1905, wherein, it was stated that the petitioner is in unauthorized occupation of the subject land, which is the property of Government under Section 24 of the T.S.(T.A.) Land Revenue Act, 1317 Fasli, and to show cause as to 2 why he should not be evicted from the said land.
4. The learned counsel for the petitioner would contend that the subject plot of the petitioner is situated in patta land as indicated in the registered sale deed, which is not a part and parcel of land in Sy.Nos.44/1 and 44/2 of Neknampur Village, Gandipet Mandal, Ranga Reddy District.
5. On the other hand, the learned Assistant Government Pleader for Revenue would submit that a letter is addressed to the concerned Revenue Divisional Officer for conducting survey of the land by Deputy Inspector of Survey. That letter is pending with the said Revenue Divisional Officer. After conducting survey and demarcating the land in Sy.Nos.44/1 and 44/2 situated at Neknampur Village, Gandipet Mandal, Ranga Reddy District, then only appropriate action would be taken against the petitioner, in accordance with law.
6. Under these circumstances, since the revenue authorities are contemplating to take action in accordance with law and right now, there is no interference or threat of dispossession by the revenue authorities, no orders need be passed in this writ petition as prayed for.
7. With the above observation, the writ petition is disposed of. It is made clear that this order will not preclude the revenue authorities to take action against the petitioner, in accordance with law.
Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J 05th November, 2020 Bvv