Kothirmirker Bal Kishan Sio Ramji, v. The State Of Telangana,

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.22041 of 2017 ORDER:

The prayer in the writ petition reads as follows: "To issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, to declare the action of the 4th respondent in proceeding with the construction of Water Tank in the petitioner's land situated at Rajampet Village and Mandal, Kamareddy District, erstwhile Nizamabad District, without issuing any notice and without initiating the land acquisition proceedings, as being illegal, arbitrary, unjust and violative of Article 21 and 300-A of the Constitution of India and consequently directing respondent Nos.2 & 3 herein to take action against the 4th respondent for making construction in the petitioner's land without initiating the land acquisition proceedings and to grant such other relief or reliefs."

Heard the learned counsel for the petitioner and also learned Government Pleader for Panchayat Raj for respondent Nos.1 to 3 and Sri G.Narender Reddy, learned standing counsel for 4th respondent-Panchayat and perused the prayer in the writ petition with the supporting affidavit and also the counter of the 4th respondent with other material on record. It is the submission of the learned counsel for the petitioner that it is the property of the petitioner covered by registered sale deed purchased from the previous owner Bande Ali Saheb and sale deed dated 19.01.1344 fasli (unregistered) and since then in possession and enjoyment & all of a sudden, the respondents by taking law into their hands illegally encroached and started construction of a water tank in the private property without

Dr. SSRB,J following due process by acquisition if at all required as per Act No.30 of 2013.

It is the submission of the learned Government Pleader and learned standing counsel that as per the Panchayat records it is the Panchayat land and the Panchayat in its own land started construction and construction is in progress and there is nothing to show except the so called unregistered sale deed, even a scrap of paper to show any possession and enjoyment much less any title including of the predecessors in question and the writ petition is liable to be dismissed.

In fact even on disputed question of fact, the writ petition is maintainable. So far as the case on hand concerned, prima facie the petitioner could not show any possession and enjoyment pursuant to the so called unregistered sale deed of 1344 fasli for entertaining the writ petition, but for in view of the disputed question of fact on right, title, possession and enjoyment of the land in question as to private property of the writ petitioner or the Panchayat property as claimed by the respondents, civil suit is appropriate remedy including if necessary by appointment of advocate commissioner to note the existing physical features with such supplemental and incidental reliefs contemplated by CPC to adjudicate the civil lis.

Accordingly and in the result, the Writ Petition is disposed of.

Consequently, miscellaneous petitions, if any shall stand closed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 20.07.2017 ska