THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE K.C. BHANU DATED: 02-08-2010 WRIT PETITION No. 11785 OF 2009 Between: Sri D.Y. Kanthi ..... APPELLANT AND Greater Hyderabad Municipal Corporation, rep., by its Deputy Commissioner, Malkajgiri Circle, Maklajgiri, Ranga Reddy District and two others .....RESPONDENTS THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 11785 OF 2009 JUDGMENT: (per the Hon’ble Sri Justice A. Gopal Reddy) This writ petition in the form of public interest litigation is filed by the petitioner for issuance of a mandamus directing the respondents to protect the land in Survey Nos.249/1 and 249/2 situated at Ramakrishnapuram Village, Malkajgiri Mandal, Ranga Reddy District from encroachment by the land grabbers etc. According to the petitioner, land admeasuring 30,162 square meters situated in Survey No. 249/1 and 249/2 of Ramakrishnapuram Village, Malkajgiri Mandal is a surplus land vested in the Government and an extent of 2,121.62 square meters is in occupation of third parties which has been regularized by the Government vide G.O.Ms.No.1263, Revenue, dated 31-08-2006. The remaining extent which is vested in the Government has to be preserved from encroachment. In response to the notice issued by this Court, the Tahsildar, Malkajgiri Mandal, Ranga Reddy District, the 2nd respondent herein filed a counter stating that the land in Survey Nos.249/1 and 249/2 is classified as patta land. The land in Survey No. 249/1 admeasuring Acs.4.24 guntas stands in the names of Sattar; Jainad Been w/o Majeed Khan; Swamy s/o Narayana; Fathimunnisa Begum and Fathim Chand and the land in Survey No.249/2 admeasuring Acs.3.02 guntas stands in the names of Sattar, Swamy, Fathimunnisa Begum and Jehamchand. According to the 2nd respondent, the land in question is not a surplus land and is patta land which stands in the names of the original pattadars and their names are being continued in revenue records. It is stated that on verification by him on 13-08-2009, it was found that the land is a plain land and is free from encroachment. Since the land in question is a patta land it falls under the full tank level of Mukkidi Cheruvu existing in Malkajgiri Mandal, the same is not the subject matter of encroachment and the pattadars are in possession of the same. In the reply filed by him, the petitioner has enclosed a copy of G.O.Ms.No.1263, Revenue (UC.III) Department, dated 31-08-2006 wherein the Government in pursuance of G.O.Ms.No.455, dated 29-07-2002 allotted the excess land to third parties which is in their occupation. According to the petitioner, the same clearly shows that the land is vested in the Government as a surplus land under the Urban Land (Ceiling and Regulation) Act, 1976. It is further stated that one A. Sattar and others filed Writ Petition No. 4011 of 1995 before this Court against the orders of the Special Officer and Competent Authority, Urban Land Ceilings in F1/2297/76 and in Appeal No. 424 of 1994 of the Commissioner of Land Reforms and Urban Land Ceilings and the said writ petition was dismissed for non-prosecution. The petitioner has not filed any orders to show that the land in question was declared as a surplus land and was taken possession of by the Government. In the absence of the same, merely because the occupation of the land has been regularized in favour of the occupants through G.O.Ms.No.1263, dated 31-08-2006, it cannot be presumed that the land is vested in the Government free from all encumbrances. In view of the same, we do not see any merit in the writ petition. The writ petition is liable to be dismissed and the same is accordingly dismissed. No order as to costs. A. GOPAL REDDY, J K.C. BHANU, J 02-08-2010 ks