Telangana High Court
WP/26229/2006 of Anees Fatema, Vs State of A.P., rep. byCollector, R.R.District, on 27 December 2006
SRI JUSTICE V.V.S.RAO WRIT PETITION No.26229 OF 2006 DATED 27TH DECEMBER, 2006 Between Anees Fatema and another … Petitioners AND State of Andhra Pradesh, rep.by Collector, Ranga Reddy District, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO
THE HON’BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.26229 OF 2006DATED 27TH DECEMBER, 2006
Between
Anees Fatema and another
… Petitioners
AND
State of Andhra Pradesh, rep.by Collector, Ranga Reddy District,Hyderabad and others.
… Respondents
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ORDER:
THE HON’BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.26229 OF 2006
The petitioners herein purchased land admeasuring Acs.14.00 in surveyNos.135 and 136 under two registered sale deeds dated 02.05.1979 fromM/s.M.Prasada Raju and three others and one G.Mallaiah. After purchasingthe property, they also obtained pattadar pass books and title deeds (PPB/TDs)from Mandal Revenue Officer, Rajendranagar. It is also their case that at therequest of the petitioners and others in the locality, the Government issuednecessary notification under A.P.Urban Areas (Development) Act, 1975permitting change of land use from agriculture to residential. When thepetitioners were developing the land for residential purpose, on 05.12.2006,respondents 2 and 3 along with the staff allegedly came with heavy machineryand occupied a portion of the land. Apprehending forcible dispossession, theyfiled the present writ petition inter alia seeking a direction to respondents not toproceed further in any manner on the portion of the land in survey Nos.135 and136 of Kismatpur village of Rajendranagar Mandal in Ranga Reddy District.
The matter was initially heard at preliminary stage on 18.12.2006. Thesame was adjourned to enable the learned Assistant Government Pleader forRevenue (General-T) to get instructions in the matter. After getting instructions,today the learned Assistant Government Pleader submits that the respondentsnever interfered with the possession of the petitioners in respect of patta land insurvey Nos.135 and 136 and that when there was encroachment inGovernment land in survey No.132 abutting the petitioner’s land, theencroachments were removed.
There is no denial that the petitioner’s land in survey Nos.135 and 136 isabutting Government land in survey No.132. Therefore, needless to mention, while taking necessary action to protect the Government land, respondents 2and 3 may keep in view the boundaries of the Government land and patta land,and may not cause any interference to the activities of the petitioners taken upby them on the land in survey Nos.135 and 136 of Kismatpur village ofRajendranagar Mandal. This observation would be sufficient redressal for thepetitioners.
The writ petition is accordingly disposed of. No costs.
27.12.2006.pln
______________(V.V.S.RAO,J)