SYED ALI QUADRI Vs. DISTRICT COLLECTOR HYDERABAD

JUDGEMENT

(1.) The appellant is aggrieved by the dismissal of the writ petition. Appellant alleged that he is the absolute owner of the lands bearing Sy. Nos.54 and 55 of Gudimalkapur village, corresponding to T.S. No.36, MCH No.12-2-342, admeasuring Ac.2.12 guntas, situated at Syed Aii Guda, Hyderabad. Appellant's case is that since lands are in the custody of the Government, he had filed a petition in Case No.B/1464/ 2000 before 2nd respondent to conduct Inam enquiry and to confirm the grant in his favour in respect of the lands. The said proceedings were disposed of on 6-6-2002 with direction to the petitioner-appellant to get a succession certificate. Petitioner approached the Civil Court and filed suit for declaration, which is pending. Pending said litigation, petitioner made request to respondents 1 and 2, in whose custody the land is, to ensure that the property is kept in tact free from all encroachments and since respondents failed to do the same, writ petition was filed. Learned single Judge dismissed the said writ petition on the ground that appellant as of to-day had no title over the lands and of course respondents are bound to take care of the said lands from any encroachments.

(2.) We are informed that earlier a writ petition was filed wherein direction was issued to the respondents to protect the property and since writ petition was disposed of, the order has come to an end.

(3.) There is no manner of doubt that respondents, who are having custody over the property, are bound to keep the property in tact and on petitioner producing succession certificate, they are bound to hand over the same-to the petitioner free from all encroachments. Therefore, when the property is in the custody of the respondents 1 and 2, they have to ensure that encroachments, if any, are removed by taking all possible and effective steps and in case any person is carrying on any construction illegally without obtaining appropriate sanction from 3rd respondent, it is an obligation on the part of 3rd respondent to gear up its machinery and ensure that all constructions made without obtaining any permission are removed in accordance with law.