GOUTHAM RAO V Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner herein claimed to be the absolute owner and possessor of the land bearing Survey No. 1253 to an extent of Ac.0-09 guntas situated at Metpally, Karimnagar District files this writ petition seeking a Writ of Mandamus declaring the action of the respondent No.1 in initiating proceedings by issuance of notice in File No.B/1720/2001 dated 28-12-2001 as illegal and to set aside the same.

(2.) The petitioner submits that the said property was purchased by his mother viz., Smt. B. Satyamma on 17-8-1957 under a simple sale deed from its original owner and since then she has been in possession and enjoyment. However, she died on 4-2-1998 and thereafter the petitioner continues to remain in possession and enjoyment. In the year 1995 itself, the respondents have issued the pattadar pass book in favour of the mother after holding a regular enquiry and later on, a sale certificate was issued on 24-3-1995. However, since the respondent No.2 has encroached to an extent of 90 square yards into the said land, the petitioner had filed a suit in O.S.No.12 of 2001 on the file of Junior Civil Judge, Metpally for declaration of title, recovery of possession and also for mandatory injunction for removing the structures raised by the respondent No.2 on the said land encroached by him. The case of the petitioner is that it is only after filing of the said suit, the respondent No.2 has approached the authorities and the impugned proceedings have been initiated whereby the petitioner is asked to appear in the enquiry in pursuance of the notice.

(3.) The further case of the petitioner is that the respondent No.1, who issued the said notice, has absolutely no jurisdiction nor there is any warrant for initiating the proceedings as such. Accordingly, the very entertainment of application by the respondent No.1 at the instance of the respondent No.2 is illegal and liable to be set aside. Hence the writ petition.