HEREKAR SHANKAR LAL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made:

(2.) Heard the arguments of Sri Sita Ram Chaparla, learned counsel appearing for Sri K. Gani Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent No.1, Sri Y.Rama Rao, learned Standing Counsel for Hyderabad Metropolitan Development Authority (HMDA) appearing for respondent No.2 and perused the record.

(3.) The material placed on record and the submissions made on behalf of the petitioner reveal that the petitioner was the owner and possessor of land admeasuring Ac.0-12 gts in Sy.No.368 situated at Chandanagar Village, Serilingampally Mandal, Ranga Reddy District and he purchased the said land from Sri K.Ranga Reddy, under agreement of sale dated 16.05.1984 and thereafter, got validated the same by paying deficit stamp duty before the District Registrar, Ranga Reddy District. Originally, the said Sri K.Ranga Reddy, was the owner and possessor of land admeasuring Ac.4-09 gts in Sy.No.368 situated at Chandanagar Village, Serilingampally Mandal, Ranga Reddy District and out of said land, an extent of Ac.3-12 gts of land was acquired by Hyderabad Urban Development Authority (HUDA), an extent of Ac.0-25 gts of land was acquired by Manjeera Drinking Water Pipeline and the remaining extent of land i.e, Ac.0-12 gts was sold to the petitioner herein. It is further submitted that out of said Ac.0-12 gts (1452 sq.yards) of land, the petitioner sold land admeasuring 750 sq.yards in Sy.No.368 in favour of Mohammed Saber and four others through registered sale deed bearing document No.10040/2016 dated 03.09.2016 and retained the remaining extent of land i.e, 702 sq.yards in Sy.No.368 with him. It is contended that though the subject land is not a Government land, the respondent No.2- HMDA, without having any manner of right, title or interest, is trying to interfere and dispossess the petitioner from his peaceful possession and enjoyment over the subject land, without following due process of law. Learned counsel for the petitioner relied upon the decision reported in Government of Andhra Pradesh vs. Thummala Krishna Rao and another, 1982 2 SCC 134 and ultimately prayed to grant the relief as indicated above.