Lothukunta land dispute: High Court tells Telangana government to file civil suit
Hyderabad: The Telangana High Court on Friday directed the government to approach the civil court and file a civil suit for claiming title and possession of 40-acre parcel of land in Survey No.s 1 and 2 of Lothkunta of Malkajgiri mandal.
A division bench comprising Chief Justice Hima Kohli and Justice B. Vijaysen Reddy was dealing with an appeal filed by the government which had challenged the orders issued by a single judge bench of the High Court. The single judge had concluded that the land was in the patta category and its possession has to be given to Shanta Sriram Constructions Pvt Ltd immediately. The single judge directed the government to pay costs of `1 lakh to the construction company.
The division bench suspended the order giving possession to the construction firm for four weeks.
The bench made it clear that protection granted to the government should not be construed as an observation on the merits of the suit that the appellants propose to institute. The division bench said that the trial court shall be at liberty to pass appropriate orders on the stay application that may be filed by the state government along with plaint, uninfluenced by the order passed by it.
In 2016, Shanta Sriram Constructions had approached the High Court challenging the orders issued by revenue courts that the documents placed by the private parties claiming the land was registered in their name in 1955, were fabricated.
Shanta Sriram’s submission was that there are only two survey numbers in the Lothkunta village revenue records, which consists of around 59 acres. Its claim was that the land belongs to Lateefunnisa Begum, that she had sold the land to Seth Kishanram Gowli under a registered sale deed in 1955 and that the purchaser’s name was mutated in revenue record as pattedar and possessor.
After that a portion of the 5 acres and 10 gunta of that land was acquired under the Land Acquisition Act, 1894 and an award was passed in 1985 in favour of Seth Kishanram Gowli. The company also contended that a small extent of land was acquired by the Hyderabad Metropolitan Water Supply and Sewerage Board and an award was passed in favour of Seth Kishanram, according to the construction firm.
His legal heirs made an agreement to develop the land with Shanta Sriram Constructions, the firm said. The Secunderabad Cantonment Board sanctioned a layout on 04.07.2008 for 40 acres and that they had paid `53.25 lakh towards development charges, the firm said. In 2013, the tahsildar of Trimulgherry mandal issued notice alleging that Shantha Sriram had encroached on 40 acres of government land falling under GLR Sy.No.243.
