K. Sabitha v. State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 14314 of 2015 Date: 07.05.2015 Between:

K. Sabitha.

... Petitioner And State of Telangana, rep., by its Principal Secretary, Revenue Department, Hyderabad & others.

... Respondents

This Court made the following:

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 14314 of 2015 ORDER:

This writ petition has been filed to declare the action of the respondents in

interfering with the petitioner's rights in respect of her property admeasuring Ac.1.26 guntas in Sy.No.55/Part situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District without issuing notice or without initiating any proceedings in law as illegal and arbitrary.

The case of the petitioner is that she is the absolute owner of the abovementioned land having purchased the same under a registered sale deed dated 24.07.1996 vide document No.6398 of 1996 on the file of Joint SubRegistrar-I, Ranga Reddy District after verifying that the said land is classified as patta land. It is her further case that the land in Sy.No.55 was assigned to one Gangula and a part of it was Potkharab and since the transfer of the said land was made in violation of Act 9 of 1977, the then State of Andhra Pradesh initiated proceedings before the Special Court in L.G.C.No.101 of 1997. In matters arising therefrom and in W.P.No.9481 of 2004, this Hon'ble Court by order dated 13.09.2007 allowed the writ petition and set aside the action of the then State of A.P.

in invoking jurisdiction of the Special Court under the Land Grabbing Act. The said judgment has since become final, no further proceedings have been initiated against her in respect of her rights in the land in Sy.No.55. But now the respondents are trying to dispossess her and demolish the compound wall constructed by her in the land in question. Aggrieved by the same the present writ petition is filed. Heard Sri S. Niranjan Reddy, learned counsel for the petitioner. Sri Sampath Prabhakar Reddy, learned Standing counsel, appearing for the 5th respondent, on instructions, submits that the respondent authorities will follow the due procedure of law before any action is taken against the petitioner's property in question.

Recording the above submission of the learned Standing counsel, the writ petition is disposed of directing the respondents not to demolish the structures raised by the petitioner in her land admeasuring Ac.1.26 guntas in Sy.No.55/Part situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, without following the due process of law. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

__________________________ A. RAJASHEKER REDDY, J Date: 07.05.2015 ES Note: Furnish CC in two days.