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3. The second batch of cases i.e, W.P.Nos.12382, 20090, 20230, 24487 of 2020; 17745, 24898 of 2021; 46173, 46210, 46269 of 2022; 1963, 2057 and 2070 of 2023 are filed challenging the releasing of layout in LP 42/78, dated 06.06.2014 for the lands situated in Sy.Nos.474/A and 476/B situated at Garmilla Village, Mancherial.

4. The brief facts that are necessary for disposal of these writ petitions are stated as under:

5. The case of the petitioners in W.P.No.28215 of 2023 and batch (first batch of writ petitions) is that they have purchased various extents of plots from Umar Miya Colony House Building Society (hereinafter called as "Society") under various registered sale deeds and their vendor-Society, which is registered vide Regd.No.TM 406, in turn purchased the property from pattedar S.A. Hameed, whose name is recorded as Pattedar in the revenue records for the lands admeasuring Ac.12.21 guntas in Sy.Nos.474/A and 476/B, situated at Garmilla Village, Mancherial Mandal, Adilabad District. The further case of the petitioners is that the pattedar has applied for a layout plan for the above said land and thereafter, divided the same into 86 plots including roads, open spaces etc,. The layout submitted by the original Pattedar S.A.Hameed was approved by the Director of Town and Country Planning, Hyderabad, (hereinafter referred as "DTCP") vide proceedings dated 21.10.1978 subject to payment of conversion fee and security deposit as required under Sections 184 and 185 of Municipalities Act. The case of the petitioners is that said Pattedar failed to remit the revenue arrears and for realization of the arrears, the said lands were auctioned. In the auction conducted by the revenue authorities, the Society and three others have purchased the said property. The Revenue Divisional Officer, Nirmal vide proceedings dated 12.03.1979, confirmed the auction conducted for the said property. It is also case of the petitioners that when the title and possession of the Society has been disputed by the protected tenants, the Society was constrained to file a civil suit vide O.S.No.165 of 1981 on the file of the Junior Civil Judge, Luxettipet, seeking injunction and the same was decreed in favour of the Society vide judgment and decree dated 29.01.1983. It is further case of the petitioners that the protected tenants surrendered their tenancy rights orally and delivered possession of the lands to the pattedar S.A.Hameed. It is alleged by the petitioners that they have purchased the plots of various extents in the layout approved by DTCP, vide layout in LP No.42/78. It is their further case that Society has submitted a representation to the Municipal Commissioner, for depositing the requisite fee and development charges for release of the layout. The Municipal Commissioner vide letter dated 27.05.2006 sought clarification from the DTCP for receiving the amounts from the Society for releasing the layout in favour of the Members of the Society as well as other purchasers. The DTCP, vide proceedings dated 12.03.2007 directed the Municipal Commissioner to submit fresh proposal for change of land use subject to the condition that no development shall be allowed till the Government issued confirmation orders. It is further case of the petitioners that the Society has submitted a letter dated 09.10.2007 requesting the Commissioner, Mancherial Municipality, to permit for payment of conversion fee and security deposit and to submit fresh proposal for change of land use and also made a representation to the Tahsildar, for mutating the names of the petitioners/plot owners in the revenue records. The Tahsildar vide proceedings No.MRI-I/2007 dated 09.12.2008 directed the Village Revenue Officer, Garmilla, to mutate the names of plots owners in the revenue records. When the names of the petitioners were not incorporated in the revenue records, the Society filed W.P.No.23402 of 2014 on the file of this Court seeking implementation of the Memo No.MRI-I/2007 dated 09.12.2008 issued by the Tahsildar. It is their further case that in implementation of the interim directions, the names of the Society and the petitioners were incorporated in the revenue records. It is also their case that pending consideration of their applications for Building Permission, the Society filed W.P.No.7315/2008 seeking to direct the Commissioner, Mancherial Municipality to accept the conversion fee and not to dispossess the members of the Society from the lands in Sy.Nos.474/A and 476/B of Garmilla Village. This said Writ Petition was disposed of vide order dated 14.10.2008 directing the Commissioner, Mancherial Municipality, to submit fresh proposal to the DTCP, subject to the Society paying all the necessary fee, development and conversion charges etc,. The Commissioner, Mancherial Municipality, vide letter dated 26.11.2008 directed the Society to execute Registered Gift Deed in favour of the Municipality for handing over open spaces earmarked in the layout. Questioning the orders dated 14.10.2008 passed in W.P.No.7315 of 2008, Sd.Saleem claiming to be the son of original Pattedar has filed Writ Appeal No.44 of 2009 and the Hon'ble Division Bench of this Court disposed of the said appeal vide judgment dated 29.01.2009 confirming the orders of the learned Single Judge. The Society vide letter dated 15.11.2011 requested the Commissioner, Mancherial Municipality, to accept the conversion charges and send proposal to the DTCP for release of the layout. The Society filed another W.P.No.21824 of 2013 seeking a direction to the DTCP for release of the layout for the lands in Sy.Nos.474/A and 476/B of Garmilla Village. It is their further case that pending adjudication of the said writ petition, DTCP, has called for inspection report from the Regional Director, DTCP and the Regional Director, vide letter Roc.No.176/2012/WRO/W dated 21.10.2013 has submitted report. Basing on the said report, the DTCP vide letter Roc.No.1583/2012/W dated 06.01.2014 requested the Commissioner, Mancherial Municipality, to release the layout in LP No.42/78. It is further case of the petitioners that in compliance of the letter issued by the DTCP, the Commissioner, Mancherial Municipality vide Roc No.G1/33/2014 dated 06.06.2014 released the approved layout in LP No.42/78 for the lands in Sy.Nos.474/A and 476/B of Garmilla Village in favour of Society subject to the condition that the Society at their cost shall form the roads, keep open the places shown in the layout and complete other developmental activities and in the event of failure to provide minimum basic amenities, the development charges shall be collected from the plot owners who obtain building permission as per rules.

9. The Commissioner, Mancherial Municipality filed a consolidated counter affidavit in W.P.No.1963 of 2023 inter alia stating that as per the records available with the office of respondent No.4, originally S.A. Hameed, was the owner of lands admeasuring Ac.6-06 gts., and Ac.6-15 gts., in Sy.Nos.474/A and 476/B, situated at Garmilla Village, Mancherial and the said S.A. Hameed, became defaulter of forest arrears and for realization of arrears, the above lands were attached and put on sale by the authorities and since no purchaser came forward to purchase attached land, the said land was converted into residential layout so that the plots can be sold in public auction and the forest arrears defaulted by the said S.A.Hameed (Pattedar) would be recovered. The DTCP authorities approved the layout in the name of S.A. Hameed vide letter Dis.No.20836/78/D5 dated 21.10.1978 subject to collection of the conversion fee and security deposit as required under Sections 184 and 185 of AP Municipalities Act, 1965 and further requested to submit necessary proposal for the change of land use of the sanctioned master plan of Mancherial i.e., from agricultural use to residential use. It is submitted that the said layout vide L.P.No.42/78 was implemented and made as many as 86 house plots by leaving the roads and open spaces as per the approved layout. The residential plots in the above layout were sold by the revenue authorities i.e., the-then Revenue Divisional Officer vide proceedings No.E/459/79 dated 12.03.1979 by conducting public auction for recovery of forest arrears. It is submitted that since the layout approval was subject to the condition of paying of conversion fee and converting the subject land from agricultural zone to residential zone in the sanctioned master plan, the Commissioner, Mancherial Municipality sent a proposal for collection of conversion fee from the Members of the Society. The Society made a representation to the Commissioner, Mancherial Municipality to accord construction permission to the purchasers, who are willing to construct the houses and who are prepared to pay the layout and building charges as per rules and basing on the said representation, the-then municipal council passed a resolution dated 23.12.1985 to seek clarification from the Director of Town and Country Planning for collection of conversion charges and betterment charges. It is stated that since the Society expressed willingness to pay security deposit for release of layout vide LP No.42/78, the Commissioner, Mancherial Municipality addressed a letter vide Rc.No.497/P/77 dated 27.05.2006 to the DTCP seeking clarification for collection of charges. Pending consideration of the said issue, the Society filed Writ Petition No.7315 of 2008 and the same was disposed of by this Court directing the Commissioner, Mancherial Municipality to send fresh proposal to the DTCP subject to the society paying necessary fee. It is further stated that respondent No.5 in W.P.No.7315 of 2008 is none other than the son of the land owner S.A. Hameed, who preferred Writ Appeal No.44 of 2009 against the orders passed in WP No.7315 of 2008 and the same was disposed of confirming the orders passed by the learned Single Judge in W.P.No.7315 of 2008. The DTCP authorities after due examination of the proposals, considered and issued orders according necessary permission vide letter No.1583/2012 dated 06.01.2014 to release the layout plan No.42/1978 of Garmilla Village and accordingly the Municipal Council passed a resolution No.13 dated 05.06.2014 to release the layout plan 42/1978 as permitted by the DTCP and accordingly the impugned proceedings No.G1/33/2014 dated 06.06.2014 were issued releasing the layout vide LP No.42/1978. It is further submitted that impugned proceedings were issued in the year 2014 and W.P.No.12382 of 2020 and batch were filed in the year 2020 without explaining the delay and there is no illegality or irregularity in releasing the layout in LP No.42/78 and the same was pending only for seeking approval of conversion of land use and in fact tentative layout was already issued in the year 1978. Thereafter, plots made in the said layout were sold to various persons by way of public auction and now the land is no more agricultural land and various houses are constructed and at this length of time, the petitioners in W.P.No.12382 of 2020 and batch are disputing the title and sub-division of the land forming part of Sy.Nos.474 and 476 and questioning the layout approved for the subject land.

11. Sri Polisetti Radha Krishna, learned counsel appearing for the petitioners in W.P.No.28215 of 2023 and batch, strenuously contended that initially, in the revenue records, the lands admeasuring Ac.12-21gts in Sy.Nos.474/A and 476/B situated at Garmilla Village, Mancherial, were recorded in the name of S.A.Hameed as pattedar and a layout was obtained in the name of pattedar and the lands were converted into plots. For realization of Forest arrears from S.A.Hameed (pattedar), the lands were accounted for revenue and auction was conducted by the revenue authorities and in the said auction, four persons i.e, Iqbal Ahmed, Yousuf Ahmed, Azam Ali Khan and Jameel Ahmed, purchased the said lands. Since the tentative layout was not released, the auction purchasers who formed Umar Miya Society, had submitted a representation to the Commissioner, Mancherial Municipality, and acting on the said representation, the Commissioner, Mancherial Municipality, vide letter dated 27.5.2006 sought clarification from the Director of Town & Country Planning, Hyderabad (DTCP), whether to collect fees from the Members of the Society. The DTCP, vide proceedings dated 12.3.2007 directed the Commissioner, Mancherial Municipality, to submit fresh proposal for change of land use subject to the condition that no development shall be allowed till the Government issued Confirmation Orders. Thereafter, the Society filed WP No.7315/2008 on the file of this Court seeking to declare the action of the Commissioner, Mancherial Municipality, in not accepting the conversion fee from the members of the Society and also the action of the Mandal Revenue Officer, Mancherial, in trying to dispossess the members of the Society from the lands in Sy.Nos.474/A and 476/B of Garmilla Village, Mancherial, without issuing any notice, as illegal. The said writ petition was disposed of by this Court vide order dated 14.10.2008 directing the Commissioner, Mancherial Municipality, to send fresh proposal to the DTCP, subject to Society paying all the necessary fees, development and conversion charges etc. It is further contended that the alleged protected tenants who claimed the rights over the property filed Writ Petition Nos.20354 and 20775 of 2009 on the file of this Court and the same were dismissed vide order dated 19.11.2014. At present the members of Umar Miya Colony House Building Society, who purchased the plots from the auction purchasers are in peaceful possession and enjoyment of their respective plots. It is further submitted that petitioners in W.P.No.12382 of 2020 and batch are not having any right or title over the lands in Sy.Nos.474/A and 476/B and they have no locus to dispute the right and title of the petitioners in W.P.Nos.28215 of 2023 and batch (first batch) and therefore, prayed to allow the W.P.Nos.28215 of 2023 and batch (first batch) and dismiss the W.P.Nos.12382 of 2020 and batch (second batch) filed questioning release of layout in LP No.42/78 in favour of the Society and its members.

14. This Court has carefully considered the submissions of the learned counsel for the respective parties in these cases and also counter affidavits filed by the Commissioner, Mancherial Municipality and Revenue Divisional Officer, Mancherial and perused the record.

15. The lands in Sy.Nos.474/A and 476/B situated at Garmilla Village were classified as patta lands and recorded in the name of S.A. Hameed, as pattedar. The said Pattedar made the said lands into plots vide LP No.42/78. The S.A.Hameed became defaulter of forest arrears and the lands stood in his name were auctioned in public auction and purchased by four persons namely Iqbal Ahmed, Yousuf Ahmed, Azam Ali Khan, proprietor of Umar Miya Colony House Building Society ("Society") and Jameel Ahmed, and the same was confirmed by the Revenue Divisional Officer vide Proceedings No.E/459/79 dated 12.03.1979. The petitioners in W.P.No.28215 of 2023 and batch have purchased the plots from the Society. The layout LP No.42/78 in Sy.Nos.474/A and 476/B was approved by the DTCP, vide proceedings dated 21.10.1978 subject to payment of conversion fee and security deposit as required under Sections 184 and 185 of A.P. Municipalities Act, 1965. The DTCP, vide proceedings dated 12.3.2007 directed the Commissioner, Mancherial Municipality, to submit fresh proposal for change of land use. While the matter stood thus, Society submitted a representation dated 9.10.2007 to the Commissioner, Mancherial Municipality, requesting to permit for payment of conversion fee and security deposit and submit fresh proposal for change of land use. When the said request was not considered, the Society filed W.P.No.7315/2008 on the file of this Court. This Court vide order dated 14.10.2008 disposed of the said Writ Petition directing the Commissioner, Mancherial Municipality, to submit fresh proposal to DTCP, subject to the Society paying all the necessary fee, development and conversion charges etc. The Commissioner, Mancherial Municipality, vide letter dated 26.11.2008 directed the Society to execute Registered Gift Deed in favour of the Municipality by handing over physical possession to an extent of open space to enable them to send fresh proposal for conversion of land use. Meanwhile, the alleged protected tenants also filed Writ Petition Nos.20354 and 20775 of 2009 seeking to declare the action of respondents in trying to dispossess them from lands admeasuring Ac.8-20 gts in Sy.No.474 of Garmilla village, Mancherial, without recourse to law, as illegal. In the said Writ Petitions, this Court vide common order dated 19.11.2014 observed that the issues sought to be canvassed by the petitioners in W.P.Nos.20354 and 20775 of 2009 cannot be conveniently considered and decided under Article 226 of the Constitution of India and accordingly, dismissed the said writ petitions by leaving it open to the petitioners therein to work out the remedies available in law. The petitioner in W.P.No.12382 of 2020 who claims to be son of original Pattedar of S.A.Hameed has filed Writ Appeal No.44 of 2009 on the file of this Court questioning the orders dated 14.10.2008 passed in W.P.No.7315/2008 and the Hon'ble Division Bench of this Court disposed of the said Writ Appeal vide judgment dated 29.01.2009, allowing the appellant therein to file his objections in respect of the proposal sent by the Mancherial Municipality and also left it open to the parties to avail the remedies, in accordance with law. Thereafter, the Director of Town and Country Planning, Hyderabad, has called for inspection report from the Regional Director, DTCP and the Regional Director, vide letter Roc.No.176/2012/W/RO/W dated 21.10.2013 has submitted report. Basing on the said report, the DTCP vide letter Roc.No.1583/2012/W dated 06.01.2014 directed the Municipal Commissioner to release the layout in LP No.42/78. In compliance of the same, the Municipal Commissioner vide Roc No.G1/33/2014 dated 06.06.2014 released the approved layout plan in LP No.42/78 for the lands in Sy.Nos.474/A and 476/B of Garmilla Village. Thereafter, the individual plot owners who alleged to have purchased the property from the Society and as well as from Sd.Saleem, S/o. S.A.Hameed have instituted W.P.No.34829 of 2021 and batch questioning the action of the Mancherial Municipality in issuing revocation orders for cancellation of the permissions granted for the plots situated in the subject property under dispute. The said writ petitions were disposed of by this Court vide common order dated 03.04.2023 directing the Mancherial Municipality to consider the objections of all stakeholders and after giving an opportunity of hearing, pass appropriate orders in accordance with law. In compliance of the said order, the Mancherial Municipality has considered the objections of all the stakeholders by issuing notice vide Proceedings No.G1/989/2023 dated 07.08.2023 inter alia stating that in view of the status quo orders dated 03.04.2023 granted by this Court in W.P.No.12382 of 2020 and batch, the permission applications of the petitioners in W.P.Nos.34829 of 2021 and batch were not considered.