K. Narayan Naik, Medak District v. Prl. Secretary, revenue dept. , hyd
2024-09-12
NAGESH BHEEMAPAKA
body2024
DigiLaw.ai
ORDER : Petitioners, who claim to be the absolute owners and possessors of plots Nos. 102, 92, 109 and 100 respectively in Survey No.196/AA situated at Shankarpally Village and Mandal, Ranga Reddy District, challenge in this Writ Petition the show cause notice dated 06.10.2015 issued by the 3rd respondent and the consequential proceedings dated 14.10.2015 as well as the Memo dated 05.11.2015, panchanama dated 05.11.2015 for takaig possession of their land. 2. According to petitioners, they purchased the said plots through registered sale deeds from their original vendor and since then, they have been in possession and enjoyment of the same. It is stated that the proceedings issued by the respondent authorities from time to time would clinchingly establish that the land in Survey No.196/A is situated on the Northern side of their land in Survey No.196/AA, which fact was admitted by the respondent authorities in various proceedings before various authorities to show that the land in Survey No. 196/A and the one in Survey No. 196/AA is different and distinct. It is also categorically admitted that in the land in Survey No.196/A, plot owners constructed buildings in their respective plots after obtaining necessary permissions from the authorities concerned and so far as the land in Sy.no.196/AA is concerned, it is only a vacant land and in some part of the land semi constructions have come up. The house owners by way of abundant caution made Applications for regularization of their houses by utilizing the G.O.Ms.No.59 and the same is under consideration before the government. It is stated that respondents in order to grab the land in Survey No.196/AA from the lawful owners, changed the survey number by showing the land in Survey No.196/A as Survey No. 196/AA and whereas the land in Sy.No.196/AA is shown as Sy.No.196/A and accordingly they are proposing to take possession of the land in Survey No.196/AA. Respondents have no jurisdiction nor justification in proposing to take possession of the land even the land in Sy.No.196/A as claimed, for the reason that there are status quo orders pending in respect of land in Survey No.196/A. Petitioners contend that pursuant to their clandestine operations, the 3rd respondent appeared to have issued the show-cause notice dated 06.10.2015 to the 7th respondent stating that they are going to resume the land from Gram Panchayat to handover the same to the 5th respondent to utilize for public purpose.
Pursuant to the said show-cause notice, the 3rd respondent is stated to have passed impugned Memo dated 05.11.2015 for resumption as there is no explanation offered by the 7th respondent, accordingly, on the very same day i.e. on 05.11.2015, a panchnama is said to have conducted to take possession of the property for the entire extent of Acs.9-28 guntas in Sy.No.196/A though the land sought to be taken possession for Acs.3-08 guntas as per their impugned proceedings, which itself indicates as to how the respondents have acted in a malafide exercise of power vested in them. It is nowhere stated that the notices are issued to the existing plot owners either in Survey No. 196/A or 196/AA. Even assuming that the land in which petitioners purchased is in Survey No.196/A, question of issuing the proceedings by the 3rd respondent in the regularization report to the effect that the houses bearing Nos. 3-56 to 3-56/23 are situated in Survey No.196/A does not arise for the reason that as per the impugned Memo, some land grabbers have encroached upon the vacant land in Survey No.196/A, which are contrary to each other. Hence, the proposed action of the respondents in trying to take possession of the land in Sy.No.196/AA under the guise that the said land is situated in Sy.No.196/A is wholly illegal, arbitrary. The claim of petitioners is that they are entitled to a notice before taking any impugned action of this nature enabling them to put forth their objections. It is stated that petitioners came to know that some of the plot owners in Sy.No.196/AA filed Writ Petition No. 33911 of 2015 and obtained order of status quo on 06.11.2015, hence they are under the bona fide impression that respondents will not take any coercive steps either for taking possession or demolishing the partly constructed structures. Since the other plot owners have not challenged the impugned Memo for resumption of land dated 05.11.2015, petitioners are stated to have constrained to file the present writ petition challenging the show-cause notice, impugned Memo as well as Panchanama on the ground of violation of principles of natural justice. 3. By order dated 07.12.2016, this Court granted status quo order in respect of the land in Survey No. 196/AA of Shankarpally Village, however, directed that the said order would not preclude the authorities from protecting the lands in Survey No. 196/A. 4.
3. By order dated 07.12.2016, this Court granted status quo order in respect of the land in Survey No. 196/AA of Shankarpally Village, however, directed that the said order would not preclude the authorities from protecting the lands in Survey No. 196/A. 4. A counter – affidavit was filed on behalf of the 4th respondent. It is stated mainly that petitioners seek to raise several disputed questions of facts in relation to their title and respondents which cannot be adjudicated by this Court and petitioners are to be relegated to the competent Civil Court for the purpose of seeking any relief, if they are entitled to. It is stated that on 27.05.1975, a Gift Settlement Deed was executed by Gram Panchayat to an extent of Acs. 03.20 guntas in favour of Agriculture Market Committee, Shankarpally in public interest and the same was accepted by the Secretary on behalf of the Agriculture Market Committee. Apart from the said land, the Government had also acquired Ac. 01.02 guntas in Survey No. 197 situated at Shankarpally Village in the year 1980 for construction of Agriculture Market yard. The balance land in Survey No. 196 to the extent of Acs. 3.08 guntas remained with the Gram Panchayat, Shankarpally. It is stated that in view of the attempts to encroach upon the Gram Panchayat's land in Survey No. 196/A by land grabber, the District Administration had decided to resume the said land from the Gram Panchayat, Shankarpally. Accordingly, show-cause notice dated 06.10.2015 was issued to the Gram Panchayat to show-cause within a week from the date of receipt of the said Notice as to why the land in possession of Gram Panchayat should not be resumed by the Government. As no reply was issued by the Gram Panchayat and further since no objections were received with regard to the same, the then Tahsildar issued proceedings No. A/578/2013 dated 14.10.2015 directing the Mandal Revenue Officer to resume the land under a Panchanama and hand over the same to Secretary, Agriculture Market Committee under a Panchanama and report. Pursuant to the same, the MRI, Shankarpally resumed the Government land to an extent of Ac. 03.08 guntas in Survey No. 196/A on 05.11.2015 under the cover of Panchanama and handed over the same to the Agriculture Market Committee, Shankarpally on the same day.
Pursuant to the same, the MRI, Shankarpally resumed the Government land to an extent of Ac. 03.08 guntas in Survey No. 196/A on 05.11.2015 under the cover of Panchanama and handed over the same to the Agriculture Market Committee, Shankarpally on the same day. It is stated that as on the date of handing over of possession of the said land to the Market Committee there exists only a water-tank in the said land and after the handing over of possession the Market Committee has been using the said land. The said land including the land previously handed over to the Market Committee is in possession of the Market Committee, Shankarpally. It is stated further that petitioners along with others hatched a plan to grab the valuable land belonging to Government which was handed over to Market Committee; they cannot derive any right or title over the said lands as they have been derived from persons, who have no right or title over the said land. Nobody can transfer a better title than what he himself has. As the alleged predecessors in title of the Petitioners do not have any title over the said land, the Petitioners cannot also claim any right or title over the said lands. It is incorrect and baseless to state that the Respondents herein are trying to dispossess the Petitioners from the land which is in their rightful possession. 5. Heard learned counsel for petitioners Sri Ch. Dhanamjaya, learned Government Pleader for Agriculture, Revenue and Sri C. Hari Preet, learned Standing Counsel for the Agriculture Market Committee. 6. The challenge of petitioners is to the show cause notice issued by the 3rd respondent dated 06.10.2015 and the consequential proceedings dated 14.10.2015 as well as the memo dated 05.11.2015. A perusal of the show cause notice dated 06.10.2015 would go to show that out of Acs.6.28 guntas in Survey No. 196/A, Acs.3.20 guntas is witht eh Market Yard and the balance land to an extent of Acs.3.08 guntas is encroached by one Sri Subbaraju who made plots and started structures illegally. In view of the above, it has been decided in the meeting to resume the land from Gram Panchayat, Shankarpally and hand over the same to the market yard to utilize for public purpose as it was already acquired in 1975.
In view of the above, it has been decided in the meeting to resume the land from Gram Panchayat, Shankarpally and hand over the same to the market yard to utilize for public purpose as it was already acquired in 1975. Consequential proceedings dated 14.10.2015 shows that there was no reply to the show cause notice and also no objections/claims received from any corner of the village, hence, the M.R.I. Shankarpally was directed to resume the land in favour of Government under cover of panchnama and the same may be handed over to the Secretary, Agricultural Market Yard, Shankarpally under proper panchnama and report compliance. The memo dated 05.11.2015 issued by the Tahsildar, Shankarpally Mandal shows that ‘subsequent to the proceedings issued vide reference 9th cited by this office to the Mandal Revenue Inspector, Shankarpally Mandal with a direction to resume the subject land in Sy.No. 196/A, Extent Ac.2.38 gts. of Shankarpally Village & Mandal and a meeting held in the chambers of the District Collector as mentioned in reference 19th cited, the Mandal Revenue Inspector, Mandal Surveyor & Village Revenue Officer, Shankarpally Village are herby directed to resume the subject land in Sy.No. 196/A, extent Ac.2.38 gts. inside the compound wall of Rithwik Enclave which has been encroached by illegal persons and started construction activities and the same has been stopped at pillar level stage and including existing water tank under cover of panchnama and same may be handed over to the Secretary, Agricultural Market Yard, Shankarpally under proper panchanama and report compliance. 7. In the light of the above-extracted proceedings and in view of the plea taken by the respondents that petitioners cannot derive any right or title over the said land as they have been derived from persons, who have no right or title over the said land and nobody can transfer a better title than what he himself has; as the alleged predecessors in title of the petitioners do not have any title over the said land, this Court is of the view that there are title disputes in respect of the subject plots. The Hon’ble Apex Court as well as this Court, has, time and again, reiterated that title disputes cannot be adjudicated upon by the High Courts in exercise of writ jurisdiction under Article 226 of the Constitution of India since the writ proceedings are summary in nature.
The Hon’ble Apex Court as well as this Court, has, time and again, reiterated that title disputes cannot be adjudicated upon by the High Courts in exercise of writ jurisdiction under Article 226 of the Constitution of India since the writ proceedings are summary in nature. In view of the settled legal position, this Court is not inclined to go into merits of the matter. Suffice to hold that petitioners are at liberty to approach the competent civil Court to agitate their rights. 8. The Writ Petition is therefore, disposed of. Petitioners are at liberty to approach the competent civil Court to agitate their right, title and possession over the subject plots. Till such time petitioners approach the civil Court, the order of status quo dated 07.12.2016 shall be in force. No costs. 9. Consequently, miscellaneous Applications, if any shall stand closed.