KARRELYLAMMA Vs. COMMISSIONER KAPRA MUNICIPALITY RANGA REDDY DISTRICT

JUDGEMENT

(1.) This writ appeal is directed against the order of the learned single Judee dated 11.9.1998 made in WP No.25679 of 1998.

(2.) The appellant is the writ petitioner and she filed the above writ petition praying for the following relief:

(3.) The case of the writ petitioner, to put it briefly, is as under: The petitioner is the absolute owner and possessor of the plot bearing No.4 in S.No.137 admeasuring237.1 Sq.yards, which is equivalent to 198.16 Sq. metres of land situated at Laxminagar, Mallapur Village, Uppal Mandal, Rangareddy District, having purchased the same under a registered sale deed dated 14.7.1991 from one S. Srinivasa Rao s/o late Sethu Madhava Rao, who was appointed as Special Power of Attorney by the said Sethu Madhava Rao through document No.42/86 of Book 4, Sub-Registrar Office, Secunderabad dated 27.2.1986, Volume 19, pages 68 and 69 and since the date of sale she has been in actual possession and enjoyment of the same after erecting a temporary fence around the plot. When the writ petitioner visited the plot in the month of June 1992, she found that the boundary stones of Plot No. 4 were removed and tar and metal were dumped in the plot for the purpose of laying a road. The petitioner lodged a complaint with the Commissioner of Kapra Municipality, the 1st respondent in the writ petition, and objected to laying the road across Plot No.4. According to the petitioner, the Municipal Commissioner promised the petitioner to provide an alternative plot or to pay compensation in lieu of the plot as per market value, but the promise was not kept and no compensation was paid to her despite several representations made to the Commissioner including representations dated 13.10.1993 and 29.10.1993. It is the case of the petitioner that without acquiring the said Plot No.4 either under the Land Acquisition Act or under any other enabling statute, high-handedly the respondents have taken over the possession of the land. So alleging, the above writ petition was filed praying for the relief already noticed above.