Katu Chinna Laxmaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOs.4102 AND 13553 OF 2019 COMMON ORDER: {Per the Hon'ble Sri Justice P.Naveen Rao} Learned Special Government Pleader representing the learned Advocate General submits that as evident from the letter of Tahsildar dated 06.03.2014, addressed to the Sub-Registrar of Assurances, Gajwel, an extent of Acs.89.28 gts in Survey No.326 is recorded as Government land and lands in Survey Nos.326/4 to 326/12 and 326/15 to 326/50 are classified as patta lands. Further, the total extent of land in Survey No.326 situated at Mutrajpally Village is Acs.201.25 gts and in that the land, an extent of Acs.73.03 gts in Survey No.326/1, Acs.3.06 in Survey No.326/2, Acs.8.22 gts in Survey No.326/3, Acs.3.12 gts in Survey No.326/13 and Ac.1.25 gts in Survey No.326/14, in total Acs.89.28 gts is Government land and the remaining extent of Acs.112.07 gts in Survey Nos.326/4 to 326/12 and 326/15 to 326/50 is classified as patta lands.

Learned counsel for the petitioners submits that even in Survey No.333, the entire extent of land is not Government land and some extent is private land and only the remaining land is Government land.

According to the petitioners, they own the subject land having purchased the same from the original pattadars and without following due process of law, treating the subject land as Government land, the respondents are trying to dispossess them.

Learned Special Government Pleader, on instructions, fairly submits that the issue whether the land occupied is Government land or private land may be verified and on such verification, by following due process of law, the persons in occupation shall be dispossessed or if it is private land, due process of law may be followed before dispossessing the persons, if the land is required for public purpose. He also submits that the issue of sub-divisions and treating some extent of land in Survey Nos.326 and 331 as private land is said to have attained finality and the matter is pending consideration before the District Collector, Siddipet. In view of the above submissions, both the Writ Petitions are disposed of. The respondents shall take action, as stated by the learned Special Government Pleader. It is made clear that no person, who is in possession of the land, shall be dispossessed without following due process of law.

There shall be no order as to costs.

Miscellaneous applications, if any, pending shall stand closed.

_____________________________ (A.RAJASHEKER REDDY, J) ____________________ (P.NAVEEN RAO, J) 8th November 2019 RRB