HYDERABAD: A two-judge bench of the Telangana High Court on Thursday declared that the TS Industrial Infrastructure Corporation (TSIIC) could not dispossess Visweswara Infrastructure Pvt Ltd (VIPL) and others from possession of 53 acres of prime land situated in Survey No. 83/2 of Raidurg, Panmakta village.
The land has been the subject matter of a long litigation between various parties. It was also subject to proceedings before authorities under the Agricultural Land Ceiling Act and the Urban Land Ceiling Act. The present petitioners, VIPL, had challenged the action of the government and the TSIIC in seeking to dispossess the petitioners and to interfere with their possession of 53 acres of land.
The entire extent of land under controversy spreads over 470 acres. A single judge of the High Court had dismissed the writ petition by faulting the petitioner for not disclosing facts relating to a civil suit; the judge had also declared that the petitioner had no title to the land.
In appeal, the division bench divided the controversy to three major issues. The bench answered all the issues in favour of the appellant/writ petitioners and allowed the appeals by stating that the declaration was only with regards to 53 acres.
Speaking for the bench, Chief Justice Alok Aradhe pointed out: “The order of the tribunal had attained finality in respect of land measuring 99.07 acres and the possession of the land was given to the power of attorney holders of the landowners. The aforesaid order of the tribunal directing delivery of possession to the power of attorney holders of the landowners was not assailed by anyone.”
“The appellant’s case is that they have purchased the subject land out of 99.07 acres vide registered sale deeds. It is also pertinent to mention herein that the aforesaid sale deeds have not been assailed by anyone before any of the forums.”
The bench stated that the single judge's “averments made by the private respondents in their counter with regard to title of the appellants erred in adjudicating the question of title in a summary proceeding under Article 226 of the Constitution of India which is not permissible….”
The bench stated that it was settled law that a person can be dispossessed of the property only by following due process of law. In the present case, the bench pointed out, “The action of the respondents in trying to dispossess the appellants and demolish their structures” was illegal.
“The finding recorded by the learned single judge that fraudulent action of the appellants is apparent from the face of the record is not based on any material on record. The learned single judge ought to have appreciated that the appellants had pleaded all the relevant facts necessary for seeking an order restraining the official respondents from dispossessing them from the subject land except in accordance with law” the Chief Justice added.
The bench, accordingly, directed: “The respondents are restrained from dispossessing the appellants in respect of the land measuring 53.00 acres situated in Survey No. 83/2 of Raidurg, Panmakta village, Serilingampally mandal, Ranga Reddy district except in accordance with law. The respondents are also restrained from demolishing the fencing sheets and constructions raised by the appellants without taking recourse to the law. It is also clarified that this court has not expressed any opinion with regard to the title in respect of the subject land, and the same is kept open to be adjudicated in appropriate proceedings before the competent civil court."
