High Court · 2025

Petition Under Article 226 of ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in considering the application vide file No. 01 1782ILO/DTCP/3158/oooo3t2o24 fited under setf certification of rs-bPass portal for approval of tentantive layout for the land in survey No. 4012, 40t3, 4Ol4 and 40/5 extent ac 5.23 gts situated at Asifabad village Aifabad (Urban) mandal, Asifabad Municipality, Komurambheem Asifabad District even though petitioner submitted all the required documents obtained from the concemed authorities as arbitrary and illegal and contrary to the : I : /' ,r' : provisionsoftheTS-bPASSAct2O2O,conlrarytotheprovisionsofTelangana Municipalities Act 20'19 and rules framed under GO IVls NO 105 Municipal Administration and Urban Development (Pig'lll) department daled 5 7 2021 consequently to direct the respondents to consider the application vide file o11782lLotDTCP/3158/oo0o3t2o24andtogranttentantivelayoutforthelandin surveyNo.4Ol2,4Oi3,40t4and4O/5extentacS'23gtssituatedatAsifabad village Aifabad (Urban ) mandal, Asifabad Municipality' Komurambheem Asifabad District. l.A.NO :1 OF 2O25 petition Under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider application vide file No' o11782lLotDTCP/3158i0000312024 tiled under self certification of TS-bPass portalforapprovalol.tentantivelayoutforthelandinsurveyNo.40/2,4013'4014 and 4ol5 extent ac 5.23 gts situated r Asifabad village Aifabad (Urban ) mandal' AsifabadMunicipality,KomurambheemAsifabadDistrictpendingdisposalofthe above writ Petition. Counsel for the Petitioner : SRI GUDI MADHUSUDHAN REDDY Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI PUTTA KRISHNA REDDY Counsel forthe Respondent Nos.4 & 5 : G.P FOR REVENUE The Court made the following ORDER l ORDER: HOilI'BLE SRI JIISTICE K. LAKSHMAN UIRIT PETITION No.569 of2025 Heard Sri G. Madhusudhan Reddy, learned counsel for petitioner and Sri Putta Krishna Reddy, learned standing counsel appearing for 2nd respondent and learned Assistant Government pleader for Revenue for respondent Nos.3 to 5. Perused the record.

2. Petitioner herein is claiming that he is the absolute owner and possessor of land admeasurin g Acs.7.l4 guntas in Sy.Nos.4OA, situated at Asifabad Village and Mandal, Komurambheem - Asifabad District, on the strength of a registered sale deed bearing document No.253 of 2023, dated 06.06.2023. Thereafter, the petitioner approached the Tahsildar seeking conversion of the aforesaid land from agriculture to non-agriculture. Pursuant to the same, respondent No.4 issued proceedings dated 13.07.2023 converting the land in Survey No.40A from agricultural to non-agricultural I{L,J \{r.P.) o.569 ot 2025 2 purpose and the Inspector of Sur-vey and Land Records a1so issued sub-division survey as Survey Nos'40/2' 4014, 40l4 and, 40l5 and issued demarcation certificate on 11.1O.2023 to the extent of Acs'5'28 guntas' "vhich available physically in Asifabad village and the balance is in Ankushapur village' Thus, there is a dispute with regard to the balalce extent. The same woulcl reveal from the reprort of Revenue Divisional Ofhcer, Asifabad addressed to Additional Collector - Respondent No'4' Learned counsel for the petitioner has hled copies of the sale deeds, trtuch maP etc.

3. Petitioner has submitted an application dated 2a.Og.2O24 with 2"d respondent with a request to grant approved lalrout in respect of extent of Ac'5'28 guntas only situatecl at Asifabad. Despite receiving and acknowledging the said application, 2"d respondent did not act uP,ln the same. Therefore, challenging the inaction ol the respondents, more part-icularly, I{L,J W P No 569 of2025 respondent No.2, the petitioner frled the present writ petition.

4. Perusal of the site inspection report dated 12.I1.2024 of respondent No.2 would reveal that respondent No.2 recommended for layout approval. Despite the same, respondent No.3 is not proceeding further and issuing tentative layout in favour of the petitioner and consider the application submitted bv him.

5. Sri Putta Krishna Reddy, learned standing counsel for 2"d respondent has produced copy of letter dated 04.12.2024 of 5tn respondent addressed to the 4th respondent, wherein it is stated that the 5th respondent has visited the spot and found that said land falls under Sy.No.87 (PP) of Ankusapur Village. Since there is non_ availability of Map of Asifabad, it is not possible to prove that the said land falls in Sy.No.4O of Asifabad. However, as per Dharani Portal, the applicant is having an extent of ,{gsJ.14 guntas in Sy.No.4O / A/l of Asifabad village. But, on field inspection, the location is notihed as 7 KI,,J W P o 569 of 2025 ., .. 4 { Ankusapur Village. Therefore, not recommended Copy of the said letter is also furnished to learned counsel for the petitioner. However, having received the albresaid application clated 28.Og.2024 along with fee of Rs.10,0OO/-, r-espondent No.3 should have informed' the said fact to 1he petitioner herein, instead of keeping the aforesaid apprlication Pending.

6. In the light of the said submission, this writ petition is disposed of directing respondent No'3 to consider the application No.O 1 1782l LO /DTCP /3158 /OOO3l2024 dated 28.09 .2024 subrnitted by the petitioner seeking approval of layout. If respondent No.3 is not inclined to accept the reqr.rest made by the petitioner, he sha1l assign specilic reasr)ns, pass an order and communicate copy of said order to the petitioner. He shall complete the said exercise within a period of four (04) weeks from the date of receipt of copy of this order. There shall be no order as to costs. I(L,J W P No.55q oI2025 5

7. As a sequel, miscellaleous petitions, if any, pending in the Writ petition shall stald closed. //TRUE COPYII SD/.P. PADMANABHA REDDY ASSISTANT REGISTRAR SECTION OFFICER Komurambheem Asifabad District. Department Secretariat, State of Telanqana at Hvderabad.

1. The Principal Secretary, Municipal Administration Urban Development 2. The Commissioner, Asifabad Municipa[ity, Komuiambheem Asifabad District. 3. The Chairman / District Collector, District Level TS-bPASS Commiftee, 4. The Additional Collector (Local bodies), Komurambheem Asifabad District. 5. The Revenue Divisional Officer, Asifabad Division, Komurambheem Asifabad 6. Two CCs to GP FOR MCPL ADMN AND URBAN DEVELOpfiIENT, High 7. Two CCs to GP FOR REVENUE, High Court foithe State of Tetangana at 8. One CC to SRI GUDI MADHUSUDHAN REDDY, Advocate tOpUCI 9. One CC to SRI PUTTA KRISHNA REDDY, Advocate (OPUC) 10.Two CD Copies Court for the State of Telangana at Hyderabad. [OU! Hyderabad. [OUl District. To SA BS .t ".*gil' HIGH COURT DATED:0910112025 ORDER C.C. TODAY H€ STA}c 1 L)A 2? JAN ?ffi \ I ( A,t -) L) WP.No.569 o12025 * Diis DISPOSING OF THE W.P WITHOUT COSTS.