LAWS(TLNG)-2023-1-63

NAGULAPALLY SHYAMALA Vs. STATE OF TELANGANA

Decided On January 31, 2023
Nagulapally Shyamala Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard Sri A.Narasimha Rao, Learned counsel appearing for the petitioners in W.P.No.29804 of 2022. Sri V.Hariharan, Learned senior counsel for Sri Srikanth Hariharan, Learned counsel for the petitioner in W.P.No.27900 of 2022. Sri D.Sudharshan, Learned counsel for petitioners in W.P.Nos.37145, 37159 of 2022. Learned Assistant Pleader for Revenue and Sri L.Prabhakar Reddy, Learned Standing Counsel for TSIIC. All these matters pertaining to the same scheduled property in Sy.No.67 of Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District.

(2.) Learned Counsel for the petitioners appearing in W.P.No.29804 of 2022 submits that the petitioners are the Legal heirs of late Sri N.Raghava Rao. The petitioners claiming that late Sri N.Raghavarao was absolute owner and possessor of the land admeasuring to an extent of Ac.17.31 guntas in Sy.No.67 situated at Adibhatla Village, Ibrahimpatnam Mandal, Ranga Reddy District having purchased the same from the lawful owners Sri Palle Swamy and others for valid consideration on 19/12/1995. Ever since the purchase of the said land in peaceful possession and enjoyment of the same without any hindrance and his name was also printed in the records as owner of the property. Till the date of his demise that is 6/7/2020, he was in possession and enjoyment of the said property. Thereafter the petitioner Nos.1 and 2 being legal heirs of him came into possession of the said property. The then Government of Andhra Pradesh has proposed to acquire the lands within the vicinity for the purpose of expansion of hardware park by the then A.P.I.I.C now T.S.I.I.C and issued land acquisition notification under Sec. 4(1) of the Land Acquisition Act. In the said notification, names of the vendors of Sri N.Raghava Rao were found place. After the said notification neither compensation nor possession was taken over by the A.P.I.I.C. While pending the proceedings Late Sri N.Raghava Rao name was incorporated in the revenue records as owner and possessor of the land, in spite of that the A.P.I.I.C name was shown as enjoyer of the property. Recently, the respondents without issuing any notices to the family members of late Sri N.Raghavarao recorded the T.S.I.I.C. Now the petitioners questioning the action of the respondent Nos.1 to 5 in not deleting the name of the respondent No.6 from the revenue records pertaining to the suit scheduled land and also seeking declaration for the land acquisition proceedings initiated in this regard for lapse long back and the same is arbitrary and illegal and requested to allow the writ petition.

(3.) The Learned Senior Counsel appearing for the petitioner in W.P.No.27900 of 2022 submits that the petitioner herein purchased the two (2) pieces of agricultural lands admeasuring to an extent of Ac.1.00 guntas and Ac.2.00 guntas in Sy.No.67 respectively vide registered documents bearing Nos.559/2011 dtd. 28/1/2011 and 560/2011 dtd. 28/1/2011 situated at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District from Sri Nagulpalli Raghava Rao, S/o N. Srinivas Rao for valuable sale consideration. From the date of purchase, the petitioner is in possession and enjoyment of the said land and cultivated agricultural crops. Now without power and jurisdiction and without initiating land acquisition proceedings, the Respondent-Corporation interfering the possession of the petitioner and requested to allow the Writ Petition.