Hyderabad: The Telangana High Court dismissed claims by several private parties over around 36 acres of land in Survey No. 59 of Kondapur village, Serilingampally mandal, which was already handed over by the government to private and public entities. Out of the 57.09 acres, the government had allotted six acres to the Chandra Raja Rajeswara Rao Foundation; five acres each to the Rangareddy district RTA and the Jeer Education Trust; 10 acres each to the APSRTC and Weaker Sections Colony; and three acres for a graveyard. The government had 10.19 acres.
Justice Nagesh Bheemapaka of the High Court was dealing with the appeals filed by the government in 2002 and 2003 seeking to set aside a decree issued by the Civil Court of Rangareddy district, that had declared private parties as owners of three acres each.
The private parties asserted ownership and possession over the land, citing pattas allegedly granted in 1961 under Rule 9(g) of the Laoni Rules, 1950. They sought a declaration of title, injunction against interference, and mutation of their names in revenue records. The trial court accepted their case and decreed in their favour in April 2002.
On appeal, the state contended that the pattas relied upon were fabricated, temporary in nature, and issued contrary to revised assignment rules notified in GO Ms. No. 1406 of 1958, which superseded earlier Laoni Rules. The state pointed out that GO Ms. No. 1122 of 1961 imposed a ban on assignments within a 10-mile radius of Hyderabad, covering Kondapur. It was also argued that portions of the land had already been allotted to various institutions.
The High Court found several anomalies in the pattas, including discrepancies in dates and the use of terms absent in the prescribed format. It ruled that the plaintiffs failed to establish valid title, stressing that in suits for declaration the burden rests squarely on the claimants. The court also rejected their plea of adverse possession, holding that such a claim cannot coexist with their assertion of pattas.
Justice Bheemapaka faulted the private parties for their double standards in attempting to grab the land by saying that it was allotted under Loani Rules at one time and later claiming that they were in settled possession for 40 years. The judge made it clear that the civil court as a fact-finding court could not presume possession in the absence of documents.
Concluding that the trial court had erred in presuming both title and possession, the High Court set aside the decree and dismissed the suits, terming the litigation an attempt to encroach upon valuable government land.
