A.Kumar v. The District Collector, Hyderabad District,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 962 of 2006 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in attempting to demolish the houses of the petitioners without following due process of law as illegal and arbitrary; and consequently direct the respondents not to take any coercive steps and also direct the authorities to conduct the re-survey and issue pattas to the petitioners.

2) At that time when the matter is taken up for hearing learned counsel for the petitioners would submit that all the petitioners vacated the land except petitioner Nos.1 and 5. To this, the learned Government Pleader for Revenue would submits that the Government prepared a list of 155 beneficiaries, who are residing there and issued possession certificates in government land and GVM land only.

3) The entire case revolves around petitioner Nos.1 and 5, who claim to be in possession and enjoyment. Insofar as petitioner No.1 is concerned, it is submitted that even as per the counter the house of petitioner No.1 is situated in a trust land. That being the position, the Government may not have any grievance insofar as his possession is concerned. If petitioner No.1 is residing in trust property, they have no right to interfere with his possession

and enjoyment over the property. Insofar as petitioner No.5 is concerned, learned counsel for the petitioners would submit that petitioner No.5 has raised a house and still living in the government land. The said fact is disputed by the Government Pleader for Revenue stating that, as no patta was issued in favour of petitioner No.5, and there is any amount of doubt whether she is in possession of the land.

4) As seen from the record, 302 families were residing in Bansilalpet slum since last 50 years, which is covered in 10,000 square meters. Out of the said 10,000 square meters, the extent of GVM land is 7271 square meters, and the government land is 240 square meters, about 2100 square meters is a private land. It is the case of the petitioners that the possession certificates were given to beneficiaries in government and GVM land. In view of the dispute as to whether the petitioner No.5 is in possession of the property, there cannot be any positive direction to either of the parties. But however, if petitioner No.5 is in actual physical possession of the land as on today, the authorities can take steps to dispossess him in accordance with law. Insofar as petitioner No.

1 is concerned, in view of the findings arrived at and as the house of petitioner No.1 is situated in the trust land, the authorities shall not interfere with his possession. Insofar as the other petitioners are concerned (other than petitioner Nos.1 & 5), the learned counsel for the petitioners submits that they have vacated the said land.

no cause survives insofar as other petitioners is concerned and they are always at liberty to avail the remedy available under law. 5) Accordingly, the writ petition is disposed of. There shall be no order as to costs.

6) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 16.08.2017 gkv