A PIL challenging the transfer of Government land to BHEL and SSPDL was dismissed. The Court held that the dispute was already adjudicated in W.P. No.150/11 of 2019 and proceedings under Section 151 CPC were closed.
Liberty to file a fresh PIL in respect of any other Government land encroached by any other person.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
1
WEDNESDAY. THESIXTEENTHDAYOF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITIoN PUBLIC INTERESILLTIGAIION NO: 8 OF 2020
Between:
MADHUSUDAN REDDY ANU[,4ULA, [/adhusudan Reddy Anumula, M.Sc., I,1.Phil.,l,4.Ed, BLlSc. s/o. Narsimha Reddy, Aged about 60years, Occ, Retd.Principal, FVo. H.No.8-2-121l57 ExI.APSEB Colony, Anushanagar, Bairamalguda, Hyderabad. PAN Number. AAYPA9294J Aadhar lD No. 286873634712 Mobile No. 9248022703 Bank A/c, No.52122637365 SBI Miryalaguda Branch Email address. a num u la99@g ma il. co m.
...PETITIONER
AND
Z-'
17.8. Vidyanath Rr ddy, S/0. B. Ramakrishna Reddy, Plot No.56, Lakshmi Vihar2, Nallagandla, S€'ilingampalli, Ranga Reddy District, Hyderabad- 500 019.
...RESPONDENTS
Petition Und€' Ad.icle 226 of the Constitution of lndiapraying that inthe circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ, Ord,r or Direction, moreparticularly one in the nature of Writ of Mandamus, (i) To leclare the action of the respondents in transferring the Government land in 30/1 of Osman Nagar in an extent of Ac.95-03gts., and the Government land in Iy.Nos.191/1 of Kollur village and issuing layout'n Sy. Nos. 30/ 1(Government land) and inprohibited Sy.No.30/ 16,17,18,20,33 to 38, and under non-existent Survey rumbers asper the revenue records i.e..30/50 to 54, 56, 58, 05 to 70, 73, 74 and 75 Situated in Osmanagar Village and Sy. No.191/i (Government land) and inprohibit, d survey numbersl9l/12, 13, 16 to 20,31 ,32,33, 35, 36,41, 42, 46, 47 and 5; situated in Kollur Villages, Ra machand rapu ram Mandal, Sangareddy District lo Thirdparties and BHEL Employees as illegal and arbitrary and to declare the Lyout as illegal(ii) To direct the Tahsildar, Ramacha"rd rapu ram and Addl. Director, and Survey and Land Records Sangareddy to conduct survey and toproduce the( etails of survey report of the entire land in survey numberl9lof Kollur and Sy.No.3( of Osmannagar Villages (iii). To declare the HlvlDA approval map showing surve' numbers beyond 30/41 i.e., 30/50 to 54, 56, 58. 65 to 70, 73, 74 and 75 of Osma rnagar Village as encroached land as t does not ta ly with the extent of land in th( survey numbers allotted to ex-servicemen i.e. Sy.Nos. 30/2 to 30/4'1as per the Srpplementary SethwarTonch N4apprepared by ihe ,{.D.Survey and land records (/) To cancel the document No.4367/1 5 SRO Sanga Reddy district) as the SSP )L has shown the survey Nos.191/Part and 3o/Part as they do not exist as per the Revenue records and constructed 1265 houses and sold 1155 houses to Bemaac iociety(BHEL Employees) vide the above document which are now being alienate( to the individual BHEL employee To cancel the docJment Nos, '15489 to 15492 ol 2019 etc., of SRO, Sanga Reddy, as the SSPDL has alienated the residential hou es to the vendees in the said documents out lf 1265 houses built by SSPDL r the survey numbers covered by document No.4367/15 (vi).Declare tl', draft lay-out sanctioned vide permit No.000046/LO/Plg/ lN/DA/2018,daled 22nd l\4arch, 2018 as illegal and cancel the same as Survey nr nber 19'l/Part does not exist, and(vii)To protect an,l safeguard the interest of BH :L Employees who aregoing topurchase houses in the said layout through m inipulated documents vide document No.4367 of 20'15 at S.R.O.Sanga RedC / wherein the survey numbers are mentioned as Sy.No.191/13 of Kollur village and 30/P of Osman Nagar village, Ramachand rapu ram Mandal, Medak district, thor gh the said survey numbers do not exist in revenue records and also without specif ing boundaries.
lA NO: 1 OF 2020
Petition und )r Section 151 CPCpraying that in the circumstances stated in the affidavit filed ir support of thepetition, the High Court may bepleased to direct the Tahsildar, Ra nachandrapuram and Addl. Director, Land S,rrvey and Land Records Sangare ldy to conduct survey in survey number'19T of Kollur and Sy.No.30 of Osma rNagar Villagespending outcome of the main writpetition filed in public interest.
lA NO: 2 OF 2020
Between:
....PETITIONER/PROPOSEO RESPONDENT NO.18
(-- t
..,.PETITIONER/PROPOSED RESPONDENT NO.,l9
....PETITIONER/PROPOSED RESPONDENT NO.2O
,...PETITIONER/PROPOSED RESPONDENT NO.21
....PETlTlONER/PROPOSEO RESPONDENT Nos.18 to 22
AND
.,.WRIT P ETITIO N ER/R ES PO N DENT
a-Y -
RESPONDENTS
Petition Under Section 151 CPCpraying that in the circumstancesstatedin the affidavit filed in support of thepetition, the High Court may 5e t,leasedto implead the Petilion( rs as Respondent No. 18 to Respondent No 22in W.P.(PlL) No. 8 of 2020 and al'o in W,P.(PlL) LA. No. 1 of 2019in W.P. (PlL)No.8 of 2020 in the interest of Justict.
Counsel for the Peti ioner : SMT.B.RACHNA REDDY
Counsel for the Res )ondent Nos.'l to 6 & 9 to 1'l : GP FOR REVENUE
Counsel for the Res )ondent Nos.7 & 8 : SRI.Y RAMA RAO
Counsel for the Res rondent No.12 : SRI.M.VENKAT DIVAKAR
Counsel for the Res Jondent No.13 : M/S.N.SASIKALA
Counsel for the Re!pondent Nos.14 & 15 : SRI.VEDULA SRINIVAS
Counsel for the Rer pondent No.16 : SRI.S.VENKATESWARA RAO(PARTY - lN - PERSON)
Counsel for the Re:pondent No.17 And Proposed No's 18-22. : SRI.P.HARINATH REDDY
The Court made th, following ORDER
THE HON'BLE THE CHIEF JUSTICE SATISECTIANDRASHARMA AND
THE HON'BLE SRI JUSTICE ABHINANDKUMAR SITAVILI
WRIT PETITION(PIL) No.8 of 2O2O
ORDER: /Pe' rire l/!,1 r)i. :,,.a,,,(i.rrsr:...:^.rrrsh(-hantlra Shcrna/
The present public intercst litigarion hasbeen filed byone N'ladhusudan Reddv Anumr-r1a impleadingas many as 17 respondents, including BHEL Emp1o1'ees Model MutuallyAided Cooperative Ilouse Building Societ-v Limired(for short,"theSociery").
It has been stated in thepresentpublic interestlitigation that Government land has been encroachedby the Societyas well as other persons and that the land hasbeen sold byrespondent No.3to respondent No.12 - Socictr'.
At thc outset, lc:trnt:d counselappearing for respondentNo 12, Socictr', has clra\ n thr' attentiottof this Courltorvards rhc .judgment dated 07.0.i.2021 delir-errrlir.i W.l).No.150'11of 2019.
Thjs Courr has carefr-tllvgone through the judgmentdelivered bv a Division Bench o[ t]ris Courtand the samereveals that earlier also the disputc has travclled tothis CourtThe judgmentaiso reveais that the Socictv camc upl;efore thisCourt for quashmentolorder dated 13.02.2017 passcd underScction 22-A(l)(a) oi the Registration Acl' 1908, bv which the land inqr:estion u/aslisted underthe prohibitory lisr' Thejuclgmcnt furtherrr:r-etrlsthat the land uas sold by M/s SSPDLto the Society.'lhe DivisionBerrchof this Courtin paragraphs75 tilast has held as under:
"75. These clocrtnentspima facieprove the case of the pctitioner ar.tci the pri(arciespondentNosT to 9 that the land in 'Sv.No.30 of Osmannagar Village ar-rd Sy No tg l of l(o1lur Village uas assigncrl 1o cxscr'lcemenand that they hadalienatcdthe lar-rds afti tlle cxpilJof tctl ',-carsfrom the dates of assignmcnts - "
7a. Con.equently. the respondent Nos.l to 6 .rre not entitlecl to put these rnds in the Prohibitory Register invoking sub-Sectrolr (l )(a) of Ser tion 22A of the Act.
8I. Th( ugh respondent Nos.7 to t have disputed the title of thc petitioner ,o the land ciaimed by it, they sr"rpported the petitione: s case inso a-r as the petitioner had challenged inclusion of trc lands in ly.No.30/P of Osmannagar Village alrcl Sy.No.19l/P of Kollur V lage and adopted the contentk)ns of counsel lbr petitioner
I
The writpetition$'as allowedwith costs of Rs 10'000/- The lacts further revealthat SLP No 7227 of 2021 was also prelerred againstthe aforesaidjudgmentby respondent No 17' BommireddyVidyanathReddy' before theHonble Supreme Court and tlte samehas beendismissed on 30.06.2021
In the consideredopinionof this Court' once the controversy involved inthe present casein respect of thesame land has already been adjudicatedintheearlierwritpetition,thepresentpublicinterest litrgation isdismissedwith a liberty to file a fresh publicinterest litigation inrespectol any other Government land' which hasbeen encroachedb1' anv ilthcr pcrstln'
Miscellatrcouspctitrot.ts' ii anl-' shall statrd closed Thereshallbe
\
no orderas toco.sI s
/i TRUE COPY//
SD/- T.TIRUMALADEVI ASSISTANTREGISTRAR
,
SECTIONOFFICER
to',. t*o Ccs to GP FoR REVENUE' High Court for the State of Telanganaat
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SA SW
HIGH COURT
DATED:1610212022
ORDER
WP(PIL).No.8 of 2020
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DrsMrsstNG THE Vr.P(PtL)
WITHOUT COSTS.
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2 issues framed by the court
Whether the present public interest litigation can be decided given that the controversy over the same land was adjudicated in W.P. No.150/11 of 2019.
Whether the present writ petition is maintainable as the substantive issue has already been resolved in the earlier judgment.
Colour shows how this judgement treated each authority
W.P. No.150/11 of 2019Referred¶86
4 provisions across 4 enactments
Madhusudan Reddy Anumula
The State of Telangana
BHEL Employees Model Mutually Aided Co-operative House Building Society Ltd.
M/s SSPDL Ltd.
K. Srinivasa Rao
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
