Trial court had ordered Major General and Defence Estate Officer be sent to civil prison for two months for their wilful disobedience and violation of the decree

ribune News Service

New Delhi, March 18

The Supreme Court on Thursday stayed Telangana court’s order to send a Major General of Indian Army and Defence Estate Officer to two-month civil prison in connection with execution proceedings in a land dispute.

“We stay the entire order passed in execution proceedings,” said a Bench headed by Chief Justice of India SA Bobde after Solicitor General Tushar Mehta submitted that urgent invention was needed in view of the fact that the Telangana High Court had refused to stay the order.

The Central government had moved a court in Telangana claiming ownership of land alleged to have been encroached by one Veera Raghav Reddy.

The Centre contended that the land in question was under military occupation and was used for parade and as a training ground. It alleged that Reddy upon encroached 9-acre land.

However, Reddy had claimed that his family had been in continuous, open and adverse possession for over 160 years and the rights alleged to have been acquired by the other party had become completely extinguished by the lapse of time.

A civil court in Secunderabad had dismissed the suit. While an appeal was pending before the Telangana High Court, the defendant sold more than 5 acres of disputed land.

The trial court decreed a counter petition in favour of the legal heirs of the original defendant and restrained the Central government from interfering with the peaceful possession of the land by the heirs of original defendant.

In execution proceedings, the trial court ordered the Major General of Indian Army and Defence Estate Officer be sent to civil prison for two months for their wilful disobedience and violation of the decree.

The Centre moved the top court as the High Court refused to stay the order.