K VIVEK REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A Division Bench consisting of Hon'ble the Chief Justice and Hon'ble Sri Justice P.V. Sanjay Kumar referred the following points for decision under Clause 36 of the Letter Patent.

(2.) Before considering the points, it is appropriate to state the facts of the case.

(3.) The layout plan submitted by Sri Syed Azam, the owner of land in Sy. No. 48/1, Bagh Ameberpet, Hyderabad, in the year 1963 was approved as LP No. 42/63. Plot No. 7 in Block-K of this lay out admeasuring 1000 sq. mtrs. (70' x 154') abutting 14.63 meter road was released by Sri Syed Azam to Dr. Syed Omer. He has constructed a building therein and it was assigned D. No. 2-2-20/K/9, Durgabai Deshmukh Colony, Bagh Amberpet, Hyderabad. Subsequently an extent of 500 sq. meters (35' x 154') lying to the southern portion of this premises was earmarked for special reservation (high school use) zone in the notified Zonal Development Plan of the Hyderabad Urban Development Authority of Hyderabad. Dr. Syed Omer sold under a registered sale deed dated 01/08/2005 an extent of 500 sq. meters (35' x 154') situated on the northern portion of the premises No. 2-2-20/k/9 to Ms. Leena Bollapragada, Respondent No. 5,. with boundaries as below: