✦ High Court of India · 10 Mar 2025

The High Court · 2025

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,239 words

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 issue a Writ of Mandamus or any other appropriate writ declaring that the inaction on the part of the respondents in executing and registering a conveyance deed in respect of Plot No.140, Sreepuram Colony in Sy.No.200, Sahebnagar Kalan Village. Hayathnagar Mandal, Ranga Reddy District in favour of the petitioners in terms of G.O.Ms.No.'l 18, dated 2811012022, having collected the prescribed amount of Rs. 1 ,25,0001-, is arbitrary and illegal and direct the respondents to execute and register the conveyance deed in favour of the petilioners in respect of the said plot and grant such other relief as it deems fit in the circumstances of the case. m IA NO | 10F 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin theaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto directtherespondentstoforthwithexecuteanregisteraConveyancedeedin favour of the petitioners in respect of Plot" No' 140 Sreepuram Colony' in Sy.No.200, Sahebnagar Kalan Village, Hayathnagar Mandal. Ranga Reddy District as per the government policy contained in G o Ms No l 18' dated 28'.lo2022andreleaSetheregisteredconveyancedeedtothepetitioners' pending disposal of the writ petition and grant such other relief as it deems fit in the circumstances of the case' Counsel for the Petitioner : M/S BHARADWAJ ASSOCIATES Counsel for the Respondents: ASST' GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. 1729 of2o25 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: "...ro issue a Writ of Mandamus or any other qppropriate utit declaring th<tt the inaction on the part oJ the respondents in executing and registeing a conuegance deed in respect of Plot No.140, Sreepuram Colong in Sg.No. 2O0, Sahebnagar Kalan Village, Hayathnagar Mandal, Ronga Reddg District in fauour of the petitioners tn tems of G.O.Ms..No.l18, dated 28/10/2022 havtng collected the prescibed amount of Ri.1,25,OOO/- is arbitrary and- tltegal and. direct the respondetts to exeal.te and register the conuegonce deed in fauour of the petitioners in respect of the said pLot and grant such other relief as it deems fr.t in the circumstances of the case..."

2. It is stated that petitioners are in occupation of the land admeasuring 500 Sq.yards in Plot No.140, Sreepuram Colony, Sahebkalan Village, Hayathnagar Manda_l, Ranga Reddy District. It is the case of the petitioners that they have made an application seeking for regularization of their occupation in terms of the policy enunciated under G.O.Ms.No.118, Revenue (Assn), dated 28.10.2022 and paid requisite arnount of Rs.1,25,OOO/- by way of demand draft uide transaction ID No.TTRCLO222OOOO2TAI corresponding to application No.RCLO222OOOO2781 on 23.05.2023. The grievance of the ., petitioners is that even after receipt ol amounts, the respondents have not passed orders for regularization of occupation of the petitioners and consequently, execute conveyance deed/registered documents to enable the petitioners to enjoy absolute rights over the strbject property.

3. The learned Assistant Government Pleader for Revenue appearing for the respondents submits that G.O.Ms.No.1 18, Revenue (Assn), dated 28. lO.2022 is issued in continuation of the guidelines issued in G.O.Ms.No.59, Revenue (Assignment- II) Department dated 30.12.2014. It is further submitted that as per G.O.Ms.No.59, dated 30. 12.2OI4, the conveyance Deed shall be exer:uted only in the name of a Female member of the Family and therefore, the subject application submitted by the petitioner No. 1, who is a male mernber was not con sidered.

4. Sri Vedula Venkata Ramana, learned Senior Counsel appearing for the petitioners has vehemently contended that the respondents having not objected for receiving the application and received the regularization fee, now they are not entitled to say that the conveyance deed will be executed only in the name of the female member of the family.

5. Upon a careful examination of the submissions made by the .respective counsel and the material placed on record, it is seen that the Government has issued G.O.Ms.No.59 Revenue (Assignment-Il) Department dated 30.12.2014 for regularization and transfer of rights on lands encroachments on unobjectionable Government land and Surplus land under Urban Land Ceiling to the people on payment ba'sis. Subsequently, the Government has issued G.O.Ms.No.l18 Revenue (Assignment-I) Department dated 28.10.2022 for regularization of certain lands which are in possession of public in various colonies. Clause 2 (xiii) of G.O.Ms.No.S9 dated 30.12.2014, stipulates that the.concerned Tahsildar shall get conveyance Deed executed in the name of a Female member of the Family. In the present case, the application for regularization was submitted by petitioner No. 1, who is a male member of the family, which is not in compliance with the aforesaid requirement. 4

6. In view of the above, this Court deems it appropriate to dispose of the writ petition relegating the petitioners to submit a fresh ap1>lication in the name of a female member of their family for regularization under G.O.Ms.No. 1 18, dated

28.1O.2022. u,ithin two (2) weeks from the date of receipt of a copy of this order. Upon submission of such application, the respondents shall consider the same in accordance with the applicable guidelines, particularly since respondent No.2 has already issued a demand notice dated i5.O5.202.3 and collected thc requisite fee of Rs. l,25,OOO/- vide demand draft (Transaction ID No. TTRCLO222OOOO27aL, corresponding to Application No. RCL0222OOOO278|\ on 23.05.2023. If the application is found to be in order, the respondents shall execute and register the conveyalce deed in the name of the female mem ber of the petitioners' iamily. Otherwise, if the application does not meet the prescribed guidelines under G.O.Ms.No.1 18, dated 28.10.2022, the respondents sl1aJl pass a reasoned order and communicate the decision thereon to the petitioners u'ithin a period of eight (8) r.r,eeks from the date of receipt of the application. 5 7 . With the above observations, this writ petition ls disposed of. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.K. SREE RAMA MURTHY PUTY REGISTRAR ECTION OFFICER To, 'l . The Principal Secretary, Revenue Department, Secretariat, State of Telangana, Hyderabad.

2. The District Collector, Ranga Reddy District at Kongarakalan. 3. The Tahsildar, Hayathnagar Mandal, Hayathnagar, Ranga Reddy District 4 One CC to M/S BHARADWAJ ASSOCIATES, Advocale, IOPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. 6 Two CD Copies. BSK BS HIGH COURT DATED:1010312025 I t I ORDER WP.No.1729 of 2025 + u r,f- S f,q 14' 2 fl iiiii fiffi 2 p t orcs iAT cii y.O , DISPOSING OF THE WRIT PETITION WITHOUT COSTS q ( \ In

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