KOMARAVALLY VENKATESHAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking a Writ of Certiorari calling for the records relating to proceedings No.E7/2504/2013 dtd. 5/12/2014 passed by the second respondent confirming the orders passed by the respondents 3 and 4 dtd. 6/4/2013 and 11/5/2012 respectively under the provisions of the A.P. Land Encroachment Act, 1905 ("the Act, 1905" for brevity) and to declare the same as illegal, arbitrary and contrary to law.

(2.) The facts of the case are that the petitioners herein claim to be the absolute owners and possessors of the residential house bearing municipal No.9/1/176, 9/1/176/A, 9/1/170 and 9/1/171, (popularly known as ABN compound) with an extent of land admeasuring 3150 square yards situated at S.D.Road opposite to Clock Tower, Secunderabad, forming part of Survey No.51 having purchased the same under a registered sale deed dtd. 30/3/99 vide document No.1827/2006 and claiming to have been in possession and enjoyment of the said property since the date of its purchase.

(3.) It is also the case of the petitioners that the vendor of the petitioners namely M/s. Property Association of Baptist Churches Private Limited acquired the said property by virtue of amalgamation of all American Baptist Foreign Mission Society in terms of the order passed by the High Court of Madras in Company Petition Nos.109 and 110 of 1973 and in turn the said American Baptist Foreign Mission Society is stated to have acquired the said property under a registered sale deed vide document No.176/1885. The petitioners also claiming to have been paying the property tax in respect of the subject property since the date of their purchase in the year 1999. When the petitioners intended to construct a house in the subject property and approached the Greater Hyderabad Municipal Corporation ("GHMC" for brevity) for obtaining approval for such construction permission, the GHMC insisted for obtaining NOC from the District Collector concerned and the petitioners approached the District Collector, Hyderabad District for obtaining NOC but same was refused by the District Collector on the ground that the subject property is classified as Government land in the records of the Government.