Hyderabad: The Telangana Supreme Court on Friday ordered the government to go to the civil court and file a civil lawsuit demanding ownership and possession of a 40-acre property in Lothkunta’s No. 1 and 2 surveys of the Malkajgiri Mandal.
A division bank made up of Chief Justice Hima Kohli and Justice B. Vijaysen Reddy was handling a government appeal that challenged the orders of a single judge in the High Court. The single judge had concluded that the land fell into the Patta category and his property was immediately transferred to Shanta Sriram Constructions Pvt Ltd. must be handed over. The single judge ordered the government to pay the construction company 1 lakh costs.
The divisional bank suspended the property decision to the construction company for four weeks.
The bank made it clear that the protection granted to the government should not be construed as an observation as to the merits of the lawsuit that the applicants seek to initiate. The chamber announced that the court of first instance is free to issue appropriate orders on the suspension request submitted by the state government together with the lawsuit, regardless of the order it has issued.
In 2016, Shanta Sriram Constructions appealed to the High Court to challenge orders by the tax courts that documents filed by private parties claiming the land had been registered in their name in 1955 were forged.
Shanta Sriram’s testimony was that there are only two census figures in the income of the village of Lothkunta, which is about 59 acres. She claimed that the land belonged to Lateefunnisa Begum, that she had sold the land to Seth Kishanram Gowli in 1955 under a registered deed and that the buyer’s name had mutated in the income as Pattedar and owner.
Thereafter, a portion of the 5 acres and 10 gunta of that land was acquired under the Land Acquisition Act of 1894 and an award was made in 1985 in favor of Seth Kishanram Gowli. The company also claimed that a small portion of the land was acquired by the Hyderabad Metropolitan Water Supply and Sewerage Board and an award was given in favor of Seth Kishanram, according to the construction company.
Its legal heirs have reached an agreement with Shanta Sriram Constructions to develop the land, the company said. The Secunderabad Cantonment Board approved a facility for 40 acres on July 4th, 2008 and that it had paid 53.25 lakh in development fees, the company announced. In 2013, the Trimulgherry Tahsildar issued a notice alleging that Shantha Sriram had invaded 40 hectares of government land under GLR Sy.No.243.