MOHAMMAD YAHIYA QURESHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioner inter alia seeks a declaration that the action of respondents in interfering with the possession of the petitioner over the land measuring Acs.7.31 guntas, Acs.10.07 guntas and Acs.12.34 guntas of survey NoS.725/21, 725/33 and 725/24 of Shamshabad Village and Mandal, Ranga Reddy District (hereinafter referred to as 'the subject land') is without any authority of law and the same is arbitrary and illegal. The petitioner has sought a direction that the respondents be directed not to interfere with the possession and enjoyment of the petitioner. In order to appreciate the grievance of the petitioner, relevant facts need mention, which are stated infra.

(2.) As per the averments of the petition, the petitioner claims to be son of late Mohammed Farooq Qureshi, who succeeded to the subject land. It is pleaded in the petition that father of the petitioner, namely late Mohammed Farooq Qureshi was issued a sale certificate on 27/1/1968 in Application No.104 of 1060 in Application No.335 of 1962 in C.S.No.7 of 1955. It is averred that father of the petitioner was the owner and in possession of the subject land on the strength of the sale certificate dtd. 27/1/1968.

(3.) The vast extent of land measuring Ac.216 - 02 gts was acquired by the State Government for the purpose of establishment of truck terminal-cum-wholesale market. Thereupon, a notification under Sec. 4(1) of the Land Acquisition Act, 1894 (hereafter referred to as 'the Act', for brevity) was issued on 5/1/1987 and an enquiry under Sec. 5A of the Act was conducted. Thereafter, a declaration under Sec. 6 of the Act was published on 19/1/1988. It is the case of the petitioner that neither any notice was issued to his father or others and an award was passed on 12/1/1990 by the Land Acquisition Officer.