FAZAL ALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is the owner and possessor of the property bearing No: 3-5-784, situated opposite to Judy Mosque, King Kothi, Hyderabad. The said property with various sub numbers including covered area and open area, admeasures about 2,426 square yards. The said property originally belonged to H.E.H., the Nizam of Hyderabad and the same was included in the "Blue Book" of the Nizam's property, and, the same was gifted to the petitioner in 1954 by the late H.E.H. the VII Nizam of Hyderabad being the petitioner as one of his adopted sons. The petitioner has sold the portion thereof, and is presently in possession of the main premises bearing No.3-5-784/1. With a view to take up certain additions and alternations, he had applied for sanction to the Municipal Corporation of Hyderabad. Even though, the said plan is deemed to be the sanction, the M.C.H. still tried to interfere with the construction, as a result of which he filed O.S. No.123 of 1987 before the 1st Additional Judge, City Civil Court, Hyderabad and the same was decreed in favour of the petitioner declaring that he is entitled to take up construction as detailed in the plaint therein and consequently, restrained the M.C.H. from interfering with the proposed construction of the petitioner in accordance with the said plan. The premises bearing No.3-5-784/1/A was sold by the petitioner to one Habeeb Mohammed and the other sub numbers stood in the name of the petitioner. While so, a small residential portion comprising 125 square yards, which is part of premises No.3-5-784/1 was obtained on rental basis by one L, Sri Ramulu who along with his family has been residing there for the last 25 years on a meagre rent to the petitioner. Meanwhile during the year 1999, it was found by the petitioner that the said Sriramulu allowed his son in law, the 4th respondent to reside in the said house. After lot of persuasion and on humanitarian grounds, on the request made by the said Sriramulu, the petitioner agreed to sell the said house to his son-in- law. On mutual settlement, the consideration was of Rs.3,00,000.00 was fixed and the 4th respondent entered into an agreement of sale dated 5-6-1999 with the petitioner and an amount of Rs.75,000.00 was paid as advance and the 4th respondent promised to pay the balance on or before 31-10-1999.

(2.) Meanwhile, the 4th respondent who was occupying the said premises vacated the entire premises and handed over possession to the petitioner on 15-2-2000 and then, the petitioner got the premises cleaned, painted and it was under his lock and key. While things stood thus, the 3rd respondent issued a letter addressed to the 2nd respondent vide No.SD4/NG/QTRS/2K, dated 28-2-2000 mentioning that as if the above said property in question is a staff quarter of the 3rd respondent and it is about to be vacated and it requires some police protection. In pursuance of the same, on 28-2-2000, respondents 3 and 4 and Sriramulu along with the Dy. Executive Engineer and staff and employees of Water Works Department descended on the petitioner's property and broke open the petitioner's lock and forcibly entered the said vacated portion and have been proclaiming that said premises is the property of the Water Works Department. Hence, the petitioner seeking for a direction in the nature of writ of mandamus to declare that the action of the respondents in high handedly dispossessing the petitioner purporting to be in pursuance of the letter of the 3rd respondent dated 28-2-2000 as registered by the 2nd respondent as 'GD entry No. para 11 dated 28-2-2000', is illegal and also to direct the respondents to forthwith restore the said premises to the petitioner.

(3.) The 3rd respondent filed the counter. While denying the allegations in the affidavit filed in support of the writ petition, it is contended inter alia that neither Hyderabad Metropolitan Water Supply and Sewerage Board nor its employees are in any way concerned with the petitioner. At premises No.3-5-784/l/A, King Koti, Hyderabad, an old water supply reservoir exists. This C.R.S. (Coarsed Rubble Stone) Masonary constructed reservoir was a part of water supply system under Hussain Sagar Lake as source. The said reservoir and its abutting space were used by Hyderabad Water Works Department since 1910 AD and subsequently, it continued to be the property of Hyderabad Metropolitan Water Supply and Sewerage Board. The Judgment in O.S. No.123 of 1987 on the file of the 1st Additional Judge, City Civil Court, has no relevance in as much as the Municipal Corporation of Hyderabad was directed not to interfere with the proposed construction by the petitioner at premises bearing No.3-5-784/1 and thus, the petitioner is trying to mislead the Court. The premises bearing No.3-5-784/l/A belongs to Hyderabad Metropolitan Water Supply and Sewerage Board and the adjoining Government watchman quarters were allotted to one of its employees. The open place adjacent to the Reservoir was actually the pump room which has later become defunct. In the said place, an accommodation was provided for the watchman to operate the reservoir system. Later in the year 1974, the Executive Engineer, Hyderabad Water Works, Division No.1, in his proceedings No. Even/ HWW-I/26/72/74/345/9950, dt. 28-3-1984, has allotted the said Government Quarters, known as Watchman quarters, to one L. Sriramulu, U.D.C. who was working then in the Superintending Engineer, Water Works Circle Office. He continued his stay till his retirement i.e., on 31-1-1999 as General Manager and subsequently, the said quarter was allotted to his son viz., Sri L. Srinivasarao, working as Technician Grade I as per the proceedings dated 3-7-1999. The premises bearing No,3-5-784/ 1/A being a Government property and an essential services department, is exempted from payment of property tax. They have been paying the H.R.A. since the date of occupation. Apart from the allotment letters of the quarters to the said Sriramulu and Srinivasarao, the Board is having electricity Bills dated 3-7-1974 onwards and that the payment of telephone bills pertaining to Phone No.211481, was made on behalf of Sriramulu by the Board. Subsequently, on 28-2-2000, one Srinivasarao vacated the quarter. Immediately, a Sewerage staff office has been established in the premises and in connection with the inauguration of the same, a police bandobast was requested on 28-2-2000. Therefore, this writ petition is liable to be dismissed.