Zaheera Ameer v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) WEDNESDAY. THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 10327 OF 2019 Between:
Zaheera Ameer, W/o Dr. T. Ameer Khan, Aged about 58 years, Rl/o. H.No.8-12991111, Al- Hamra Colony, Shaikpet, Hyderabad. ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary (Revenue), Secretariat Buildings, Hyderabad.
The District Collector, Hyderabad District, Hyderabad. The Special Officer and Competent Authority (ULC), Urban Land Ceiling, Hyderabad.
The Tahsildhar, Shaikpet Mandal, Hyderabad.
4.
...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of a writ of lvlandamus declaring the action of the Respondents in trying to dispossess the petitioner from her house property i.e. H.No. 8-1-299111 1, admeasuring 320 Sq. Yards, Al- Hamra Colony, Shalkpet, Hyderabad, as illegal, arbitrary, in violation of Articles 14,21 and 300-4 of the Constitution of lndia and also in violation of principles of the natural justice, besides in violation of Urban Land Ceiling (Repeal) Act, and consequently direct the respondents not to interfere with peaceful possession of the petitioner over house property i.e. H.No. B-1-2991111, admeasuring 320 Sq. Yards, Al- Hamra Colony, Shaikpet, Hyderabad.
lA NO: 1 OF 2019 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with peaceful possession of the petitioner over house property i.e. H.No. B-1-2991111, admeasuring 320 Sq. Yards, Al- Hamra Colony, Shaikpet, Hyderabad, pending disposal of the above writ petition. Counsel for the Petitioner: SRI ABDUL RAHIM Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.1O327 of 2OL9 ORDER:
This Writ Petition, under Article 226 of the Constitutlon of India is filed by the petitioner, wherein, the following prayer is made:
".,,to issue any writ, order or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in trying to dispossess the petitioner from her house property, i.e. H.No.8-1299/Lftt admeasuring 320 square yards, Al-Hamra Colony, Shaikpet, Hyderabad, as illegal, arbitrary, in violation of Articles 14, 21 and 300-A of the Constitution of India and also in violation of principles of natural justice, besides in violation of Urban Land Ceiling (Repeal) Act and consequently direct the respondents not to interfere with peaceful possession of the petitioner over house property i.e., H.No.8-1-299/tLL, admeasuring 320 square yards, Al-Hamra Colony, Shaikpet, Hyderabad, and to pass such other order or orders.,.."
2.
Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record.
3.
The learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the house bearing No.B-1-2991111, admeasuring 320 square yards situated at Al-Hamra colony, Shaikpet, Hyderabad, having purchased the same under a registered sale deed vide document No.4232 of 1995, dated 14.09.1995 from Gomi Bai and others. It is contended that the petitioner and her predecessors-in-title obtained electricity and water connections to the said property and the petitioner is paying consumption charges regularly to the concerned authorities. The respondents, without having any manner Of right, whatsoever, are causing interference with the
peaceful possession and enjoyment of the petitioner over the subject property and tying to evict the petitioner with an intention to harass her and ultimately prayed to grant the relief as ind icated above.
4.
On the other hand, learned Assistant Government Pleader for Revenue on written instructions, would submit that the subject land is Ceiling Surplus land. The Enquiry Officer from Urban Land Ceiling (ULC) office took possession of the subject land under Section 10(6) of the Urban Land (Ceiling and Regulation) Act, 7976 by following due process of law and thereafter, handed over the same to the-then Deputy Tahsildar, Shaikpet Mandal, under cover of panchanama and sketch. Thus the State Government has become absolute owner and possessor of the subject land. The subject land is surrounded with the compound wall and a sign board is also erected therein. in this connection, the respondent No.4-Tahsildar, Shaikpet Mandal, Hyderabad, filed LGC No.3B/2012 before the Special Court constituted under A.P.
Land Grabbing (Prohibition) Act, 1982, wherein the learned Special Court granted status quo order. Subsequently, the said LGC No.3B/2012 was renumbered as LGOP No,164/2077 and pending for adjudication. It is further submitted that neither the petitioner nor her predecessors-intitle were never in possession over the subject land at any point of time. All the averments made ln the writ petition are absolutely false and ultimately, prayed to dismiss the writ petition.
5.
As per the submissions made by the learned Assistant Government Pleader for Revenue, the subject land is Ceiling Surplus land and the Government has taken possession of the same by following due process of law. Further, the petitioner is not at all in possession of the subject land. The contention of the petitioner is that she has constructed one room and compound wall over the subject land. Whereas the learned Assistant Government Pleader for Revenue would submit that the entire land admeasuring 320 square yards is surrounded by compound wall and it is in the possession of the Government with a Sign Board. Furthermore, the LGOP No.164/2017 (old LGOP No.38 ot 2012) filed by the respondent No.4 is still pend in g .
6.
In view of the facts and circumstances of the case, there is a serious dispute with regard to the lawful title and possession of the petitioner over the subject land admeasuring 320 square yards situated at Al-Hamra colony, Shaikpet, Hyderabad. When there is a serious dispute with regard to the title and possession of the subject land, this Court while exercising the power under Article 226 of the Constitution of India cannot adjudicate and determine the same. It is appropriate to state that if, in a petition filed under Article 226 of the Constitution of India, complicated questions of fact which require a regular and fullfledged trial are involved, it is but prudent that the Court should refrain from entertaining such petition and relegate the party to the normal remedy to obtain redress in a suit. Similar
I .+ circumstances arose in this Writ Petition. Therefore, no relief as sought by the petitioner can be granted in this petition. The writ petition is devoid of merit and liable to be dismlssed, However, the petitioner is at liberty to agitate the contentions raised before this Court in the pending LGOP No.164/2017, in accordance with law.
7, With the above observations, this Writ Petition is dismissed. No costs.
Miscellaneous petitions, if any, pending shall stand closed. SD/. N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY'
SECTION OFFICER To,
1. One CC to Sri. Abdut Rahim, Advocate tOpUCl
2. lwo CCs to GP for Revenue, High Cou( for the State of Telangana. [OUT]
3. Two C.D. Copies Prk N,
HIGH COURT DATED:0211212020 (o -t Hg SI4 16 2 3 DE$ 2p".S '5 p/
ORDER
WP.No.10327 of 2019 * t Dismissing the WP.
without costs.
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