OS No. 291 of 20091Dt.23.04.2024.
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AT
MAHABUBNAGAR
PRESENT: SMT. M. SANDHYA RANI, Prl.Senior Civil Judge, Mahabubnagar. FAC. Addl.Senior Civil Judge, Mahabubnagar.
Dated this the 23rd day of April, 2024.
O.S. No. 291 of 2009
Between:-
Khadi & village Industries Development Trust Mahabubnagar through the tustees 1 to 4.
1. Sri P.Vinayak Rao S/o late P.Hamnath Rao Garu, age: 79 yrs, Occ: Secretary, Mahabubnagar Khadi & Village Industries Development Trust Mahabubnagar proper, R/o. Old Palamoor locality of Mahabubnagar town (Died).
i. P.Pramod Krishna S/o Late P.Vinayak Rao, age: 53 years, Occ: Secretary, Mahabubnagar Khadi & Village Industries Development Trust R/o H.No.5-8-3, Old Palamoor locality of Mahabubnagar Town and District.
2. Sri V.Manohar Reddy S/o late Hanmanth Reddy, age: 73 yrs, Occ: Legal Practitioner and Member of Mahabubnagar Khadi & Village Industries Development Trust R/o Rajendranagar, Mahabubnagar.
3. Sri Sattoor Ramulu Goud, S/o late Narsimulu Goud, Age: 69 yrs, Occ: Member of Mahabubnagar Khadi & Village Industries Development Trust R/o. Mahabubnagar. (Died) i. Dr. R.Gangadhar Goud S/o. late R.Krishnaiah Goud, Age: 74 yrs, Occ: Medical Practitioner and Vice President of Mahabubnagar Khadi & Village Industries Development Trust R/o H.No.7-4-33, Venkateshwara Colony, Mahabubnagar.
4. Sri G.Venu Gopal S/o late Bhaskar Rao, Age: 71 yrs, Occ: Legal Practitioner and Member of Mahabubnagar Khadi & Village Industries Development Trust, R/o Srinivasa Colony, Mahabubnagar.
….Plaintiffs.
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And
The State of Telangana rep. by District Collector, Mahabubnagar. ….Defendant.
* * *
This suit coming on this day, ie., on 26.02.2024 for final hearing before me in the presence of Sri.Burri Venkata Rama
Reddy and C.Raghotham Reddy, Advocate for plaintiff and Sri
Kendyala Gopal, Asst. Govt. Pleader for the defendant and upon hearing the matter stood for consideration, this court delivered the following:-
J U D G M E N T
This is a suit for declaration by declaring the note order 1.
of the District Collector Mahabubnagar dt. 11-02-2009 in
file No.G/1940/2006, against the plaintiff in respect of the property owned by plaintiff in sy.no.49 is void and illegal. Fur- ther declaration that the land owned by the plaintiff in sy.no.49 is not a declared tank bed shikam land by any order of the
Government, and further the defendant and his subordinates may be permanently restrained from removing any machinery, material and fixtures in the structures (Sheds) constructed by the plaintiff as specifically shown in the suit sketch and dam- ages of Rs.16,56,000/- may awarded for demolition of sheds by defendant.
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OS No. 291 of 20093Dt.23.04.2024.
The brief averments of the plaint as follows: 2.
The plaintiff herein is a Khadi and Village industries development trust and herein KVIP trust established under the able guidance of late Pallerla Hanumanth Rao is well known as Dakshina
Gandhi. On 08.07.1954 this trust was registered under trust deed this said trust established is founder of the trust is well known as
Dhakshina Gandhi. This trust is to spread the production and sales of Khadi products in Mahabubnagar and also organize village industries and also to follow the other ideals of sarvodhaya moment and which are not opposed to the sarvodhaya moment and the objectives and ideals of the trust are mentioned in the trust deed.
The plaintiff herein after referred as KVIP trust.
Further submits that the KVIP trust purchased the property in sy.No.49 of Mahabubnagar town under two registered documents vide document no.659/1998 and doc. no.1645/1963 dt. 06.06.1963 and also in favour of this trust a gift deed bearing document no. 1646/1963 dt.06.06.1963 was also executed and all the properties situated in sy,.no.49 with four corner boundaries ascertained accurately and the same was shown in the title deeds of the Khadi and Village Industries trust Mahabubnagar. Further submits that there have been permanent structure in the properties
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owned by the plaintiffs in sy.no.49 from the past more than 50 years and they are in peaceful possession and absolute owner ship of the plaint. Further in furtherance of spreading of the ideals of the trust the plaintiffs also constructed sheds and running a cottage industry and manufacturing Khadi papers and allied products and also let out one such shed to others for storage of cool drinks.
Some vested interested organization in the name and style of "THE PALAMOOR CHERUVULA PARIRASKHANAM SAMTHI" said to be a registered organization bearing doc. no.5044/01 filed writ petition against the state of Andhrapradesh, the dist collector
Mahabubnagar, and District Sports Authority Mahabubnagar for the protection of tank bed land of Pedda Cheruvu situated in Sy.no.67 of
Mahabubnagar town which is totally consisting of Ac.96.11gts and obtained various order in writs but the plaintiff herein is not a party to any one of the writs and Hon'ble High Court not passed any adverse orders against the plaintiff in person or in respect of the property owned by the plaintiffs in sy.no.49 and plaintiffs submits that they did not encroach an inch of land on tank bed in sy.no.67 and the orders passed by the hon'ble high court in respect of protection of tank bed land of Pedda Cheruvu is in respect of sy.no.67 only. As per the directions of the hon'ble high court in the main writ petition in no.2493/06 the then Hon’ble District and Sessions Judge,
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Mahabubnagar inspected the Pedda Cheruvu submits report on 17.05.2007 to Hon’ble High Court. Which is also confirms the facts that as many as 47 members have encroached Ac.6.09gts of tank bed out of Ac.96.11gts., in Sy.No.67 of Pedda Cheruvu Mahabubnagar.
Further out of 47 encroachers 42 members already built their houses and they are residing in them and defendants issued patta certificates to four of such encroachers as it is evidenced by the fact finding report of the Hon'ble District Judge as such the owner ship of the plaintiff over the suit schedule property in sy.no.49 is not disputed by the defendant. Further the District Collector requested the plaintiffs and allotted the land to District Sports Authority vide note order document no.B/1940/2006 dt.11.02.2009 thus admits the plaintiffs ownership over the suit schedule property in sy.no.49 though it is illegally described in the said order in para no.5 that it is tank bed patta land. The KVIP trust filed writ petition No.4240/2007
before the Hon’ble High court and as per the directions of the Hon’ble
High court in writ petition the Mandal Surveyor Mahabubnagar surveyed the land and found that the structure raised by the plaintiff fall within the boundaries of sy.no.49 and which is owned by the plaintiff and the Irrigation Authorities opined that if the water is
received to Full Tank Level in the Pedda Cheruvu the same will
spread into and stagnate even in sy.no.49 of the plaintiffs. Even
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if it is so just by inundation of the land owned by the plaintiff
occasionally when water is at FTL level in Peddacheruvu the
nature and the character of the land cannot be described as tank
bed land by the defendant which is illegal thus the order of the
Dist. Collector sought declared void in the suit.
The state can acquired the land by paying the market value to the plaintiffs in sy.no.49 and to declare it as tank bed land further the revenue records the land in sy.no. 49 is classified as shikam even if any erroneous entries are made in any of the revenue records the same will not take away the absolute owner ship of the plaintiff over the land in sy.no. 49 and such entries will not have any legal sanctity. Further on 11.02.2008 the defendants illegally ordered in file no.G/1940/2006 that for removal of machinery and material fixtures and structures raised by the plaintiff by vacating the premises within three days and subsequently the commissioner municipality is directed to demolished the structures raised by the plaintiff immediately and submit the compliance report as such the said order of the defendant is illegal, void and un en-forcible and which is liable to be declared as void and hence the plaintiff is constrained to filed the present suit.
During pending of the suit the plaintiff filed the petition u/o 6 rule 17 3.
r.w 151cpc for amendment of plaint and IA No. 34 of 2018 was
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allowed by this court vide docket order dt.15.11.2018. Accordingly the plaintiff amended the plaint and added that on 30.10.2007 all of
sudden the defendant engaged his employees and got removed
existing shed and compound wall of sy.no.47 causing heavy
monetary loss to the plaintiff trust which is estimated to the
tune of Rs.16,56,000/- by qualified retired Civil Engineer thus
Demolishing the structures by defendant is illegal by exercising the power beyond their jurisdiction having admitted the absolute ownership of the plaintiff hence the plaintiff are entitled for the damages Rs.16,56,000/- with proportionate cost.
The defendant No.1 filed written statement that
The then Revenue Divisional Officer Mahabubnagar filed the detailed written statement with para wise remarks and submitted that the Government proposed to construct swimming pool in Sy.No.49 hence taken an extent of Ac.0.25gts of land in sy.no. 49 and in lieu of that Government was given an extent of Ac.27 gts in sy.no.67 to plaintiff trust and an extent of Ac.15.11 gts in sy.no.49 is classified as “Shaga local fund” which means that it is a Government land allotted to the municipality as such the entries are made in the Revenue
Records I.e. Kasra and Chesla pahani. Thus the acquisition of said land by the petitioner under registered documents is false and bogus.
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Further the Government land cannot be transferred either by registration or through gift it can only be done by alienation.
Further denied that the structures in sy.no.49 is existing from more than 40 years and the plaintiff has raised the structures recently and using the said place for letting out to other business people in deprivation of very so called ideology of the KVIP trust and the Mandal
Surveyor prepared the Survey records and they were checked by the
Deputy inspector and the inspector of land records. As per the survey records the structures raised by the petitioners are fallen within the boundaries of the sy.no.67 but not within the sy.no.49. Whereas the
land in sy.no.67 is shikum land and land in sy.no.49 is shaga
local fund and the sy.nos.49 and 67 are abutting to each other
and they are submergible in the back waters of Pedda Cheruvu.
Further submits that in obedience of the orders of the hon'ble high court in writ petition no. 4240/2007 a survey has been made and found that the structures raised by the petitioner are coming in sy.no.
67. Further the petitioners are using the land for other than the Kadhi purpose they let the area for storing cool drinks etc. which is illegal as the KVIP trust have raised the structure in sy.no.67 hence the District
Collectot has passed orders to the municipality Mahabubnagar for removing the illegal structures.
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Further as per the directions of the Hon'ble High Court in
W.P.No.2493/06, the District and Sessions Judge, Mahabubnagar to inspect the water bodies in Mahabubnagar District. Hence Hon’ble
District Judge submitted a report on 17.05.2007 stating that
Acs.6.09gts of Pedda Cheruvu of Mahabubnagar is under encroachment as out of the total extent of Acs.96-11gts., the KVIP trust having raised structures in the tank bed patta land in sy.no.49 and causing obstruction to the full tank level of Pedda Cheruvu and water will spread and stagnate in the said survey number also.
Further the Sy.No.49 is classified as Shikam and in view of the directions of the Hon'ble high court there is an imperative need to keep the submergence areas of tanks intact to maintain water bodies.
Further the land can be used for agriculture when there is no water at
Full Tank Level, but there shall not be any permanent structures for using for commercial purposes and prayed this court to dismiss the suit.
After amendment of the plaint the defendants reported on 27.03.2023 no additional written statement.
Basing on the pleadings, the following issues were framed my learned predecessor:
1. whether this court has no jurisdiction to entertain this suit?
2. whether the court fee paid by the plaintiff is incorrect?
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3. whether the land in sy.no.49 was classified as “Shega local fund” (Government land)?
4. whether the plaintiff is not in possession of the property?
5. whether the plaintiff is entitled for the relief of declaration that the ‘note order of the District Collector Mahabubnagar Dt.11.02.2009 in file no.G/1940/06 passed against the plaintiff is respect of the schedule property, as void and illegal?
6. whether the plaintiff is entitled for declaration that he is the owner of the schedule land?
7. whether the plaintiff is entitled for perpetual injunction as prayed for?
8. if so, to what relief?
This court framed addl. issues on 09.09.2021 i.e.
issue No.9.
Whether plaintiff is entitled to damages of Rs.16,56,000/- for removal of structures?
In support of plaintiff’s case, the plaintiff examined PW-1 4.
to PW-3 and got marked Ex.A-1 to A18. The details exhibits are mentioned in the list of appendix of evidence.
In support of the case of the defendants the defendants ex- 5.
amined as DW1 and DW2 and got marked Ex.B1 and Ex.B2.
Heard the learned counsel for the plaintiff and defendants 6.
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and perused the material on record.
Now, the point for consideration is: 7.
POIN T :-
Now we see the substance of evidence of oral and documentary evidence of each witness. As per the orders in IA No.40/2021
Dt:09.09.2021 this court appointed Sri. Venkatesh Advocate as
Advocate Commissioner to record the evidence of P.Vinayaka Rao as
Pw1 and on behalf of KVIP trust Sri Vinayaka Rao filed chief examination affidavit, in lieu of his chief examination as PW1 and they got marked Ex.A1 to Ex.A16 and the defendants represented by AGP cross examined the PW1 at length and the deposition was reduced into writing and later the learned Advocate Commissioner filed the report in this court.
During cross examination the learned AGP elicited the below mentioned admissions through PW1 i.e. Pw1 admitted that Ex.A1 to
Ex.A16 are got marked subject to objection and stated that they purchased the land for Khadi Board in the year 1963 and some extent of land was donated in the same year as such the total extent of land is Ac.6.11gts and also admitted that all three registered documents are not reflecting the survey numbers but the four corner boundaries are specifically mentioned in the Ex.A1 to Ex.A3, and
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property is exempted from properties tax from the year 1954 and filed the Ex.A9 which is the sanction permission for construction of the building by Khadi and Village industries for manufacturing of hand made paper and further admitted that they are maintaining the records pertaining to KVIP but not filed in the court and further admitted that there shall not be structures in official tank bed land as opined by hon’ble high court vide writ petition no.4240/2007. Then with the consent of the counsel for the plaintiff the said letter was marked as Ex.B1. and admitted that at present they do not have any document with regard to owner ship of his vendors and the total extent of land in Sy.no.49 is 14 to 15 acres and he further stated that he do not know the details whether it is “Sega local fund”.
Further admitted that Ac.0.25gts in sy.no.49 given for construction of swimming pool by sports authorities and government offered to give Ac.0.25gts of land in sy.no.67 to them and later the same is taken back as it is tank bed land and further stated the
Government had paid Rs.1,80,000/- toward compensation for this structure raised by Khadi Trust in sy.no.49 and the same Is mentioned in the file no.G/1940/2006 dt.11.02.2009 that the land in sy.no.49 is the tank bed patta land which is questioned in this court.
The land in sy.no.49 is not being utilized by Khadi Board by any other purpose other than these which are mentioned in the trust deed and
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admitted that the part of the shed was given for storage of cool drinks godown. Further admitted that Government demolished only the structures which was given for storage of cool drinks in sy.no.49
Further admitted that the Hon’ble District Judge submitted reported Dt: 17.05.2007 to Hon’ble High Court mentioning that the structures are raised in sy.no.67 vide dis. No.3864 in writ petition no.2493/2006 dt.10.04.2007 marked as Ex.B2.
Further PW1 denied that they filed the requisition before the
Mandal surveyor with regard to conduct survey in sy.no.67 with reference to their land in sy.no49 and the land in sy.no.49 is government land and handed over to the municipality and the two structures are raised in sy.no.67.
And the structures are existing in sy.no.67 and Ex.A1 to Ex.A3 are created for the purpose of filing the suit and no structure was demolished by Government and the Government is not liable to pay any damages.
The retired Assistant Civil Engineering by name Mohd. Wahid Ali examined as PW2.
He deposed that he conducted survey in sy.no. 49 and shown the four corner boundaries and prepared the estimations for demolished structures accordingly he fixed the boundaries in the
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presence of District Surveyor and Asst. Director of survey and land records and estimated the damages to the tune of Rs.16,56,000/-.
During cross examination he admitted that he have not produced any record to show that he was retired as a Civil Assistant
Engineer and denied that he had no authority to issue Ex.A17 since he was not in service as on the date.
Then the secretary Khadi and village industries development trust Mahabubnagar examined as PW3 and he stated that as per the resolution dated 16.02.2022 he had choosen as secretary of Khadi and village industries development trust Mahabubnagar and he submitted certified copy of the writ order copy vide 21595/2006 dt.21.06.2022 passed by the hon’ble high court of Telangana state in respect of compensation to be paid to our trust for acquisition of land in suit sy.no.49 by the defendant to prove their ownership and said documents are marked as Ex.A18 and the defendant did not choose to cross examined the PW3, as such the cross examination treated as nil by this court.
Now we see the evidence of the defendants:
Sri. K.AnilKumar who is Revenue Divisional Officer
Mahabubnagar examined in official capacity as DW1 and his chief examination affidavit is in similar lines of written statement and stated that as per the Revenue Record right from Kasra Pahani 1954-
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55 the land bearing sy.no.49 an extent of Ac.15.32gts., is classified as
Shaga Local Fund and it is Government land allotted to Municipality and the registered sale deeds doc.no.659/1958 and registered doc.no.1645/1963 dt.6.06.1963 and registered gift deed no.1646/1963 dt.06.06.1963 through which the plaintiffs acquired the property have no sanctity and null and void and further submitted that the structures has been raised in subject land very recently and no cottage industry is manufacturing Khadi paper and alloyed products as per the ideology of the plaintiff trust and the plaintiff using the said place for letting out to other business people in deprivation of very so called ideology of the plaintiff trust and they let out to one cool drink company for storage further submits that
Mandal Surveyor has conducted survey and demarcated the sy.no.67 and the sy.no.49 and further stated that sy.no.67 and sy.no.49 are abutting to each other and they are under submergence of the back waters of Pedda Cheruvu and sy.no.49 is recorded in the name of
Shaga local fund and belongs to Mahabubnagar Municipality and further stated that as per the survey report the structures are raised by the plaintiff trust are within boundaries of Sy.no.67 which is classified as Shikam of Pedda Cheruvu and land bearing sy.no.49 is recorded as Shaga local fund.
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As per the orders of hon’ble high court in writ petition 4240/2007 survey has been conducted and found that the structures raised by the plaintiff trust within the shikam land in sy.no.67 of
Mahabubnagar town further the plaintiffs are using the land for other than Khadi purpose which is illegal. Since the structures are in sy.no.67 the District Collector Mahabubnagar has passed orders dt.11.02.2009 in the file no.G/1940/2006 directing the Municipal
Mahabubnagar for removal structures raised in sy.no.67 and as per the directions of hon’ble high court and writ petition no.2493/2006 the hon’ble District and sessions judge as inspected the water bodies
Mahabubnagar and submitted a report on d17.05.2007 stating that
Ac.6.00 gts of Pedda Cheruvu of MBNR town made encroachment of against the total acre of 96.11gts. and causing obstruction of the
full tank level of Pedda Cheruvu and as per the directions of the
honb’le high Corut there is an imperative need to keep the
submergence area of tanks intact to maintain water bodies the
land can be used for agricultural purpose in case there is no water
at full tank level but there shall not be any permanent structure
using for commercial purpose and further submits that the then
District Collector Mahabubnagar as inspected the Pedda Cheruvu
on 11.02.2019 along with the than Revenue Divisional Officer,
Mahabubnagar, Tahsildar, Mahabubnagar (Urban), Executive
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Engineer (I.B.Division) Mahabubnagar and Mandal Surveryour,
Mahabubnagar and noticed that the Khadi and village industries development trust Mahabubnagar has raised structures in Sy.no.49 which is recorded as “Shega local fund and an extent of Ac.0.25gts., in sy.no.67 is given to plaintiffs as of Ac.0.25gts taken in sy.no.49 from the plaintiffs. Further stated that "the palamooru Cheruvula
Parirakshana Samithi" filed the writ petition before the Hon’ble High
Court for the protection of pedda Cheruvu then Hon’ble High Court issued orders on dt,14.02.2005 and held that no part of the land in sy.no67 shall be utilized for any purpose other than water tank purpose and shall be retained as Pedda Cheruvu Tank.
As per the directions of the Hon’ble High Court the then District & Sessions Judge Mahabubnagar has inspected the water bodies in
Mahabubnagar District and submitted a report on 17.05.2007 stating that the total extent of pedda Cheruvu is Ac.96.11gts and an extent of land Ac.6.00gts belongs to Pedda Cheruvu of Mahabubnagar town is under encroachment. Then thereby the hon’ble high court Hyderabad in order dt.31.08.2007 has directed the District Collector
Mahabubnagar to file action taken report on the findings of the
District and Sessions Judge, Mahabubnagar. Then they conducted survey and as per the Mandal Surveyor report the structure raised by
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the Khadi and village industries development trust Mahabubnagar are falling within the boundaries of sy.no.49 and which is Tank bed patta land.
Further stated that inview of the directions of the hon’ble
high court there is an imperative need to keep the submergence
areas of tanks intact to maintain water bodies. It is further
noticed that, the plaintiff trust let out the sheds for storage of
cool drinks as contaminated drinks are hazardous to public
health and which are being produced from the plant established
in the premises of KVIP trust, hence accordingly the District
Collector directed the Commissioner Municipality Mahabubnagar vide ref.No.G/1940/2006, Dt.11.02.2009 to demolish the structures immediately under intimation to plaintiff trust. But in order to defeat the orders passed by the hon’ble high court in writ petition no.
4240/2007 and 2493/2006 the plaintiff trust has file the present suit with intention to take shelter under the guise of injunction order from a civil court without any manner and right.
During cross examination he admitted that he know about
Mahabubnagar Cheruvula Parirakshana Samithi and the said Samithi filed a writ petition before the hon’ble high court seeking protection of tank bed area in sy.no.67 and further admitted that in pursuance of the direction of Hon'ble High Court the District Judge inspected the
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area and noted down the encroachment of tank bed area in sy.no.67 and admitted that the land to an extent of 6 acres was encroached and further admitted that as reported by Hon'ble District Judge out of 6 acres of land Ac. 2.00gts of land assigned by the Government and the then Collector directed to take over the possession of land after demolishing 42 houses constructed in encroached area and there is no compliance report in their office with regard to this aspect and admitted that sy.no.67 and sy.no.49 are adjacent to each other and whenever there is full tank level in sy.no 67 the land in sy.no.49 will be inundated and further admitted that FTL level is fixed for as
Ac.96.11gts taking into consideration. Further admitted that there is full tank level water then part of sy.no.49 also will be inundated and this is happening for the past 60 years earlier it was not there and he further stated that he do not know whether inundated taken place in sy.no.49 also due to encroachment of tank bed of sy.no.67 further admitted that sy.no49 is not officially declared as tank bed land and further admitted that sy.no.49 is not included and writ petition filed by Mahabubnagar Cheruvula Parirakshana Samithi and further stated that they have no record that during the pendency of the suit
Government demolished two sheds stating that it is hazardous to public health as they were manufacturing cool drinks and denied the suggestion that hazardous cool drinks were never manufacturing or
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stored in those shed and the inventory also not prepared and no
Forensic Report was taken before concluding that it is hazardous to the public health and before demolishing of two sheds. As per the records sy.no.49 belongs to Government and he do not know about the counter filed on behalf of the government in writ petition no.
21595/2006 which is marked under Ex.A18 in which Government admitted that the land in sy.no.49 belongs to the plaintiff. And denied that due to the negligence of the government only the survey number encroached and therefore the water is coming into the land in sy.no.49 and causing loss to the plaintiff and denied that Government harshly and unlawfully demolished the sheds and due to which the plaintiff sustained loss of Rs.20,00,000/- as such Government caused monetary loss to the plaintiff who is working as non profitable organization and hence plaintiff is entitled to claim damages.
The Municipal Commissioner examined as DW2 and his chief examination is in similar lines of DW1 and during cross examination he admitted that he visited the suits as petition schedule property and he stated that he do not know that whether any machinery used for manufacturing hazardous drinks was seized from the suit schedule property and there is no record to this effect and further stated that the District Collector Mahabubnagar issued orders on dt11.02.2009 for demolishing the encroachments, and admitted that sy.no.49 is not
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declared officially as tank bed land and he further admitted that the
Municipality is not claiming any right over the land in sy.no.49
and he further admitted that he have not filed any record showing that prior intimation is given to plaintiffs before demolishing the structures in the sy.no.49. Further admitted that ring road is formed around sy.no.67 and sy,.no.49 because of the said ring road no water will be stagnate even in case of water is at Full tank level and denied that the order passed by the Collector dt11.02.2009 in the file no.
G/1940/2006 are illegal.
Heard the learned senior counsel for the plaintiff and learned
AGP submitted that the land in sy.no.67 is tank bed land of pedda
Cheruvu and the plaintiff is a trust and having land in sy.no.49 for the of protection of water bodies the Mahabubnagar Cheruvula parirakshana samithi filed writ petition before the Hon'ble High Court and Hon’ble District Judge appointed as Commissioner then the
hon'ble District Judge inspected the Pedda Cheruvu and submitted
the report which is marked as Ex.B2 and sy.no.49 is not subject matter of the said petition and further submits that the subject matter in this suit is note order of the district collector and that order of
the District Collector is challenged in this suit and the written
statement filed by the defendant is self contradictory and further
emphasized on the evidence of Revenue Divisional Officer to take
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Judicial notice and further the defendants admitted that there is
no record with regard to inventory prior to demolition of sheds
and the retired Employee estimated the compensation amount
who is not competent to give report and the Municipality
Authority illegally demolished the sheds hence prayed to decree
the suit.
The defendants represented by AGP submitted the detailed written arguments and perused the written arguments filed by the plaintiff and defendants.
In order to prove their contention the plaintiffs got marked their documents as follows:
Ex.A1- original sale deed document no. 659/1958 originally it is in urdu language and hence its translation copy is enclosed (is enclosed with the translated copy). the original sale deed is in between and of Mohd.Abdul Khaqum saheeb Advocate, Secretarary Khadi &
Village Indusrties and trust Mahabubnagar and delivered the possession with fixed boundaries, Ex.A2 is also the original sale deed executed by one Sri. SR.Gunti in favour of Sri.Md. Khauum on 06.06.1963 with fixed boundaries and the sy.nos. are not mentioned in both the documents, Ex.A3 is another gift deed executed by Sr.
Gunti in favour of Khadi and Village industries development trust deed with the plan, Ex.A4 is the deed of trust executed on 08.07.1954
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between sri. Pallela Hanumanth Rao founder and the trusty members
P.Hanumath Rao, Sidda lingappa, KV Prathap Reddy, BS Rao and
Abdul Khaqum and they detailedly mentioned about the functioning and activities of their trust and the founder has executed a deed of trust on 08.07.1954 and created a trust under the name and style of
Mahabubnagar Khadi and Village indurstries development trust and authorized the trusties to do all such things as are conductive to the promotion of the objects mentioned in the trust deed, Ex.A5 is the deed executed on 01.09.1956, Ex.A6 is the Kasra pahani pertaining to the year 1954-55 pertaining to sy.no.49, Ex.A8 is the letter submitted by the Mandal Revenue Officer to the revenue divisional officer with regard to 25gts., land in sy.no.49 pertaining to the Khadi & Village was taken and handed over to the Dist. Sports Authority and 25gts., of land in sy.no.67/2 is handed over to the Secretarary KITS
Mahabubnagar, Ex.A10 is also a letter is issued by the revenue authority, Ex.A11 is a letter addressed bythe RDO to the District
Collector with regard to sanction of compensation and stating that the
KVIP trust is claiming towards the claim of 6 sheds stated to be demolished for the construction of proposed swimming pool and
Rs.20,000/- was paid to the trust, Ex.A12 is the letter submitted to
Hon'ble High Court to by the Asst. Director to Hon'ble High Court with
regard to fixing of boundaries to sy.no.49 in the presence of Khadi
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board members and Muncipal Chairman, Ex.A13 is the letter of the dist. sports authority, Ex.A18 is the order copy dt.21.06.2022 in writ petition no.21595/2006. it is pertaining to the land allotted to the swimming pool.
On careful perusal of the documents submitted by the defendants i.e. Ex.B1 and Ex.B2 and the documents got marked in
IA.No.1158/2009 and documents are old ROR, Kasra pahanis
pertaining in the year 1955 to 58 in that documents Ex.B1 is reflecting that total extent of land in sy.no.49 is Ac.15.32gts., and it is patta land where as in Ex.B2 sy.no.49 the total extent of land in sy.no.49 is Ac.15.32gts, shown as Shaga local fund where as in Ex.B5 the total extent of land is Ac.15.32gts and shown as patta land and name of the land hold pattadar is Shaga local fund and with regard to sy.no.67 clearly reflecting the total extent of land as Ac.96.11gts., and discribed as a shikam Cheruvu.
Ex.B1 in the main suit is the order copy of writ petition no.23915/2001 and the parties to the writ petition are the Palamoor
Cheruvula Parirakshana Samithi with registered no. 5044/2001 represented by its joint secretrary were the petitioners the respondents of are the Government of Andhra Pradesh represented by its Principal Secretary (Revenue Dept) secretarial Building Hyderabad,
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The District Collector Mahaboobnagar District Mahaboobnagar, The
District Sports Authroity Mahaboobnagar.
I have gone through the order dt.14.02.2005 of hon'ble high court in that order Hon'ble High Court instructed that no part of the land in sy.no.67 of Mahabubnagar will be used or utilized for any purpose other than water tank purpose and will be retained as Pedda Cheruvu tank.
Ex.B2 is the proceedings of Asst. Director S&Lr Mahabubnagar vide ROC no.A5/455/2007 dt.29.06.2007 in compliance of directions of Hon'ble High Court in writ petition no.4240/2007 to fix up the boundaries of sy.no.49 of Mahabubnagar and fixed the boundaries and conducted panchanama and the report of panchanama and tonch map of sy.no.49 are marked as Ex.B2.
For the conveyance of the both parties the Suit Schedule
Properties are reproducing as follows.
Schedule of property
Two sheds bearing door No.1-5-76 & 1-5-77 situated in Sy.No.49 as specifically shown in the annexed sketch map to the plaint situated at Mahabubnagar.
For the convenience of this court the issue no.1 and 2 are discussed together.
1. Whether this court has no jurisdiction to entertain this suit?
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OS No. 291 of 200926Dt.23.04.2024.
2. Whether the court fee paid by the plaintiff is incorrect?
The suit schedule property is situated within the territorial jurisdiction of this court and the plaintiff is the KVIP trust and they filed this suit to declare the note order of the District Collector issued for demolition of structures as illegal and further plaintiff sought damages for illegal demolition of structures furthermore this suit is not pertaining to the activities of the trust and the subject matter of the suit is demolition of structure and ownership of the suit schedule property as both reliefs are civil in nature hence this court has jurisdiction both pecuniary and territorial jurisdictionthis matter.
Issue No.2:The plaintiff claiming the ownership over the suit schedule property hence suit is valued under APCF & SV Act and suit schedule property consisting of two sheds and each valued
Rs.55,000/- totally with Rs.1,00,000/- and which the court fee is paid as per 24-(d) Rs.3,526/- and damages estimated to Rs.16,56,000/- and court fee of Rs.18,980/- is paid U/Sec.20 APCF & SV Act the petitioner paid the court fee for each distinct prayer hence court fee paid by the plaintiff is sufficient. Hence issue no.1 and 2 are answered accordingly.
The remaining issues No.3 to 7 and 9 are related to each other and discussed together for brevity for conveyance.
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OS No. 291 of 200927Dt.23.04.2024.
The plaintiffs are registered trust established under trust deed in the year 1954 to promote Khadi and allied products and they are claiming the ownership of the suit schedule land basing on the two registered sale deed and one gift deed pertaining to the year 1954. It is also an admitted fact that in the above documents the survey number was not mentioned but that property identified with fixed four corner boundaries only and the Assistant Director Survey and survey and land records conducted survey and fixed the boundaries as such the identification of the property is not disputed and the real controversy is that the land in Sy.No.49 is not patta land and the plaintiffs constructed sheds in sy.no.67 and also let out the said premises to third parties for storage of cool drinks. As per the revenue records i.e. Kasara pahani pertaining to the year 1954 the land is classified as Shigam local fund which means land allotted to
Municipality but the plaintiffs are claiming that it is a private patta land and where as the Government is claiming that it is Government land and on careful perusal of the documents the sale deeds are registered in the year 1954 and the plaintiffs are in continuous possession and enjoyment of the suit schedule property. Furthermore the Government itself acquired some extent of land for construction of swimming pool in sy.no.49 by following due procedure and recognized the plaintiffs are in possession of the suit schedule land. Further the
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Municipal Commissioner also admitted that the land in sy.no.49 is not belongs to Municipality so we can safely presume that the land is not belongs to Municipality. Now the first and foremost issue before this court is that the Palamoor Cheruvula Parirakshana Samiti filed the writ petition before the Hon’ble High court for the protection of Pedda
Cheruvu Covered under Ac.96.11gts in Sy.no.67 and as per the directions of the hon’ble high court the then hon’ble District Judge inspected the said pedda cheruvu and other water bodies in
Mahabubnagar and submitted the detailed report stating that there are encroachment in sy.no.67 as discussed supra and it is also admitted fact that till today the government had not taken any steps against the encroachment made by the persons but the Municipal
Commissioner who is examined as DW2 stated that now the ring road was formed around the Pedda Cheruvu in sy.no.67 and Sy.No.49 hence there is no question of inundation but there is no clarity that the suit schedule land is also covered under ring road or not. Further it is also an admitted fact that the plaintiffs constructed sheds and let out the said premises to storage of cool drinks but the trust is established for the purpose of development of Khadi and allied products it appears that the trust authorities let out the shed for storage of cool drinks is certainly against to the ideals of the founders of the trust and there is no justification on the part of plaintiffs but
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OS No. 291 of 200929Dt.23.04.2024.
letting out the shed to the third parties did not take away the long possession and ownership of the plaintiffs furthermore the plaintiffs are claiming the property basing on the registered title deeds and there is no record produced before this court from the registration office that the land is Government land and prohibited for registration.
If the land is Government land then there must be restrictions on registrations but the defendants who are the custodians of the public documents simply stated that the land is Shigam local fund but not produced any substantive evidence to prove that the suit schedule property is Government land. Further the defendants stated that there is imperative need to protect the tank bed land of pedda
Cheruvu hence they demolished the sheds by stating that the plaintiff let out the shed to manufacturing and storage of the cool drinks which are hazardous to public health hence they demolish the sheds situated in sy.no.67. but on the careful perusal of the evidence of the plaintiffs and defendants it is an admitted fact that the sy.no.49 and sy.no.67 are abutting to each other and as per the report of Chief
Engineer whenever there is full tank level in sy.no.49 and 67 there is chance of stagnation of water in sy.no.49, but there is no iota of evidence placed by the defendants to show that the water stagnated in sy.no.49.
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The present suit is filed by the plaintiffs to declare the note order of the District Collector Mahabubnagar Dt. 11.02.2009 in the file no. G/ 1940/06 against the plaintiff in respect of the property owned by the plaintiff in survey No.49 is void and illegal. On careful perusal of the note file the District Collector Mahabubnagar it is clearly mentioned that on 11.02.2009 he along with Revenue
Divisional Officer Tahsildar Mahabubnagar and Mandal Surveyor
Mahabubnagar and Executive Engineer IB inspected the Pedda
Cheruvu and noticed that the KVIPP trust has erected structures in land bearing sy.no.49 which is classified as Shikam land. Further it clearly mentioned about the cancellation of exchange of land in sy.no.49 and Ac.0.25gts for construction of swimming pool and
Hon’ble high court in writ petition no.23915/2001 dt.14.02.2005 has
held that no part of the land in sy.no.67 shall be issued or utilized for any purpose other than water tank purpose and shall be retained as
Pedda Cheruvu tank. The Hon’ble High Court in writ petition no.4240/2007 dt.16.03.2007 as directed to demarcate the land and to fix the boundaries of sy.no.49 which is adjacent to sy.no.67 and accordingly survey has been conducted and fixed the boundaries. In accordance with the direction of Hon’ble High Court in writ petition no.2493/2006 the District and Sessions Judge Mahabubnagar inspected the water bodies and submit a detail report where in it was
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mentioned in an extent of Ac.6.09gts of is under encroachment of against the total extent of Ac96.11gts thus the Hon’ble High Court directed to file action taken report on the finding of the District and
Sessions Judge, Mahabubnagar and as per the report of Mandal
Surveyor the structure raised by KVIP are falling within the boundaries of Sy.no.49 tank bed patta land as opined by the irrigation authorities when water is received to full tank bed in pedda cheruvu water will spread into and stagnate even in sy.no.49 also. The sy.no.49 is a patta land and it is classified as shigam and included in submergence of pedda Cheruvu thus in view of the hon’ble high court there is imperative need to keep the submergence area of tank intact to maintain water bodies. Further in the circumstances the land can be used for agricultural purposes when the water is not at full tank level but there shall not be any permanent structure which will cause obstruction for stagnation of water and spoil water bodies.
Further noticed that contaminated drinks hazardous to public health are being produced are established in the premises of structures raised by KVIP Mahabubnagar and being used as godown.
Further mentioned that to comply the directions of the Hon’ble High
Court in writ petition no. 2493/2006 dt. 31.08.2007 the plaintiffs are directed to remove the machinery, material and fixtures in the said structures and vacate the premises within three days consequently
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the Commissioner Municipality shall demolish the structure immediately on vacation of premises by the KVIP and shall submit the compliance report.
As per the orders of Hon'ble High Court the boundaries are fixed for sy.no.49 and which is situated adjacent to sy.no67 and the pedda cheruvu is situated in sy.no.67 with total extent of land Ac.96.11gts and hon’ble District Judge submitted report that Ac.6.00 of land in out of Ac.96.11gts is under encroachment and there are residential houses but the Municipal Authorities did not take action against that encroachment made in sy.no.67 whereas they demolished the structures situated in sy.no.49 which is adjacent to Sy.no.67. By stating that the contamination of water is dangerous to the public health and the land in sy.no.49 is used only for Agricultural purpose whereas the plaintiffs are letting out the premises to the third parties is not acceptable as it is against the ideals of the very establishment of trust furthermore claiming damages for demolition of the structures but using that premises for other purposes is not encouragable and there is no details about the machinery and license of the said establishment in such circumstances this court is not inclined to decide the worth of the damages basing on the report of the retired
Asst. Engineer who is not competent person to do estimations. But considered the overall facts and circumstances plaintiffs established
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their continuous peaceful possession and enjoyment over the suit schedule property hence it is just and necessary to protect the interest of Khadi village industries development which is established to promote Khadi products and the said premises shall be used for environmental friendly activities and related to Agricultural purposes to maintain the water bodies which are very adjacent to the suit schedule property and the prime contention of the plaintiffs for filing to this suit is declare note file of the District Collector be illegal.
Basing on the substantive evidence it is an admitted fact that the plaintiffs let out the shed to third parties for storage of cool drinks and they contended that they are not hazardous to public health. But during pending this suit the defendants demolished the said structures and removed all the machinery from the suit schedule property to this effect there is no panchanama and plaintiff contended that defendants did not prepare any inventory and also not filed any
FSL report but to take judicial notice that the very object of the KVIP trust is promotion of Khadi manufacturing only but storage of cool drinks in the same premises is not allied produced to the Khadi products. Furthermore the defendants issued notice to the plaintiffs to vacate that premises. But the plaintiffs did not submit any compliance report to the District Collector hence prima facie appears that the defendants removed the structures as per the procedure, after
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giving notice to the plaintiff. In view of the above discussion and considering all facts and documentary evidence the plaintiff established their continuous possession from 1954 till today by producing registered sale deeds furthermore there is no prohibition from registration office with regard to the execution of the registered sale deed pertaining to suit schedule property as such plaintiff producing the registered sale deed and gift deed as documentary evidence and established their continuous possession since 1954 till the date of filing of the suit. Thus the plaintiff established their ownership on suit schedule property.
In the result, this suit is partially decreed by declaring the note order of the District Collector Mahabubnagar Dt:11-02-2009 in file no.G/1940/06 as void and illegal.
Here by restraining the defendants, their agents, servants, workmen and their men, from interfering with the possession of the plaintiff over the suit schedule property.
Accordingly the issue no.1 to 7 is answered in favour of the plaintiff and issue no.9 as hereby dismissed. Both parties bare their own costs.
Dictated to Stenographer, transcribed by her, corrected and pronounced by me in open court
on this the 23rd day of April, 2024.
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Prl. Senior Civil Judge FAC Addl. Senior Civil Judge Mahabubnagar.
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APPENDIX OF EVIDENCE
Witnesses examined
Plaintiffs:
PW1P.Vinayaka Rao PW2Mohd. Waheed Ali PW3P.Pramood Kumar
Defendants:
DW1K.Anil Kumar DW2D.Pradeep Kumar
Exhibits marked
Plaintiffs: All the following exhibits Ex.A1 to Ex.A16 aregot marked bythe appointed Asst. Government Pleader has subject to objection by AGP.
Ex.A1Original registered sale deed bearing no.659/1958.
Ex.A2Original Regd. Doct.No.1645/1963 06th July, 1963
Ex.A3Registered gift deed bearing 06th June, 1963 document No1646/1963 Ex.A4Original Regd. Trust Deed, dated: 08th July, 1954
Ex.A5Amended original trust deed, dt: 1st Sep, 1956
Ex.A6C.C. of Khasara pahani for the year 1954-55
Ex.A7Original note addressed by the District Collector to the presi- dent, Khadi & Village Industries Development trust, Mahabub- nagar in procgs. No.B/1940/2006, dt: 11-02-2009 Ex.A8Original letter addressed by MRO., Mahabubnagar to the RDO Mahabubnagar, Dt: 20.08.2003 along with sketch map. Ex.A9The original sketch map showing the municipal sanction for construction of Khadi & Village industries for had made paper unit shed in the premises bearing No.1-5-74 to 1-7-77 situ- ated at Mahabubnagar, dt: 01-07-1995. Ex.A10Certified copy of panchanama and location sketch map of pro- posed site for swimming pool exchange from the petitioners sy.no.49 Ex.A11 Original letter dt: 08-06-2004 along with sketch map of suit sy.no.49 addressed from the RDO., Mahabubnagar to the dis- trict collector Mahabubnagar.
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Ex.A12Original Rc.No.A5/455/07 dt: 29.06.2007 along with pan- chanama and tonch map of suitsurvey number addressed from the office of Asst., Director (S & LR's) Mahabubnagar to the Hon'ble high court of AP, Hyderabad. Ex.A13The original letter Dt: 23-11-2004 addressed by the District Sports Development officer cum Secretary to the Secretary Khadi & Village Development Trust. Ex.A17The detailed estimation prepared by PW2 which bears signa- ture and seal. Ex.A18is the order copy Dt: 21.06.2022 in writ petition no.21595/2006. Note:Ex.A14, Ex.A15 and Ex.A16 are not got marked by the plaintiff but the documents are available on record. Defendants:
Ex.B-1is copy of order in WP No.23915/2001, dt.14.02.2005
Ex.B-2is certified copy of survey report of Asst. Director of (S & LR).
Sd/-
Prl. Senior Civil Judge, Mahabubnagar. FAC Addl. Senior Civil Judge, Mahabubnagar.
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