High Court · 2025

Petition Under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondents in not regularizing the residential open plot of the petitioner bearing PIot Nos.1 1 and 121 parl, admeasuring 450 Sq.Yds., situated in Sy.No.72, of Madhapur Village, Serilingampally Mandal, Ranga Reddy District, in terms of G.O.Ms.No.455, Revenue (UC-l) Department dated 29.07.2002, pursuant to the petitioner,s Application No. F11455189312005 (Renumbered as F1t4SSt329l2OO6) in C.C.No.F11325512004, pending since 2005, in spite of paying requisite charges and submitting representations from time to time, as arbitrary, illegal, unjust, discriminatory, violative of principles of natural justice' failure to exercise power' contrary to law, contrary to G O Ms No 455' Revenue (UC-l) Department dated 29.O7.z[O2and violative of Articles 14' 21 and 300A of the Constitution of lndia and consequently direct the respondents to regularize the aforesaid Plots of the petitioner in terms of G O Ms No 455' Revenue (UC-l) Department dated

29.07.2002 I.A.N O:1 O F 2025 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 forthwith regularize the residential open plot of the petitioner bearing Plot Nos l I and 121 Part' admeasuring 450 Sq'Yds ' situated in Sy.No.72, of Madhapur Village' Serilingampally Mandal' Ranga Reddy District' in terms of G O Ms'No 455' Revenue (UC-l) Department dated 29 pursuant to the petitioner's Application No Fl /455/893/2005 (Renumbered as F]1455132gt2006) in C C No F1l3255t2OO4' pending disposal of the above writ '20,02' .07 petition Counsel for the Petitioner : SRI B'SATISH KUMAR Counsel for the ResPondents : AGP FOR REVENUE The Court made the following ORDER HON'BLE SRI JUSTICE C.V. BHASI{AR REDDY WRIT PETITION No.2819 of 2o25 ORDER: This writ petition is hled seeking to declare the action of the respondents in not regularizing the residential open plot of the petitioner bearing Plot Nos. 1 I and 12 / part, admeasuring 45O sq. yards, situated in Sy.No.72, of Madhapur Village, Serilingampally Mandal, Ranga Reddy District, in terms of G.O.Ms.No.455, Revenue (UC-l) Department dated 29.OT.2OO2, pursuant to the petitioner's application No.Fl/455/ 893 I2OOS (Renumbered as Fl /455/ 329 I 2006l in C.C.No.F1 / 32SS I 2OO4, pending since 2005, in spite of paying requisite charges and submitting representdtions from time to time, as illegal, arbitrary and prayed for other appropriate reliefs.

2. Considered the submissions of thd learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the owner and possessor of the residential open plot bearing Plot Nos. ll and 72lpart, admeasuring 45O sq. yards, in Sy.No.72, situated at Madhapur Village, Serilingampally Mandal, Ranga Reddy District, having purchased the same under a registered sale deed uide document -...-*',.-, 2 No.24O0 of 1989, dated 28.O2.1989 and subsequent to purchasing of the said property, she came to know that the said property is excess land under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. To avail the beneltts under G.O.Ms.No.455, Revenue (UC-I) Department dated 29.O7.2OO2, the petitionei has submitted an application bearing No.F1/455/893/05, dated 07.O4.2OO5, paying requisite fee uide Demand Draft No.777923, dated 07 .O4.2OO5, seeking to regularize the subject plots, which was renumbered as Apptication No.F1/455/3 29 l2006. Considering the 'said application, the respondents have issued a Memo No.F/10612023, dated 07.O8.2O23 stating that the application submitted by the petitioner could not be processed as the petitioner has executed a gift settlement deed in favour of her daughter. It is further stated that soon after receiving the said proceedings, the petitioner has cancelled/revoked the said gift scttlement deed executed in favour of her daughter and submitted a fresh representation on the file of the respondents seeking to regularize the subject plots in terms of G.O.Ms.No.455, Revenue (UC-l) Department dated 29.O7.2OO2. Acting on the said representation, the respondents have issued a Memo No.F/106/2023, Fl/4551329/2006, dated 23.01.2O24 ., directing the petitioner to pay deficit amount of Rs.31,236/ - in favour of respondent No.2 for processing the application. It is further stated that pursuant to the said Memo, the petitioner has paid the said amount by way of Demand Draft dated

25.01.2024. The grievance of the petitioner is that even after complying with all the requirements and also depositing the dehcit fee, the respondents are not considering her application and thereby, she is not in a position to enjoy the properfy as an absolute owner. Hence the writ petition.

4. Learned counsel for the petitioner has submitted that in view of not considering the application submitted by the petitioner for regularizing the subject plots, the municipal authorities are not granting building permission to enable the petitioner to construct residential house. It is further submitted that in view of the continuously escalating construction charges day-by-day, any delay in issuing the regularization orders could result in sigrrilicant financial strain on the petitioner and therefore, prayed this Court to direct the respondents to consider and decide upon the regularization application at the earliest. 4

5. As seen from the record, the petitioner has submitted an application bearing No.Fl/a55l893/05, dated 07.O4 2OO5 in the year 2005 in terms of G.O.Ms.No.455, Revenue (UC-I) Department dated 29.O7 .2OO2, for regularization of the subject renumbered as Application plots, which was No.Fl/455/32912006. The petitioner has also deposited the deficit amount as directed by the respondents vide Memo dated

23.01.2024. Even after complying with all the requirements in terms of the Memo daLed 23.01.2024, th-e respondents are not considering rhe application submitted by the petitioner' for regularization of the subject plots in terms of the aforesaid GO.

6. appropriatc to In vierv of the above circumstances, this court deems it dispose of the writ petition directing the consider the application submitted by the respondents to petitioner bearing No.F1/455/329 l2006 (renumbered as Application No. F 1 / 455/ 3 29 I 2006l, d'ated 07 .O4.2005, in terms of G.O.Ms.No.455, Revenue (UC-I) Department dated

29.O7.2OO2, duty taking into consideration of the Memo dated 23.07.2024 and pass appropriate orders. If the petitioner is otherwise not eligible for regularization of the subject plots, the re\pondents are directed to pass a reasoned order and \ l i 5 communicate the same to the petitioner within a period of eight (08) weeks from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of.. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR CTION OFFICER The Principal Secretary, Revenue (ULC) Department, Secretariat, State of Telangana at Hyderabad. The Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad. The District Collector, Urban Land Ceiling Wing, Ranga Reddy District. The Special Deputy Collector, Urban Land Ceiling, Ranga Reddy District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI B.SATISH KUMAR, Advocate [OPUC] Two CD Copies To 1 2 3 4 5 6 7 SA BS 5 aYrt rFu s o c o f 2 5 t) -\. iJ L') * ?. / HIGH COURT DATED:31 10112025 ORDER WP.No.2819 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. Gt', @