LAWS(TLNG)-2021-4-38

M.SREERAM REDDY Vs. STATE OF A.P.

Decided On April 20, 2021
M.Sreeram Reddy Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the proceedings No. R1/3023/ 09, dtd. 26/3/2012 of the respondent No. 1 in canceling the Conveyance Deed, dtd. 24/9/2009 executed by the then District Collector, Hyderabad District, vide document No. 3079 of 2009 in respect of the land to an extent of 166 square yards in Sy. No. 281, correlated to TS. No. 4, Ward No. 21, Block-N, premises No. 13/6/437/2/F, situated at Gudimalkapur Village, Asifnagar Mandal, Hyderabad.

(2.) The case of the petitioner, in brief, is that basing on the long standing occupation of the subject land, which is admittedly, Government land, the petitioner made an application on 27/6/2008 seeking transfer of rights of the subject land in his favour, as per G.O.Ms. No. 166, dtd. 16/2/2008. Basing on the enquiry report submitted by the Tahsildar, Asifnagar, Hyderabad, the District Level Regularization Committee, in its meeting held on 25/5/2009, had recommended for transfer of rights of the subject land in favour of the petitioner on payment of Rs.1,64,548.00, being the market value of the land. On payment of the said amount vide challan Nos. 146285 and 137993, dtd. 27/8/2009 and 31/7/2009, the respondent No. 1 issued the proceedings on 17/9/2009 and also executed a Conveyance Deed bearing document No. 3079 of 2009, dtd. 24/9/2009 transferring the ownership rights of the subject land in favour of the petitioner in terms of G.O. Ms. No. 166, dtd. 16/2/2008. Subsequently, the petitioner, with an intent to construct a new building, demolished the existing structures and obtained building permission from the GHMC, vide permit No. 30/59, dtd. 9/12/2009. However, basing on a complaint alleging that the subject land falls in T.S. No. 4, Block-N, Ward No. 21, correlated to Sy. No. 281, which is classified as G-Well, the respondent No. 1 called for a report from the Tahsildar, Asifnagar, and on the basis of the same, vide impugned proceedings, dtd. 26/3/2012, ordered to cancel the Conveyance Deed executed in favour of the petitioner on 24/9/2009.

(3.) This Court while admitting the writ petition on 12/4/2012, granted interim suspension of the impugned proceedings in W.P.M.P. No. 13007 of 2012.