LAWS(TLNG)-2025-5-4

SMT.BUJJI BANOTH Vs. STATE OF TELANGANA

Decided On May 28, 2025
Smt.Bujji Banoth Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This writ petition is filed seeking a direction from this Court to declare the Proceedings No.B/877/2016 dtd. 19/6/2019 of the respondent No.4 treating the land covered by "Tholla Kharkana" (Old Sy.No.380) of Alwal Village and Mandal, Medchal-Malkajgiri District as Government land as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice, non-application of mind and vitiated by perversity as well as opposed to Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the Proceedings No.B/877/2016 dtd. 19/6/2019 and further direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners' plots.

(2.) The background facts of the case are as under:

(3.) Mr. Srinivas Polavarapu, learned counsel for the petitioners, contended that the sale deed bearing document No.3053/1353 dtd. 26/12/1353 Fasli evidences that one Abu Baker, Abdul Azizand Abdul Hameed sold an extent of Ac.14.13 guntas in old Sy.Nos.380, 381 and 382 of Alwal Village to one Haji Mohammed Turab Saheb. The Encumbrance Certificate No.5188/2003 dtd. 13/8/2003 disclosed the said transaction. The old Sy.Nos.381 and 382 are assigned new Sy.Nos.26, 27, 28, 29 and 30 in the revision survey that took place in 1354 Fasli. As old survey numbers are agricultural lands, the survey authorities assigned new survey numbers. Haji Mohammed Turab Saheb gifted the new Sy.Nos.26 to 30 to his son Mohd. Ibrahim Najam. The rest of the land admeasuring Ac.7.37 guntas in old Sy.No.380 was used as Tanning Units and for that reason, in the revision survey, no new survey numbers has been assigned to old Sy.No.380. The revision survey disclosed that the land in old Sy.No.380 was classified as "Abadi Karkhana Cheram" popularly known as "Tholla Karkhana". By a registered gift deed dtd. 16/7/1981, Haji Mohammed Turab Saheb gifted the old Sy.No.380 admeasuring Ac.7.37 guntas to his grandson Mohd. Najamuddin, who converted the land into plots and sold the same to the petitioners under various sale deeds.