Rafeeq Ali, v. Gram Panchayat Puppalguda Rep. By Its Secretary

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14756 OF 2017 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel for the first respondent.

The case of the petitioner is that originally one Ramlal, the adopted son of late Kalyan Singh, was the owner of agricultural dry land admeasuring Ac.17.32 guntas in Survey Nos.87 and 119 of Puppalaguda Village, Rajender Nagar Mandal, Ranga Reddy District, by virtue of a certificate issued under Section 38-E of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950. The said Ramalal during his lifetime executed a registered General Power of Attorney in favour of one Riyaz Kareem to develop the said land and to convert it into house plots. Accordingly, the said Riyaz Kareem developed the said land and converted it into house plots under an approved layout from HUDA. The said layout was named as Tirumala Hills. The said Ramlal died on 13.10.1996 leaving behind his legal representatives.

The petitioner states that he purchased an extent of 1661 square yards of land situated in Survey No.119 of Puppalguda Village, Rajendranagar Mandal, from the legal representatives of the said Ramlal under a registered sale deed and took possession of the same. While so, on 15.04.2017, the first respondent tried to interfere with the petitioner's possession. Hence, the present writ petition is filed.

The first respondent filed a counter affidavit stating that as per the records of the Gram Panchayat, the land claimed by the petitioner is left out as open space in the final layout furnished by the HUDA under permit No.10132 dated 06.10.1994. The final layout was released in respect of the land situated in Survey Nos.87 and 119. Out

of the total extent of Ac.17.36 guntas i.e., 86,636 square yards, the plotted area was 49,542.49 square yards, the area of roads was 28,429.91 square yards and the open area left out was 8,663.60 square yards. The land claimed by the petitioner forms part of the said area.

In view of the averments made by the first respondent in the counter affidavit, this Court is of the view that no relief can be granted to the petitioner.

The writ petition is accordingly dismissed. However, it is open to the petitioner to take appropriate proceedings in the competent Civil Court, if he wants to claim any rights over the subject land. Consequently, miscellaneous petitions pending, if any, shall also stand dismissed. No costs.

_______________________________ A.RAMALINGESWARA RAO, J Date: 08.08.2017 va