MAHNOOR FATIMA IMRAN Vs. VISWESWARA INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from the order of the Division Bench of the High Court of Telangana in a writ appeal filed from the judgment in a batch of writ petitions dismissed by a common order. The appeal was only against the judgment in W.P No.30855 of 2016; which writ petition essentially prayed for restraining the Telangana State Industrial Infrastructure Corporation Limited(For brevity 'the TSIICL') the first respondent therein from attempting to enter into the land of the writ petitioners having an extent of 53 acres, situated in Survey No.83/2 of Raidurg Panmaktha, Village Serilingampalle Mandal, Ranga Reddy District, with prayers also against demolition of the fencing and structures without any notice or without any right or authority. The connected writ petitions also claimed similar reliefs as against the first respondent, but with respect to smaller extents of property, said to have been purchased from the original owners. The appellants before the Division Bench claimed that they are in possession of the subject property on the strength of registered title deeds in which the vendor is one M/s Bhavana Co-operative Housing Society Ltd.(Bhavana Society hereinafter) who obtained possession of the land under an agreement of sale on 19/3/1982. We are not concerned with the other writ petitions since the impugned judgment in the SLPs are concerned with only an appellate order reversing the judgment in WP No.30855 of 2016 and allowing the said writ petition.

(3.) The learned Single Judge after dealing with the various proceedings taken against the total extent of 525 acres 31 guntas in Survey No.83 of Raidurg Panmaktha Village, Serilingampalle Mandal, Ranga Reddy District, originally belonging to 11 individuals, under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973((hereinafter referred to as, 'the Land Reforms Act')) and the Urban Land (Ceiling and Regulation) Act, 1976(hereinafter referred to as 'the Land Ceiling Act') confined the consideration to the 53 acres. It was noticed that the agreement of sale dtd. 19/3/1982 was validated by proceedings of the Assistant Registrar, Ranga Reddy District on 11/9/2006 which validation was held to be fraudulent by the District Registrar, Karimnagar by order dtd. 12/8/2015.