IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.9560 OF 1997 BETWEEN: Md. Visatath Rasool Khan ... PETITIONER AND Collector, Ranga Reddy District, Hyderabad and others ...RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.9560 OF 1997 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed for a writ of mandamus declaring the action of respondents in attempting to interfere with the petitioner’s possession and enjoyment of his patta lands bearing Survey Nos.785, 790, 796 and 806, admeasuring Ac.37-05 guntas, situated at Uppal Kalan, Ranga Reddy District, as arbitrary and illegal. 2. It is the case of the petitioner that the petitioner along with his family members are the pattadars, owners and possessors of the lands in Survey Nos.785, 790, 796 and 806, admeasuring Ac.16-33 guntas, Ac.7-06 guntas, Ac.6-30 guntas, Ac.6-16 guntas respectively, situated at Uppal Kalan, Ranga Reddy District. It is stated that the petitioner along with the joint pattadars developed the said lands into residential colonies and the respective plot owners have constructed their residential houses. The petitioner as well constructed the compound wall in and around the said lands. It is also stated that in 1978 layouts were also prepared in respect of Survey No.785 and the then local Gram Panchayat also sanctioned the layout by resolution No.363, dated 05.05.1978, and accordingly, the said lands were developed into residential plots after obtaining the necessary permissions, clearances and building permissions for various persons. While so, according to the petitioner, the dispute with regard to the ownership of the said lands was removed. But it is stated that some local people, who have been attempting to encroach the said lands, started interfering with the peaceful possession and enjoyment of the petitioner in respect of the said extent of Ac.37-05 guntas of land situated in Survey Nos.785, 790, 796 and 806. 3. A counter has been filed on behalf of the respondents. Respondent No.3 filed the counter on behalf of respondent Nos.1 and 2 stating that according to the Revenue Records Survey No.789/1 adjoining to Survey Nos.785, 790, 796 and 806 situated at Uppal Kalan Village is classified as Gairan Sarkari having a total extent of Ac.58-02 guntas, out of which an extent of about Ac.35-00 has already been allotted for various purposes i.e., weaker house sites and alienation to Raghavendranagar Cooperative Housing Society, which are locally called as Kalyanpuri and Teachers Colony and the remaining land is being protected from illegal encroachments by keeping a Marshal eye over it. Adjoining the said Government land, the petitioner’s patta lands are situated and he had sold out the said lands by converting them into residential plots and the lands in Survey Nos.791, 793, 795 and 790 are covered by pucca houses, but the land in Survey No.806 alone is a vacant land. The contention of the petitioner that the petitioner and his family members are the absolute owners of the aforesaid lands is accepted as per the record. It is stated that as per the Revenue Records, the said Survey Numbers belong to the petitioner and his family members; they were recorded as pattadars; they were in occupation of the said lands and subsequently they have sold away the same for the residential plots. Survey Nos.785, 790 and 796 are covered by pucca residential houses. It is stated that the land in Survey No.789/1 is a Government Land and in order to protect the Government property, the respondent authorities stopped the illegal activity as and when arised. In order to demarcate the patta lands of the petitioner from the adjoining Government land, a petition was filed before the Assistant Director, Survey and Land Records, Ranga Reddy District, and the said petition is under process. It is stated that the respondent authorities have demarcated the Government land and fixed the boundaries for Survey No.789/1, according to which the suit lands in question falls within the boundaries of Survey No.789/1. 4. Admittedly, the petitioner has no right in the land situated in Survey No.789/1 and similarly, the respondents are in no way concerned with the peaceful possession and enjoyment of the petitioner's patta lands. According to the respondents, they never interfered with the patta lands of the petitioner and in fact petitioner himself tried to encroach upon the Government land and started construction in Survey No.789/1, for which the respondents interfered and stopped the illegal activities of the petitioner. Petitioner himself encroached the Government land taking advantage of his adjacent patta lands. In fact, the petitioner has filed benami petitions for regularization of the encroachment for the suit lands under G.O.Ms.No.508, dated 20.10.1995, which has been rejected. 5. In view of the above, I am of the opinion that if there is any dispute with regard to the boundaries of the Government Land in Survey No.789/1 situated at Uppal Kalan, Ranga Reddy District and the patta lands of the petitioner in Survey Nos.785, 790, 796 and 806 situated at Uppal Kalan, Ranga Reddy District and boundaries relating to the patta lands of the petitioner, it is always open for the respondent authorities to take appropriate steps for demarcating the lands and the boundaries under the Andhra Pradesh Survey and Boundaries Act, 1923. But without taking any recourse for demarcation of the boundaries of the Government land and patta lands of the petitioner, it is not open for the respondents to assume and presume that the petitioner is encroaching the Government land and interfere with his possession of the same. At the same time, it is also not open for the petitioner to encroach upon the Government land taking advantage that the Government land is situated adjacent to his patta lands. 6. Having regard to the facts and circumstances, the Writ Petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner patta lands in Survey Nos.785, 790, 796 and 806 situated at Uppal Kalan, Ranga Reddy District, without following due process of law. There shall be no order as to costs. ___________________ V. ESWARAIAH, J July 22, 2010 MD THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.9560 OF 1997 July 22, 2010