IRGNWA

About US

Ilapur Rajagopal Nagar Welfare Association

BRIEF HISTORY:-

Originally ilapur village belonged to H. H. Nizam-Hyderabad. It was a part of Kistareddypet Grampanchayat. These lands were called as SARFEKHAS that was private property of H. H. Nizam.

In 1902 Kaulnama was granted to Sri. Imam Ali by the authorities representing the private property of H.H. Nizam.

On 12-10-1934 Sri. Imam Ali sold the property of ilapur to Sri. MD. Mustafa Hussain. After the demise of Sri. Imam Ali his wife complained to the minister and filed an appeal on 14-04-1939 to Moaziz committee which passed an order on 16-12-1940 assigning the land to Sri. Mustafa Hussain since he paid substantial amount to Late Imam Ali. In 1941 Tahasildar made an endorsement on the application of the wife of Late. Imam Ali that Moaziz committee has ordered treating Sri. Mustafa Hussain as pattadars. Subsequently Sri. Mustafa Hussain’s name was entered in the revenue records for 1263 Acres of ilapaur Village.

In 1958 Sri. Mustafa Hussain Died. His legal heirs applied for mutation. On 17-04-1965 the Additional Collector, Medak District noted that Moaziz Committees orders are final. Thereafter counter claims were made by Late. Imam Ali’s legal heirs. The legal dispute between the parties was taken up in the Court of Addl District Judge, Medak in OS No. 3 of 1970. It lead to a compromise decree that was passed on 20- 06-1979. Based on this the Joint Collector, Medak passed proceedings No. A4/7858/8 on 19-05-1982 directing the Tahasildar to implement the Judgment and the Decree incorporating the names of the legal heirs of both Late. Imam Ali and Late. Mustafa Hussain in the records as pattadars with the respective shares of the land declared.

Also the Asst Commissioner of Survey and land revenue in his report Dt. 16-06-1981 opined that even if the lands remained as SARFEKHAS lands at the time of merger in 1948 the rights of the Government must be taken as extinguished by adverse possession with others.

Managing partner of M/s. Bhagyasri Housing Corporation Late. P. R. Chowdary purchased a part of this land in ilapur Village through Agreement of Sale from messers RAJA GOPAL RAJU, BALRAMA RAJU and others who were holding GPA from the original owners.

From 1983 onwards several individuals purchased the plots of different sizes in the layout from Bhagyasri Housing Corporation with the registration of the Sale Deeds made through GPA Holders messers BALRAMA RAJU & E. R. K. RAJU and others.

Thereafter the encroachers have removed the demarcation stones at our site and started red brick making units and also selling gravel by truck loads by digging our site. The plot owners who so ever visited the site were threatened and chased away by the land grabbers.

To protect the plots in the layout, majority of the plot purchasers formed themselves in to RAJAGOPALA NAGAR PLOT PURCHASERS WELFARE ASSOCIATION which was formed in 1989 with registered No. 2209/1989.

On 16-8-92 to safe guard the plots the purchasers have formed an ADHOCK committee, took control of the layout through representations through the Revenue Minister, District Collector, Director of mines and the Superendent of Police with an injunction order from the Court. This has helped in evacuating the unlawful elements from the site. There after the land survey was conducted for our property.

On 13-09-1992 Association General Body Meeting was conducted at our site and the Executive Committee was elected for strengthening the functioning body to meet the challenges more effectively at the site.

The District Collector under instructions from the Govt on 23-08-1992 issued notices to us along with other claimants and summoned all for magisterial enquiries in the Collectorate periodically. On hearing our arguments through our advocate the collector issued proceedings on 22-06-1994 (after a lapse of 12 years reversing the earlier proceedings of 1982) declaring that the entire land belongs to Government and to that effect issued instructions to MRO to rewrite the RECORDS OF RIGHTS deleting pattadars names that were entered into as per the decree of OS 3/1970 setting aside the earlier proceedings of 19-05-1982 exceeding his jurisdiction limit as pronounced by Hon’ble High Court.

We have challenged the Collector’s proceedings of 1994 before the Hon’ble High Court in WP No. 17020/1994 and got orders on 09-12- 1997 setting aside the Collectors proceedings. Aggrieved by the same the government filed WA No. 1504 & 1572 of 1997 and 10 of 1998 which again the Division bench of the Hon’ble High Court disposed of by a common order Dt. 04-07-2003. Further the division bench confirmed the order of the single Judge while leaving it open to the collector to enquire into and establish if any fraud is committed in the earlier proceedings.

The collector without proving and establishing any fraud passed proceedings independently on 11-03-2005 and went ahead with the earlier stand, holding that the entire land of ilapur village belongs to the Government which is beyond his jurisdiction.

This was challenged by the association in the Hon’ble High Court in WP No. 9510/2005 and the arguments were in progress.

In the meantime Government issued GO. MS No. 166, Dt. 16-02- 2008 for regularization of lands with valid documents and those in possession of the Government lands.

Since the majority of the members are vexed with the prolonged litigations faced for over 3 decades came forward to opt for land regularization and Developmental works by paying the worked out amounts that were decided. Executive Committee of the Association has resolved to avail the facility of Land regularization through GO MS No. 166 of 2008 based on the requests received from most of the members.

Fortunately the single Judge of the Hon’ble High Court also disposed of a batch of Writ Petitions including WP No. 9510/2005 on 18-10-2012 in our favour once again setting aside the JC’s proceedings stating that JC miserably failed in establishing the fraud. After the judgment we have performed BHOOMI POOJA on 20/02/2013 at our site in presence of more than 1000 members of our association and built a site office room while erecting our Association name boards at vantage points in our layout site.

Later on Government preferred an appeal through WA No. 116/2013 against the order in WP No. 9510/2005 which stands posted for hearing in the Hon’ble High Court before Hon’ble bench. Governments appeal came in the way of our balance Development work getting completed at our site.

When we look in to the various events that took place and the Judgments that were pronounced one after another in our favour it is evident that the plots purchased by the members undoubtedly belong to them only.

To avoid further loss of valuable time on litigation, the Executive Committee has been keen on making a Humble and Honest representation to the Hon’ble Chief Minister of Telangana State for his sympathetic consideration to put an end to the litigation between the Government and the plot purchasers to ensure peaceful possession of their respective plots.

Simultaneously, the legal process is being pursued by the Punjagutta Association and several others who have been impleaded. The honourable High Court has listed case number 116/2013 for final hearing.

It is evident that cases are being listed for final hearing more frequently, and the honourable Chief Justice, along with other senior judges, has postponed the case again to October 28, 2024, to accommodate the Advocate General’s repeated requests for another date. There may be a few adjournments; however, we are very confident that sooner or later we will receive favourable judgments confirming that the layout belongs to the plot owners.

Based on the strength of our case and the final arguments presented by our counsel, we are certain that we will receive a judgment in our favour. After that, we will need to act quickly to possess our property, depending on the situation that may develop on the ground, and our long wait and struggle will bear fruit.

With best wishes to all concerned

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