In two writ petitions regarding land protection under ULC Act, the Court held that since a related petition declared proceedings null and void and declared petitioners absolute owners, no further orders were necessary.
Petitions disposed without necessary orders as petitioners entitled to possession based on prior declaration of nullity.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE TWENTY FIRSTDAY OF OCTOBER TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSENREDDY
WRIT PETITION NO: 5547 OF 2023 AND19793OF 2024
W.P.No.5547 of 2023
Between:
.....PETITIONERS
AND
.,...RESPONDENTS
Petition under Article 226 of the Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, theHighCourt may be pleased to issue a Writ, Order or Direction more particularly one in the nature of
a
Writ of Mandamus, to declare the inaction of the Respondents 2 to 6 in protecting the lands in Sy.No.131 admeasuring an extent ol 18,414 sq. mts., situated in Kismathpur Village of Gandipet Mandal, Ranga Reddy District, which were taken possession by the authorities concerned vide proceedings No. D11199 and 12OO|2OO7 dated 25.03.2008, fraudulently and without following the provisions of the Urban Land (Ceiling and Regulations) Act, 1976, as illegal, arbitrary and against the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (since repealed) and consequently, to allow the petitioners to take initiatives to protect the land by constructing a compound wall under the supervision of the Respondent No. 2 to 6 and further direct to the Respondents 2 to 6 to protect the lands taken possession on 25.03.2008 vide proceedings No. D/1 199 and 120O|2OO7 dated 25.03 2008.
I.A.NO:1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 6 to protect the interest of the writ petitioners in the lands taken possession vide proceedings No. D/1 199 and 1200/2007 dated 25.03.2008.
|.A.NO:2 OF 2023
Petition under .Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to hear the matter in W.P. No. 5547 of 2023 at O3lO4l2O23.
Counsel for the Petitioners : SRI T.VIJAY HANUMAN SINGH
Counsel for the Respondent Nos.1 to 5 : GP FOR ASSIGNMENT (REVENUE)
Counsel for the Respondent No.6 : SRI V.NARASIMHA GOUD
Counsel for the Respondent No.7 : -
W.P.NO: 19793OF 2024
Between:
1 Smt Shalini Sood Awasthi, W/o. Late Samir Awasthi, Aged 57 years, Occ Housewrfe, R/o. FIat No 401, Tanman Apartments, D.V.Colony, Secunderabad.So0 003, Telangana, Rep by her GpA Holder Sri lr/arisih Kumar Awasthi, R/o Fiat No 404, Tbnnian Apartments, D.V. Colony, Secunderabad.500 003.
..,.PETITIONERS
AND
....RESPONDENTS
Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or Direction or Order, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents in not considering the representation made by the petitioners on 25.06.2024, not to entertain any Registrations in respect of the lands covered by proceedings in File No D/1 199/2007 and D112O012007 dated 27-1O-2OO7 in Sy.No.131 and 131/P, admeasuring Ac.11-26 guntas, situated at Kismathpur Village, Gandipet Mandal, Rangareddy District, as illegal. arbitrary, against the provisions of lndian Stamps and Registration Act and against principles of natural justice and against all settled principles of law and consequently direct the respondents to consider lhe representation made by the petitioners on 25.06.2024, not to entertain any Registrations of the lands covered by proceedings in File No D1119912O07 and D|120012007 dated 27-10-2007 in Sy.No.131 and 131/P, admeasuring Ac.11-26 guntas in Sy.No.131 and 13'l Part. admeasuring Ac.11-26 guntas, situated at Kismathpur Village of Gandipet Mandal, Rangareddy District.
7
I.A.NO:1 OF 2024
Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation made by the petitloners on 25.06.2024, not to entertain any Registrations of the lands covered by proceedings in File No Dl1199l2OO7 and D112O012007 dated 27 -10-2007 in Sy.No.131 and 131/P, admeasuring Ac.11-26 guntas in Sy.No.131 and 131 Part, admeasuring Ac.11-26 guntas, situated at Kismathpur Village of Candipet lvlandal, Rangareddy District, pending disposal of main wril petition.
Counsel for the Petitioners : SRI AKKAM ESHWAR
Counsel for the Respondent Nos.'l to 5 : GP FOR ASSIGNMENT (REVENUE) Counsel for the Respondent No.6 : SRI V.NARASIMHA GOUD
The Court made the following COMMON ORDER
,
THE HONOURABLE SRI JUSTICE B. VUAYSEN REDDY
w PETITI ON Nos.S 547 of 2 23 and 97 93 of o24
COMMON ORDER:
WP.No.5547 of 2023 is filed to declare the action of the respondents No.2 to 6 in not protecting the land admeasuring an extent of 18,414 sq. meters in Sy.No.131, Kismathpur Village, Gandipet Mandal, Ranga Reddy District, which were taken possession by the authorities concerned in proceedings No.D/1199 and 7200/2007 dated 25.03.2008, without following the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, as arbitrary and illegal.
WP.No.19793 of 2O24 is filed to declare the action of the respondents in not considering the representation made by the
petitioners on 25.06.2024 and direct not to entertain any registrations in respect of land covered by proceedings in File No.D/1199/2007 and Dlt2oo/2007 dated 27.1o.2oo7 in Sy.Nos.131 and 131/P, admeasuring Ac.11.26 guntas, Kismathpur Village, Gandipet Mandal, Ranga Reddy District, as arbitrary and illega l.
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proceedings wherein the mother of thepetitioners,Smt.Surya Sood, was declared surplusholder to an extent of 18,414.69 sq. meters. WP.No.42242of 2017 is allowedtoday by a separate order. In view of declaringthe impugned proceedingsas null and void, the entireproceedingsincluding taking over possession and G.O.Ms.No.927 dated 02.08.2008 stoodnullified and the petitioners are entitled to take overpossession of the land and make necessary arrangement forprotectionof the subject land.
The writ petitions are accordingly disposedof. The miscellaneouspetitions pending, if any,shall standclosed. There shall be no order as to costs.
Sd/.V.HARI PRASAD I ASSISTANT REGIST I //TRUE COPY// L SECTION OFFICER
To 1. ThePrincipal Secretary, RevenueDepartment, BRKRBhavan' Secretariat' State of Telanganaat HYderabad.
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HIGH COURT
DATED:21 11012024
COMMON ORDER
WP.Nos.5547 OF 2023
AND 19793 0F 2024
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DISPOSING OF THE WRIT PETITIONS
WITHOUT COSTS.
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3 issues framed by the court
Whether to grant relief and pass orders in the pending writ petitions regarding the protection of land. What
Whether the petitioners, following the order in WP.No.42242 of 2017, have the right to protect their possession. Does
Whether orders are necessary to be passed in the subject writ petitions in light of the order in WP.No.42242 o
Colour shows how this judgement treated each authority
WP.No.42242 of 2017Followed¶58
4 provisions across 4 enactments
Ms. Shalini Sood Awasthi
Mrs Geeta Sood Makhija
The State of Telangana
The Competent Authority, Uraban Land Ceiling, RR Dist.
The District Collector, Ranga Reddy District
The Revenue Divisional Officer, Rajendra Nagar Division
B.VIJAYSEN REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
