THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.25014 of 2008 Date : 01-03-2011 Between : Vishnu Datta Bhope .. Petitioner and The District Collector, R.R.District at Khairatabad and Others .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.25014 of 2008 ORDER : This Writ Petition has been filed complaining the action of the respondents in attempting to interfere with the peaceful possession and enjoyment of the petitioner’s land without following due process of law, as illegal. The petitioner claims to be the absolute owner and possessor of land admeasuring a total extent of Ac.6.18 guntas situated in Sy.No.78/7, 79 & 81 of Rasheedguda Village, Shamshabad Mandal, Ranga Reddy District. It is stated that he purchased the said land under a registered sale deed, dated 20-01-2000 executed jointly by the sons of one, late Venkata Reddy viz., S.Boji Reddy, S.Anji Reddy, S.Gopal Reddy and S.Mahipal Reddy. It is stated that the petitioner being the owner had displayed a caution board displaying the land as belonging to him. On 09-11-2008, he found the Board dismantled and noticed that some construction was taking place. It is the case of the petitioner that the construction was undertaken at the instance of the respondents on his private property. Alleging that the respondents have no authority of law to interfere or dispossess the petitioner from the said land without following due process of law, he has filed this Writ Petition for the aforesaid relief. The 2nd Respondent-Tahsildar has filed a counter-affidavit. It is stated therein that an extent of Ac.4.00 of land situated in Sy.No.78/7 was originally assigned to one, Sama Venkata Reddy, son of Shiva Reddy. While so, the land was found to be in possession of M/s.Shanti Fire Works on 19-06-2007, thereafter possession was taken into the custody of the Government on 13-07-2007. It is, therefore, stated that the petitioner is not in any way concerned with the land situated in Sy.No.78/7. Insofar as the land situated in Sy.Nos.79 and 81, the 2nd Respondent has admitted stating that the said land is a patta land and the right of the petitioner was recognized by issuing pattedar passbooks. Heard Sri Palle Nageswara Rao, learned counsel for the petitioner, Sri K.C.Venkata Reddy, learned standing counsel for the 4th Respondent-Corporation, learned Government Pleader for Home and learned Government Pleader for Land Acquisition. It is the case of the petitioner that he purchased the land under a sale deed dated 20-01-2000. A perusal of the said sale deed shows that insofar as Sy.No.78/7, he has purchased only an extent of Ac.1.30 guntas, whereas the total extent of land said to have been assigned in favour of Sama Venkata Reddy was Ac.4.00. The land in Sy.Nos.79 and 81 admittedly belongs to the petitioner, therefore the respondents have no authority of law to interfere with the said land. Insofar as the land in Sy.No.78/7, although the petitioner claims to be the owner by virtue of the aforesaid sale deed, the respondents claim that the same being the Government land, the petitioner has no right to retain the same. I am not inclined to go into the merits of the case in relation to the title of the petitioner in respect of the said land. Suffice it to say that prima facie by virtue of the registered sale deed, the petitioner appears to be in possession though disputed by the respondents. In the circumstances, I am of the view that to meet the ends of justice, the petitioner shall be put on notice before any action is taken. In the circumstances, this Writ Petition is disposed of as follows : (i) The 2nd Respondent shall issue appropriate notice to the petitioner calling upon him to submit his explanation insofar as the land claimed by the petitioner in Sy.No.78/7 of Rasheedguda Village, Shamshabad Mandal, Ranga Reddy District; (ii) on receipt of such notice, the petitioner shall submit his explanation within the time stipulated therein; (iii) on receipt of such explanation, the 2nd Respondent shall pass appropriate orders in accordance with law; and (iv) until final decision is taken, both parties shall maintain status quo in all respects. The Writ Petition is accordingly disposed of. No costs. ________________ NOUSHAD ALI, J. 01st March, 2011. skmr​