High Court · 2025

K Anji Reddy, S/o Late K. Nagi Reddy, aged about 68 years, Rt/o plot No. 439, Secretariat colony, Manikonda village Rajendranagar Mandal Ranga Reddy District. Sri K. Bikshapalhi Reddy, (Died as per LRs P3 to PS),S/o Late K. Nagi Reddy, aged about 70 years, Occ Agriculture Rt/o H.No. 2-54, Manikonda Jajir Village, Rajendranagar Mandai Ranga Reddy District. 9mt.K.Kalavathi, Wo.Late K.Bikshapathi Reddy, aged 67 years, Occ : Household, R/o.Plot No.199, Anjali Gardens, Puppala Guda, Rajendranagar Mandal, Ranga Reddy District. Sri K.Nagi Reddy, S/o.Late K.Bikshapathi Reddy, aged 44 years, Occ : Business, Rl/o.Plot No.199, Anjali Gardens, pupfala Guda, Rajendranagar Mandal, Ranga Reddy District. Smt. S.Rajitha Reddy, Wo.S.Rajashekar Reddy, D/o.Late K.Bikshapathi Reddy, aged 43 years, Occ : Household, R/o.H.No .2-5212, Plot No.21, Father Balaiah Nagar, Alwal, Hyderabad. (Petitioners Nos.3 to 5 are brought on record as Lrs of the deceased Petitioner No.2 as per Court Order dated 26-3-2025 in l.A,No.1 ol 20241 .....PETITIONERS AND

1. The Government of Telangana State, Rep. by its Secretary, Revenue Department, Telangana Secretariat, Hyderabad.

2. The Special Officer and Competent Authority, Urban Land, Ceiling, Nampatly, Hyderabad

3. The District Collector, Rangan Reddy District at Lakdikapul, Hyderabad. 4. The Revenue Divisional Officer, Rajendranagar, at, Athapur Ranga Reddy District.

5. The Tahsiladar, Rajendranagar Mandal,, Ranga Reddy District. ...RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issL e a Writ, Order or direction, more particularly one in the nature of writ of mandantus declaring the action of the respondents in not considering the application dt. 31.3.2006 for regularisation of the surplus land to an extent of 39,390.83 Sq. \,4trs in Sy.Nos. 177,178 srtuated at Manikonda Village and Sy.No. 459 situated at Puppalguda Village, Rajendranagar Man{al, Ranga Reddy having received an anrount ol Rs.62 lakhs towards fee of regularization which is illegal, unlust, contrary to Law, bad in the eye of law and in violation of the principles of natural justice. LA.NO:1 OF 2015(WPMP. NO: 35282 OF 2015) Petition L,nder 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 respondent No.1 to consider the application dated 31 .3.2006 for regularization cf land in Sy.Nos.177,178, situated at manikonda village and Sy.No.459 situated al Pupplaguda village Rajendranagar Mandal, Ranga Reddy forthwith . |.A.NO: 2 OF 201S(WPMP. NO: 35283 OF 2015) Petition urder Section 151 CPC praying that in the circumstances stated in the affidavit filerj in support of the petition, the High Court may be pleased to direct the Sth respondent namely Tahasildar, Rajendranagar lVlandal, Ranga Reddy District not to dispossess the petitioners from the land in SY. No.1 77,178,s;ituated at lr,4anikonda village, and Sy.No.459 situated Puppalaguda vilalge, Rajend rangar [\rlandal, Ranga Reddy District. Counsel for the Petitioners : SRI B.MAYUR REDDY, SENIOR COUNSEL FOR SRI J.VENUDHAR REDDY Counsel for the Respondents : GP FOR ASSIGNMENT (REVENUE) The Court made the following ORDER 6' ORDER: THE HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY WRIT PETITION No.27191 of 2O1s This writ petition is filed seeking following reliet "For the reasons stated in the accompanying affidavit, it rs hereby prayed that this Hon'ble Court may be pleased to issue a Writ, Order or direction, more particularly one in the nature of writ of, mandumus declaring the action of the respondents in not considering the application dt. 31.3.2006 for regularisation of the surplus land to an extent of 39,390.83 Sq. Mtrs in Sy.Nos. 177, l7a situated at Manikonda Village and Sy.No. 459 situated at Puppalguda Village, Rajendraragar Mandal, Ranga Reddy having received an amount of Rs.62 lakhs towards fee of regularization which is illegal, unjust, contrary to Law, bad in the eye of Iaw and in violation of the princrples of natural justice and pass such further or other order or orders as this Hon'ble Court deems ht and proper in the circumstances of the case and in the interest ofjustice.'

2. It is stated that the petitioners are the owners and possessors of agricultural land admeasuring to an extent of Acs. 25.19 guntas in Survey Nos. 177 arrd 178, situated at Manikonda Village and in Survey Nos.457, 458, 459 and 460lllA, situated at Puppalguda Village, Rajendranagar Mandal, Ranga Reddy District, having inherited the same from their ancestors. It is further stated that the petitioners filed a declaration before the 2'd respondent-Special Oflicer and Competent Authority, Urban Land Ceiling, Hyderabad in respect of the subject property under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 uide CC No.H/ 131 to 134 of L994, but the 2"d respondent erroneously declared an extent of 13,062.81 square meters of land only in the hold of the declarants uide order 4ated 26. 10.1986 whereas the petitioners are entitled to retain an extent of a Acs. 5.00 guntas under G.O.Ms.No.733 dated 01.06. 1989 and an extent of 2 CVBR, J W.P.No.27191 of 2015 Acs. 3.33 glrntas under G.O.Ms.No.289 dated O1.06.1989, in total the petiLioners are entitled to Acs. 8.33 guntas. It is further stated that aggrieved by thc same, the petitioners preferred appeals before the Commissioner of Appeals uide Appeal Nos.Hyd/46199 and Hyd/47 199 and the appellate authority also conhrmed the orders of the 2"d respondent. Thereafter ths pctitioners preferred a writ petition belore erstwhile High Court of Andhra Pradesh uide W.P.No.6826 of 20O 1 , but the same was dismissed for non-prosecution on 24.02.2006 and the order passed by the 2"d respondert in CC No.H/ 131 to 134 of 1994 dated 26.10.1996 declaring land admeasuring to an extent of 13,O62.al square meters in holding of the petitioners hzLs at.tained its finality. It is further st.ated that for the remaining ext.cnt of lands which have been declared as surplus land admeasuring 1o an extent of 39,390.83 square meters uide CC No.H/ i31 to 134 of 1994 dated 26.10.1996, the petitioners have to avail the benefits in terms of the grolicl, laid down by the Government in (i.O.Ms.No.456 dated

29.O7.2OO2. It is l'urther submitted that the petitioner-s made applications dated 31.O3.2O06 to the 2"d respondent for allotment and regularization of the surplus land admeasuring to an extent of 39,390.83 square meters and paid an amount of Rs.31 lakhs each i.e., in total Rs. 62 lakhs through demand draft bearing No.004287 dated 3 1.03.2006 and Banker's cheque bearing No.00ii312 dated 31.03.2006. The grievance of the petitioners is that the 2"d respondent has not considered the applications dated q' J CVBR, J W.P.No.27191 of 2015

31.03.2006 submitted by the petitioners along with regularization amount of Rs.62 lakhs. Hence, the present writ petition.

3. Mr. B.Mayr:r Reddy, learned Senior representing .Counsel Mr. J.Venudhar Reddy, learned counsel for the petitioners vehemently contended that once the policy has been laid down by the Government uide G.O.Ms.No.456 dated 29.07 .2OO2, the said policy has to be implemented uniformly and there cannot be any discrimination in implementation of the policy. Learned Senior Counsel further contended that the Government, having considered the cases of similarly situated persons for extending the benefits for the regularization of their lands, is not supposed to take a different stand in case of the petitioners for regularization of their land though they have paid the regularization fee as stated supra.

4. Learned Assistant Government Pleader for Revenue appearing for the respondents has contended that though it is stated that the petitioners have submitted applications dated 31 .03.2006 to the 2od respondent, so far as the application submitted by the 1$ petitioner for the lands in Survey Nos. 177 and 178, situated at Manikonda Village, Rajendranagar Mandal, Ranga Reddy District, is concerned, it is available on record, but so far as the application submitted by the 2'd petitioner for the lands in Survey No.459, situated at Puppalguda Vi[a]e, Rajendranagar Mandal, Ranga Reddy Distriat, is concerned, it is not available on record. l,earned AssisErqf Government Pleader further contended that since the 4 CVBR, J (-1 W.P.No.27191 of 2015 application submrLted by the 2"d petitioner is not available on record, th.e 2nd petitioner is not entitled for consideration of the regularization for the extents of the larntl in Survey No.459, situated at Puppalguda Village, Rajendranagar M:rnclal, Ranga Reddy District.

5. Considered the submissions of the leat ncd counsel for the respective par ties :rnd perused the record.

6. Be th:rt as it may, it is the specihc case of the petitioners that the petitioners have hled declaration under Section 6(1) of the Urban Land i I (Ceiling and Regr rlation) Act, 1976 and the said <leclaration has been computed an,l thc lands admeasuring to an extent of 39,390.83 square meters in Survel Nos. 177 and 178, situated at Manikonda Village, Rajendranagar Mandal. Ranga Reddy District and Survey No.+SS situated at Puppalguda Villagc, Rajendranagar Mandal, Ranga Reddy District have been declared as surphrs land. Though the petitioners made applications dated

31.03.2006 t() th(' 2nd respondent seeking for regulrrrization of the said extents of lancl by paying the regularization fee of Rs.62 lakhs in terms of the guidelines issued lrv the Government by way of dr:mand draft bearing No.004287 da-ed 31.03.20O6 and Banker's cheque bearing No.005312 dated

31.03.2006, but the 2",r respondent has neither passed any orders considering the applications submitted by the petitioners for regularization nor rejected the sarne by assigning any valid reasons. T I 5 CVBR, J W.P.No.27191 of 2O15 7 . In view of the same, the ends of justice would be met if the respondents are directed to examine the applications dated 31 .03.2006 submitted by the petitioners for regularization of the surplus land admeasuring to an extent of 39,390.83 square meters in Survey Nos.177 and 178, situated at Manikonda Viilage, Rajendranagar Mandal, Ranga Reddy District and Survey No.459 situated at Puppalguda Village, Rajendranagar Mandal, Ranga Reddy District and the demand draft bearing No.004287 dated 31.03.2006 and Banker's cheque bearing No.OO53 12 dated

31.03.2006 for an amount of Rs.62 lakhs, which are enclosed in support of the said applications and pass appropriate orders in terms of the G.O.Ms.No.456 dated 29.O7.2OO2, which is in force as on the date of making the applications dated 31.03.2006. In any event, if the petitioners are not eligible for the regular'lzatron of the surplus land in terms of the policy laid down under the above said G.O., the respondents are directed to pass a reasoned order and communicate the said reasons to the petitioners within a period of eight (08) weeks from the date of receipt of copy of this order.

8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs //TRUE COPY// SD/-A.V.S.PRASAD TYREGISTRAR E s CTION OFFICER To

1. The Secretary, Government of Telangana State' Revenue Department' Telangana Secretariat, Hyderabad' -.,] ^ @ot U- Hyderabad. 2 The spc'ciar officer and competent Authority, Urban Land, ceiring, Nampaay, 3. The District corector, Rangan Reddy District at Lakdikapur, Hyderabad. 4. The Revenue Divisional Officer, Rajendranagar at Ath"f;r, Ra;g; R;;;y I Ih" l{:illd:1, Rajendranagar Mandat, Ranga Reddy District. 7 Two CCs to Gp FoR ASSTGNMENT, High court tor *re dtate of rerangana at B. Two CD Copies , / 9 9nu CC to SRt J VENUDHAR REDDY, Advocate tOpUCl r Hyderabad [OUTJ District. SA GJP s ) ) HIGH COURT DATED:2610312025 $. \ \ ORDER WP.No.27191 of 2015 1 oF HE. S 14 14: k I t 1 0 APB 2025 r * .OeSPATCHeO * DISPOSING OF THE W.P WITHOUT COSTS. Oost' \