Kasarla Kumara Swamy v. 1. The State of Telangana

Petition under Article 226 0fthe constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleasedtoissuethewritofmandamustotherespondentsfortheinactionofthe respondentsinregularization/registrationofthepropertyhousebearing No.25-16, Rajeev Gandhi Nagar' Gagillapur' Dundigal' tvledchal Malkaigiri District,lnaccordancewiththeG.o.Ms.No.SgRev(Assn.l)isillegal,arbitrary, unconstitutionalandviolationofprocedureandconsequentlydirectthe respondents to proceed with the registration of the said property accordingly to theprocedurecontemplatedtrrerein,byreceivingtherequiredChallanamount. lA NO: 1 OF 2023 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 dispose the representation dt. 2211112022 to proceed with registration of the said house property H. No. 2s- 46, Rajeev Gandhi Nagar, Gagillapur, Dundigal, fVtedchal tvlalkajgiri District, pending disposal of the above petition. counset for the petitioner: SRr KAMBALA'ALLT Counsel for the Respondent No.1 to 3: SRI L.RAVINDER, AGP FOR REVENUE counser for the Respondent No.4: sRr G.JAGANNATH RAo, sc FoR McpL The Court made the foltowing: ORDER KUMAR REDD' 'RAVAN t I I I ! I I ! THE HON'BLE SRI JUSTICE E.V.VENUGOPAL UIRIT PETITION No.1619 of2o23 ORDER : This Writ Petition, under Article ' 226 of the Constitution of lndia, is filed seeking the follor'r'ing relief: o...to issue tlrc wdt of tnandarntts to the resportdents for tlrc inctctbrt of tlrc responderts in regularization/ registration of tht: property house bearing No.2 5- 1 6, Rajeeu Galtclhi N ar1ar, Cctgillapttr, Dund.igal, Medchal Malka.fuiri District, ln accordance' utith the G.O.Ms.No.S9 Reu /Assn- I) is illegal, arbitrary, Ltnconstittttional and ttiolatictrt tt.f procrzdure and. consequentlll direct the respondents to proceed with the registration oJ'the saicl 1;rctperty accordingly to the procedure contempl.ated therein, by receiuing the required Challart aftrcu.n.t urtcl pass..."

2. Heard Sri K.Sravan Kumar Redd-v, learned counsel appearing for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 3 and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the absolute owner and possessor of house bearing No.25-16, situated at Rajeev r,, I'}age 2 of 5 Gandhi Nagar, Gagillapur, Dundigal, Medchal-Malkajgiri District for the last several yea-rs. The petitioner is also paying propert-v tax since 2008 before the then Gram Panchayat office, Gagillapur Village, euth_bullapur Mandal. The said village is merged in the newly formed Dundigal Municipalit5r as such the communication is made rvith respondent No.3. Due to issuing of G.o.Ms.No.59 Rev (Assn- I) Dept, for regularization the demand notice also received by the petitioner under proceedings No.B/36o2/2o|s, datd 04-12.2or5. According to G.o.Ms.No.S9 the petitioner also paid Rs.37,500/ - for D.D. uid"e D.D.No.7 2gggg, datead 19-o 1.2015 and Rs.62,5oo/- DDo code No. 1406 2302oo3, dated 30 . L2 .2025 uide Receipt No. 1406.

4. The petitioner is in possession of the subject property since 2oo8 and the petitioner is also entitred for regularization under G.o.Ms.No.s9, Rev (Assn-I) Dept by Government of Terangana. The petitioner submitted an application uide Application No.ApLRRD I51o 1901 1056 enclosing ail rerevant documents to the respondents for Page 3 of5 regularizationf registration of the said property in his favour. But, the respondent-authorities are not respondent and also not respondent and also not proceeding with the registration in spite of full payment of challan according to G.O.Ms.No.59. There is a serious threat of illegal occupation of the subject property, the petitioner submitted a representation dated 22.11.2022 to the respondent- authorities for registration of said property in accordance with G.O.Ms.No.59. Despite receiving the same, no action has been taken. Hence, the present writ petition.

5. On the other hand, learned Assistant Government Pleader for Revenue would submit that as per CCLA's LT.No.CMRO-ll/06 12024, dated 25.o1.2024 the District Collectors in the ad.dress entry are hereby informed that in view of certain complaints alleging fraud etc, it is proposed to takeuprectificationofcertainapplicationsreceivedunder G.O.Ms.No.59. Hence, the respondent-authorities are directed not to issue any proceedings and not to execute any conveyance deeds through system or manual method even if i i E Page 4 of5 the payments are already made by applicants, till further orders, in respect of the regularisation applications received under G.O.Ms.No.59 until the verification is completed.

6. Learned Assistant Government -pleader further submitted that challenging the said G.o.Ms.No.59, public Interest Litigations are pending before the Hon'ble Division Bench of this court uide w.P.(PIL).Nos.8 of 2o15 and 109 of 2016 and since the subject matter is seized by the Hon'ble Division Bench of this court the official respondents are not in a position to take any action on the application made by the petitioner. Hence, seeks to pass appropriate orders.

7. In the light of the aforesaid facts and circumstances of the case and upon perusar of the material available on record, this court is of the opinion that in view of the pendency of w.p.(prl).Nos.g of 20rs and ro9 of 2016 before the Hon'ble Division Bench of this court, this court deems it appropriate to direct the respondents to consider the case of the petitioner as and when the subject matter of the w'P(PIL)'s has been decided by this court and communicate Page 5 of5 the same to the petitioner. B. With the above observations, this writ petitions is disposed of. There shall be no order as to costs. As a sequel, miscellaneo shall stand dismissed. us petitions, if &Dy, pending, //TRUE COPYII SD/. C. RE \ To,

1. SECTION OFFICER Hyderabad, State Jlf"[X?ipal secretarv Revenue Department 4

2. The Collector, lVfs(66p1 Malkajgiri District 3. The Tahsildar, Dundigal Mandal, Medchal 3Xio,*33Hll,TiHi;. Dundiqal 5. One CC to SRI IGMBALAPALLI 6. One CC to SRt G.JAGANNATH PUCI Malkajgiri Distiict Medchll Ma,,,:jalf'g+::fl," lUunicipatity At SRAVAN KUMAR REDDY, Advocate IY&:,3:"lffiron REvENuE, High Court for the State of Telangana at RAO, sc FOR MCPL [oPU cj Two CD Copies 7 8 BSR GJP HIGH COURT DATED i1311112025 ORDER I WP.No.1619 of 2023 a ir,s silA )'.4: i: 150Erffi v Z + ,SP."fiC DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t\ \