Telangana High Court
C.S.I. Logistics Private Limited vs The State Of Telangana, And 3 Others on 2 March, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION Nos.24418 & 24420 of 2020
Date:02.03.2021
W.P.No.24418 of 2020 :
Between:
C.S.I. Logistics Private Limited,
Rep., by its CEO,
Sri Anand KR Maloo,
S/o.Sri Kishan Gopal Maloo,
Aged about 49 yrs,
R/o.Flat No.203, SRS Spellbound,
Road No.10, Banjara Hills,
Hyderabad 500 034
.....Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
Department of Revenue,
T.S.Secretariat, Hyderabad & others.
.....Respondents
W.P.No.24420 of 2020 :
Between:
C.I.L Industries Limited,
A company having its registered office at
Raghav Ratna Towers, Chirag Ali,
Abids, Hyderabad-500 001,
Rep., by its Director,
Krishna Kumar Maheshwari,
S/o.Ramakrishna. Maheshwari,
Aged about 60 yrs, R/o.10-4-1/1a,
Behind Chacha Nehru Park,
Lower Masab Tank,
Hyderabad 500 028
.....Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
Department of Revenue,
T.S.Secretariat, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION Nos.24418 & 24420 of 2020
COMMON ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents.
2. Petitioners claim that they have purchased 626 Sq yards respectively in Plot No.289 and 290, Sy.No.5/3, Nandi Hills, Raidurg Pan Maqtha Village, Serilingampally Mandal, Ranga Reddy District, by way of registered sale deeds dated 08.02.2008 from Smt.Ayesha Farzana Khanam and others. Subsequently, Rectification Deed was also registered on 24.03.2008. Petitioners claim to be in possession and enjoyment of the said extent of land. However, Government is claiming the same as Government land and it is not permitting the petitioners to enjoy the said extent of land, even though it was purchased by paying valid sale consideration and are in possession and enjoyment of the same. However, a scheme was formulated by the Government vide G.O.Ms.No.166 Revenue (Assn.I) Department dated 16.02.2008 to regularize the unauthorized occupation of Government land. Taking advantage of the scheme formulated by the Government and in order to effectively enjoy the property claimed to have been owned by the petitioners, they submitted Applications bearing Nos.179APL3007220060 and 179APL3007220059 to regularize the plots mentioned above. Later, the said G.O., was withdrawn by the Government. However, the applications which were made when the G.O.Ms.No.166 was in force are directed to be processed strictly in -3- accordance with the guidelines formulated, vide G.O.Ms.No.179 Revenue (ASSN.I) Department dated 01.09.2018.
3. According to learned counsel for the petitioners, as per the orders of the Government in G.O.Ms.No.179 dated 01.09.2018, the entire process of consideration of applications for regularization should be completed by 31.01.2019, but sofar the same is not completed.
4. On instructions, learned Assistant Government Pleader submits that the total extent of land in Sy.No.5 of Raidurg Pan Maqtha Village is Ac.153.02 guntas classified as poromboke. From out of this extent, land to an extent of Ac.142.01 guntas is the subject matter of two LGC cases i.e., LGC.Nos.177 of 1996 and 13 of 2004 and because of pendency of said cases, the applications filed for regularization are not processed sofar.
5. However, it is fairly submitted by learned Assistant Government Pleader that no reply is furnished to the petitioners in response to the applications filed by them by placing reliance on the scheme formulated vide G.O.Ms.No.166 dated 16.02.2008 and the applications are kept pending.
6. Unless a decision is made and communicated to the petitioners, it is not possible for them to work out their remedies as available in law. The authority having received the applications for regularization is required to consider the applications within the fixed time frame and communicate the decision, more particularly, having regard to the time fixed by the Government in G.O.Ms.No.179. The authority can not keep quiet without -4- informing his decision, if decision is already taken or to take decision and communicate the same to the petitioners.
7. Having regard to the above, the Writ Petitions are disposed of directing the respondents 2 and 4 to process the Applications bearing Nos. 179APL3007220060 and 179APL3007220059 submitted by the petitioners to regularize Plot Nos.289 and 290 respectively admeasuring 626 Square yards respectively in Sy.No.5/3, Nandi Hills, Raidurg Pan Maqtha Village, Serilingampally Mandal, Ranga Reddy District and communicate the decision to the petitioners within a period of six weeks from the date of receipt of copy of this order. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 2nd March, 2021 Rds -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.24418 & 24420 of 2020 Date:02.03.2021 -6- Rds