TELANGANA NGO S CO-OPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. STATE OF A P REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT

JUDGEMENT

(1.) This writ petition is filed seeking Certiorari to call for the records relating to the order, dated 22.11.2011, passed by the Deputy Collector and Tahsildar, Rajendranagar Mandal, R.R. District under Section 6 of the A.P. Land Encroachment Act, 1905 and to quash the same together with the consequential notice, dated 8.12.2011. The brief facts are as under:

(2.) Long thereafter, the District Collector, Rangareddy by proceedings dated 6.2.2009 allotted 4 acres of land situated in Sy.No. 156/ 1/P of Mylardevpally Village to the Hyderabad District Administration for the purpose of construction of houses to persons belonging to weaker sections. Pursuant thereto, the possession was handed over to the Deputy Executive Engineer (Housing) of Greater Hyderabad Municipal Corporation on 12.2.2009. Challenging the said proceedings, the petitioner society filed W.P.No. 6288 of 2009 contending that the said 4 acres of land forms part of the 100 acres of land allotted to the society and that the same was earmarked under the layout for construction of school, college, playground and etc., for the colony people. The said writ petition was opposed by the respondents therein contending that the petitioner society was in possession of Ac. 130-09 guntas of land as against 100 acres allotted to it. It was also alleged that the society had encroached upon the excess land to an extent of Ac.30-09 guntas and that the 4 acres of land allotted under the proceedings dated 6.2.2009 forms part of the said excess land. By order dated 11.4.2010 this Court allowed the said writ petition and set aside the proceedings of the District Collector, dated 6.2.2009 holding that the impugned proceedings were vitiated by non-compliance with the principles of natural justice. However liberty was granted to the State for taking appropriate action for recovery of possession of excess land in possession of the petitioner society as per law.

(3.) Against the said order, though the Government preferred Writ Appeal No. 326 of 2010, it was dismissed by a Division Bench by judgment dated 29.3.2011 making it clear that recovery of possession of the excess land alleged to be in occupation of the society had to be done only by following due process of law but not unilaterally. However, WAMP.No. 143 of 2011 filed by the Government seeking permission to conduct survey of the entire extent of Sy.No. 156/1 of Mylardevapalli was allowed by the Division Bench.