THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.12007 of 2007 Date:21st July, 2010 Between: 1. Deekonda Padma Narasimham & Ors. …Petitioners and 1. The District Collector, Nizamabad District & Ors. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.12007 of 2007 ORDER: This Writ Petition has been filed by the petitioners, who are 11 in number, with a prayer to issue a Mandamus declaring the order dated 16.04.2007 in Rc.No.487/2006 issued by the District Collector, Nizamabad District-1st respondent directing the Revenue Divisional Officer, Kamareddy, Nizamabad District-4th respondent to take action for eviction of the petitioners from mulgies bearing Nos.5-3-671/10, 5- 3-671/5, 5-3-671/4, 5-3-671/2, 5-3-671/6, 5-3-671/8, 5-3- 671/13, 5-3-671/12, 5-3-671/11, 5-3-671/7, 5-3-671/1 and 5-3-671/14 located in Ward No.5, Block No.3, abutting National Highway No.7, Near New Bus Station, forming part of Sy.No.778/U at Kamareddy Town in Nizamabad District, as illegal, arbitrary and without jurisdiction. 2. The petitioners claim that they have purchased mulgies in their occupation. Each of the mulgi admeasures 27.7 sq. yards. The petitioners filed civil suits against the Chenetha Sahakara Sangham Limited, Kamareddy, Nizamabad District-5th respondent. The suits are stated to be pending. Whileso, the District Collector, Nizamabad-1st respondent issued instructions to the Revenue Divisional Officer, Kamareddy, Nizamabad District-4th respondent to take steps on war footing to protect the property from the hands of the encroachers, with the assistance of police personnel, evict the encroachers and hand over the possession of the same to the Society. For better appreciation, I may refer the text of the letter dated 16.04.2007, which reads as hereunder: “Referring to the above, this is to inform you that some local people are trying to occupy the 18 mulgies located in Sy.No.778/E along with vacant land on the back side, belonging to Chenetha Sahakara Sangham Limited, Kamareddy, with fabricated documents, on the ground tht the said land is not located in Sy.No.778/E but the same is forming part of Sy.No.778/U. There is evidence and proofs by way of Government documents that the said land in fact is in Sy.No.778/E and belongs to Chenetha Sahakara Sangham Limited, Kamareddy. The relevant documents pertaining to the above property are enclosed herewith and the encroachers have no concern whatsoever with the above property. Hence, orders are issued to take steps on war footing to protect the above property from the hands of encroachers, with the assistance of police personnel, evict the encroachers from the land and hand over the possession of the same to the Society.” Hence, this Writ Petition by the petitioners with the prayer stated supra. 3. Rule Nisi came to be issued on 18.06.2007. An interim order of status quo came to be granted on the even date vide WPMP No.14934 of 2007. 4. The respondents 1 to 4 and 5 entered appearance and filed counter affidavits. The 4th respondent also moved WVMP No.2191 of 2007 with a prayer to vacate the interim order dated 18.06.2007 passed in WPMP No.14934 of 2007. It is stated in the counter-affidavit filed on behalf of the respondents 1 to 4 that in the year 1974, the Revenue Divisional Officer, Kamareddy, Nizamabad District-4th respondent issued proceedings under the Land Acquisition Act, 1894, (for short, ‘the Act’) for acquisition of land of the 5th respondent Society and adjacent lands to establish RTC Depot, Bus Stand. At the time of acquisition, the Inspector of Survey and Land Records, Nizamabad surveyed the society’s land and adjacent lands and fixed numbers and pote numbers. The Inspector of Survey and Land Records fixed boundaries of Society’s land in Sy.No.778/EE, 778/U. The Revenue Divisional Officer, Kamareddy, acquired the society’s land to an extent of Ac.1.15 guntas for construction of bus depot and bus stand. At the time of award enquiry, as some persons raised the ownership dispute, the Revenue Divisional Officer, Kamareddy referred the matter under Section 30 of the Act to the Subordinate Judge’s Court, Nizamabad, for determination of ownership over the land in Sy.No.778/EE. The Senior Civil Judge, Nizamabad, entertained the reference as O.P.No.128 of 1976 and decided that the 5th respondent Society is entitled to get compensation for Ac.1.20 guntas. Accordingly, the 5th respondent Society received the compensation. After sale and acquisition, the 5th respondent society is having only Ac.0.19 gts. land abutting to Hyderabad-Nagpur National Highway Road No.7 and in front of RTC Bus Depot. The Commissioner of Handlooms and Textiles, Government of A.P., appointed the Official Liquidator, as the 5th respondent Society was under liquidation from 1975 till 19.05.2005. Entire property of the 5th respondent Society was under the control of the Official Liquidator. The petitioners alleged to have purchased the land in Sy.No.778/U and started laying claim over the land belong to the Weavers Co-operative Society in Sy.No.778/EE. The Official Liquidator was appointed in the year 1983 and the land was in possession of the Official Liquidator from 1983. While the land was under the control of the Official Liquidator, the petitioners forcefully encroached into the land and made constructions in the year 2002. The Official Liquidator had taken steps to stop the construction, but in vain. The Official Liquidator lodged a complaint with the police and also with the Collector. All these could not prevent the petitioners from going ahead with the constructions. The Official Liquidator got the land surveyed with the survey department. The survey clearly shows that the land in dispute is purchased by the Weavers Co-operative Society in Sy.No.778/EE. After it was demarcated, the Official Liquidator was directed by the Commissioner, Handlooms and Textiles and the Collector to hand over the possession of the shops and the land to the 5th respondent Society. Accordingly, the 5th respondent Society was given possession of the property on 20.06.2005. Whileso, the petitioners forcibly entered into the 5th respondent Society’s property and occupied the premises on 29.01.2006. Thereafter, the petitioners filed O.S.No.16 of 2006 on the file of the Principal Junior Civil Judge, Kamareddy, and got orders of status quo vide I.A.No.72 of 2006, on 14.02.2006. Pending the said suit, this writ petition has been filed by the petitioners suppressing the material facts. Thereafter, the 5th respondent Society complained to the Collector, who directed the RDO to restore the shops to the Weavers Cooperative Society vide proceedings in Rc.No.487/2006, dated 16.04.2007. 5. The Counter-affidavit filed on behalf of the 5th respondent in brief is: One Vidya Dathu Rao and his sons had filed O.S.No.102 of 1988 on the file of the District Munsif Court, at Kamareddy and got a decree on 16.11.1988 declaring them as owners for an extent of 411 sq. yards in Sy.No.778/U of Kamareddy. Subsequently, 1) Vidya Venkateswar rao; 2) Vydya Bhaskar Rao; 3) Vydya Kishan Rao; 4)vydya Rama Rao and 5) Vydya Sheshu Rao sons of Vydya Dathua Rao have sold the land under various documents. Out of 411 sq. yards in survey No.778/U, the legal heirs of Vydya Dathu Rao had already sold 372.2 sq. yards leaving a balance of 38.8 sq. yards. Vydya Kishan Rao, who is one of the legal heirs of Vydya Dathu Rao, again executed various documents in favour of M.Jaya Laxmi and others. Vydya Kishan Rao executed the sale deeds without having any right over the land. The petitioners, who claim to have purchased the land from Vydya Kishan Rao, filed the present writ petition. It is further averred in the counter- affidavit that Vydya Kishan Rao had not obtained prior permission for construction of mulgies from Municipal Council. The petitioners herein have filed suits in civil court for perpetual injunction and obtained status quo orders for the mulgies which are existing in Sy.No.778/U, but not on the mulgies which are existing in Sy.No.778/EE. The status quo orders were valid upto 21.02.2006. The Official Liquidator handed over the charge of the Handlooms Weavers Co-operative Society Limited, Kamareddy on 26.06.2005 to the nominated President of the Society in pursuance of the orders issued by the Assistant Director, Handloom and Textiles, Medak at Sangareddy vide proceedings No.14998/Nzb/2003, dated 19.05.2005. Since then the properties were under the control of the 5th respondent Society. The 1st respondent on the request of the Commissioner of Handlooms and Textiles, A.P., Hyderabad and the President of the 5th respondent Society, to protect the property from unauthorized encroachers, issued proceedings impugned in the writ petition. The petitioners under the guise of the sale deeds said to have been executed by Vydya Kishan Rao, who had not retained any land, are trying to grab the land of the 5th respondent Society. 6. When the WVMP No.2191 of 2007 came up for consideration, with the consent of the learned counsel appearing for the parties, the writ petition is taken up for final disposal. 7. Heard learned counsel appearing for the petitioners and learned Government Pleader for Revenue appearing for the respondents 1 to 4 and learned counsel appearing for the 5th respondent Society. 8. Leaned counsel appearing for the petitioners submits that the civil Court ceased of the matter and the suits filed by the petitioners are pending adjudication and that intervention of the District Collector, Nizamabad-1st respondent under the impugned proceedings in the civil disputes, which have been ceased by civil court, amounts to excess of his jurisdiction. Learned counsel refers various disputes between the parties, which have been pending in civil Courts for adjudication. 9. Learned counsel appearing for the 5th respondent Society submits that the 5th respondent Society does not dispute the fact of the pendency of the civil suits filed by the petitioners. 10. It is trite to note that the 5th respondent society also filed a suit and the said suit is pending as OS.No.37 of 2006 on the file of the Principal Junior Civil Judge, Kamareddy and that both the parties approached the civil Court for adjudicating their rights. When such is the situation, issuance of instructions by the 1st respondent to the 4th respondent to take necessary steps for eviction of the petitioners from the disputed land amounts to excess of his jurisdiction. 11. Accordingly, the Writ Petition is allowed setting aside the order dated 16.04.2007 in Rc.No.487/2006 issued by the District Collector, Nizamabad District-1st respondent. Both the parties are at liberty to establish their rights in civil Court. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:21st July, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.12007 of 2007 Date:21st July, 2010