Dismissed

Mohd.Sohail, v. The District Collector

Telangana HC16 Dec 2013WP/36672/2013

Case brief

AI extract

What is this about?

In this writ petition, the Court disposed of a plea for a declaration regarding possession of 963 square yards of land and the status of an adjacent 285.26 square yards, ultimately directing the petitioner not to encroach on the government land.

What did the court decide?

Petitioner directed not to enter the Government land of 285.26 sq. yards adjacent to the regularised property.

Mohd.Sohail, Vs The District Collector — Land Acquisition | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.36672 of 2013

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Date:16.12.2013

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Between: Mod. Sohail, S/o Late Mod. Ismail

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..... Petitioner

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And:

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The District Collector, Hyderabad District and two others.

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.....Respondents

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Counsel for the Petitioner: Sri P.Shiv Kumar

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Counsel for the Respondents: AGP for Revenue

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The Court made the following: ORDER:

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This Writ Petition is filed for a Mandamus to declare the action of the respondents in seeking to interfere with the petitioner’s possession of the land, admeasuring 963 square yards, bearing Municipal Nos.10-2-299/A, A/1, A/2, and A/3 of Mallepally, Vijay Nagar Colony, Hyderabad, as illegal and arbitrary.

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At the hearing, the learned Assistant Government Pleader for Revenue (Telangana area), on instructions, submitted that an extent of 963 square yards of the land was sold to the petitioner in pursuance of the orders of regularisation in terms of G.O.Ms.No.166, Revenue (Assn.Pot) Department, dated 16.02.2008 and that the balance extent of 285.26 square yards is vested with the Government as the same was not regularised in favour of

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the petitioner. He has further submitted that when the petitioner tried to encroach upon the said extent of 285.26 square yards, the respondents have merely planted a board on the said land showing that the same belongs to the Government.

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Sri P.Shiv Kumar, the learned counsel for the petitioner, submitted that his client is interested only in 963 square yards of land and that he has not encroached upon any part of 285.26 square yards.

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In the light of the above submissions of the learned counsel, the Writ Petition is disposed of in the following terms:

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(1) The petitioner is entitled to possess and enjoy the property admeasuring 963 square yards in premises bearing Municipal Nos.10-2-299/A, A/1, A/2, and A/3 of Mallepally, Vijay Nagar Colony, Hyderabad;

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(2) The petitioner shall not enter into 285.26 square yards of the Government land situated adjacent to his land; and

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(3) In the event, the petitioner enters upon the said land, respondent No.3 shall initiate appropriate proceedings under the Andhra Pradesh Land Encroachment Act, 1905.

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As a sequel to disposal of the Writ Petition, W.P.M.P.No.45591 of 2013 filed by the petitioner for interim relief is disposed of as infructuous.

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____________________________ JUSTICE C.V.NAGARJUNA REDDY

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16^th December, 2013 DR

Mohd.Sohail, v. The District Collector

Case brief

What is this about?

What did the court decide?

Mohd.Sohail, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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