Telangana High Court
R. Murali Krishna vs Government Of Andhra Pradesh on 15 December, 2023
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.16890 of 2009
ORDER:
This writ petition is filed seeking the following relief:
" ... to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the inaction of the 2nd Respondent in considering the approval of the Petitioners Applications vide Application Form bearing Nos.136129, 136121 & 40769 acknowledged by the 3rd Respondent on 30.9.2008, 30.9.2008 and 27.8.2008 respectively, submitted for regularization in relation to Sy.No.5/3, Raidurg Pan Maqtha Village, Serilingampally Mandal & Municipality, R.R. District, even after the recommendation made by the 3rd Respondent vide Certificate Lr.No.B/166/2008 Dt.24.6.2009, and the Report submitted by the High Level Survey Technical Committee vide Report Rc.No.N1/DOS/SPI/03, Dt.18.6.2003 as illegal and arbitrary... ..."
2. Heard Sri L.Ravinder, learned counsel, representing, Sri C.Raghu, learned counsel for the petitioners, and learned Assistant Government for Revenue (Assignment) appearing for the respondents.
3. Learned counsel for the petitioners submits that petitioner No.1 had purchased an extent of 611 sq. yards in Plot No.324, petitioner No.2 had purchased an extent of 501 sq. yards in Plot No.325 and petitioner No.3 had purchased an extent of 594 sq. yards in Plot No.235 in Sy.No.5/3, Nandhi Hills of Raidurg Pan Maqtha Village, Serilingamapply Mandal and Municipality, Ranga Reddy District, through registered sale deeds dated 30.09.2008, 30.09.2008 and 01.04.2004 respectively, and 2 since then they have been in possession and enjoyment of the said property. The petitioners paying property tax and constructed small watchman rooms and the municipal authorities also assigned Municipal numbers in their favour. He further submits that respondent No.1 Government had issued G.O.Ms.No.166 Revenue (Assignments POT) Department dated 16.02.2008 contemplating conditions for regulations of Government land in occupation of private parties. Pursuant to the said G.O., the petitioners have made applications bearing Nos.136129, 136121 and 40769 to respondent No.3 on 30.09.2008, 30.09.2008 and 27.08.2008 respectively requesting them to regularize their properties in terms of G.O.Ms.No.166 dated 16.02.2008 and by duly taking into consideration the recommendations made by respondent No.3 vide Certificate Lr.No.B/166/2008, dated 24.06.2009 and also as per the report submitted by the High Level Survey Technical Committee vide RC.No.N1/DOS/Spl/03 dated 18.06.2003. In spite of the same, the respondents have not taken any decision. At this stage, the petitioners have approached this Court and filed the present writ petition.
4. From perusal of the record, it reveals that while admitting the writ petition on 17.08.2009, this Court granted interim direction in W.P.M.P.No.22174 of 2009 and the same is continuing. But, till date, the respondents have not filed counter.
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5. Learned Assistant Government Pleader submits that respondent No.2 may be directed to consider the applications submitted by the petitioners by granting reasonable time.
6. In view of the said submission, without going into the merits of the case, respondent No.2 is directed to consider the applications submitted by the petitioners dated 30.09.2008 and 27.08.2008 and pass appropriate orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order, if not already passed orders pursuant to the interim order granted by this Court dated 17.08.2009 in W.P.M.P.No.22174 of 2009.
7. With the above directions, the writ petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
______________________ J. SREENIVAS RAO, J Date: 15.12.2023 mar