The High Court · 2025

Petit lon under Section ist cPc prayrn g that in the circumstances stated in the affidavit filed in suPPo rt of the Petition, the High Qourt may be pleased to dispense with the filing of the original memo No. 28444lUQ. 1(1 )/2006-1 dated 21-10-2007 Passed bY the first respondent in filing WP No. 6658 of 2008 1 l.A. NO: 4826 0F 2014 10F 2014IWPMP, NO: Petitio n 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 imend the PraYer in the writ. Petition as to issue an order or direction declaring that the ULC Proceedi ngs ln file No. A3-/1 29211976 Pending before SPecial officer 4 respondent in respect of the land of the Petitioner tq an exten t of 3600 Sq. mete rs in SY.No.19 52iA sit uated at Fo( Warangal, Warqngal as abated in yiew of the G.O.Ms.No 603 Revenue (UC.1) dated 22-042008 and atso Circular 1) /2008-1 dated 24-04-2OOB bY adding to the Prayei of Memo No 17 377|uc.1( the writ Petitlon I ,.A. NO 1 OF 200 8 Petition under Sectio in the affidavit filed in PC praying that i vacate the tnterim orde r dt. 1B_3-20 0B in Wp o. 6658 ePe MP NO 19920F2008 n151 C support of th tition N 2008 WP .4. No:3 OF !n the affid (irect tfte r 1952/4 to a Petition unde avit filed esponden n extenf o M .N 87 02 n151 C r Sectio rn suppo,:t of ts netto dis f 3600 sg OF I 200 praying that in petition PC Pqssess the meterS situate n the circu the Hig h Court m of 2008 mstances stated ay be pleased the circu ms.tances the High Court r fiom the Wa rangal, staled mqy be pleaped land tn sy. no, Wqrang petitione d at Fort Cgunsel for the pgtitione Colns ef fo116s p espond Couns el foi f6g q espond The c9!{rt made the fofio r: SRl. p pRAB ents No. 1 to3 t No.4: GF F ung: ORDER HAKAR REDDY and 5: Gp FO OR ASSIGNM R REVENUE ENT 4 -,&; - t -'t:tlr-tt t - rr- ':!'- - HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.6658 of 2OO8 ORDER: This writ petition is filed seeking to declare the ULC proceedings in file No.L3 /1292 / 1976 pending before respondent No.4 in respect of the land of the petitioner to an extent of 360O sq. meters in Sy.No.1952/A, situated at Fort Warangal, Warangal, as abated in view of G.O.Ms.No.603 Revenue (UC. 1) dated 22 .O4 .2OOB and also Circular Memo No.t7377 /UC 1(r) /2oo8-1, dated 24.o4.2OO8.

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

3. It is stated that the petitioner has purchased the land to an extent of 360O sq. meters, in Sy.No. 1952/A, situated at Fort Warangal, Warangal, through a simple sale deed dated

22.OL.1972.It is further stated that the land purchased by the petitioner was the subject matter of declaration filed by his vendor under the provisions of the Urban Land (Ceiling and Regulation) Act, 19Z6 (for short, .the Act, 1976,l. h is further stated that the vendor of the petitioner, suppressing the said fact, has executed a sada bainama in favour of the petitioner. 2 CVBR, J Wp 6658 200R IN

4. Sri p. prabhakar, learned counsel for the petitioner has stated that the Government has issued G.O.Ms.No.455 Revenue (UC.I), dated 29.O7.2OO2 to regularize the excess lands occupation of the third parties under Section 23 of the Act, subject to the condition that the allotment shall be considered where the excess land is already vested with the government and also strbject to the payment of amount to the Government at the rates indrcated. It is further stated after coming to know the subject lancl is under computation under the provisions of the Act, the petitioner was constrained to make an application rn terlns of the GO tssued by the Governrnent seeking regularization of the iand purchased by him from his vendor bv paylng an amount of Rs.2,34,0OO/- through Dtl dated 15.02 2006. It is further contended thal despite the petitioner having fulfilled all the requirements as per the policy laid dorvn by the Government, the respondents, instead of considering his case, has rejectecl the application of the Memo No.28a44 /UC.t(t) 2006_t. dated 21"70 2oo7, on the ground that the said rand is requrred for the Government for the purpose of constructing Indiramma houses, which are to be distributed to the weaker sections of the society. 5. This Court has carefully examined G.O.Ms.No.455 Revenue (UC.l), dated 29.OZ.2OO2, wherein, paragraph No.g petitioner ui.de No.985O49, 3 C\BR, J Wp-6658 2008 speciiically states that the Government shall be competent to refuse or reject the cases for regularization of excess lands vested in the State under the provisions of the Act in view of the public interest' No.28444 lUCl(1)2006-1'

6. A careful reading of the impugned older uide Memo dated 2l lO'2OO7 issued by respondent No 1 would reveal that the petitloner's application was rejected on the ground that the said land is required for the purpose of constructing Indiramma houses' which are to be distributed to the weaker sections of the society lt is settled law that the public interest wourd arways prevail over the individual interest, even though the individual has fulfilled all the terms lor r egalatization of the and conditions of G O'Ms No 455' at its discretion has taken lands. Therefore, as the Government' a decision to distribute the lands to the common good' which is in the public interest at large' it is always having power to reject the applications for regularization No doubt' while rejecting the applications filed for regularization' duty is cast upon the State toreturntheamountdepositedbytheapplicants,alongwith interest,iftheauthoritieshavenottimelyactedirponthe application. Admittedly, the petitioner has filed an application on 15.02.2006 seeking to regularize the subject land and has also paid an amount of Rs.2,34,O0O/- through DD No 985049' ( { dated 15.02.2006 respondents order datecl 21. I O. the date of making . Howcver. after rcceivj* rejected the said .oor,.J 2OOZ, nearlyafter a r"#:r:r:;: appiication CVBR T \'p A65s 200; * thc reports, the , r:": In view of the e

7. disposed or pe.mitting':;"il"::"::":,:" wrir petirion a representation on the file of respondent No. 1 seeking to refund/return amount of Rs.2,34,00 O/_ paid by him while making rhe application. In the event of the petitioner making such representafion, respondent No. 1 is directed to refund/return the said amount of Rs.2,34,000/_ to the petitioner along with interest (1! 6,'/o per annum, to be calculated till date, within a period of three (3) months from the date of nraking s uch representation 8 With the above observations, this Writ petition is disposed There shall be no order as to costs As a secluel, the miscellaneous petitions pending, rf any, shali. stand clo secl i '{ To, //TRUE COPY// SD/-C. DEEPIKA / ASSISTANT REGISTRAR / sEcfloN Brr,".* 1 The Principal Secretarv. Revenue (UC.l) Department, Government of A.p Secretariat, Hvderabari The District Cirllector, Warangal. The Comrnissioner, lrlunicipal Corporation, warangat. The Special Officer & Competent Authority, Urban Land Ceiling, Warangal. The Tahsildar, Warangal, Waranqal District. o"" cci.Gril. p FnAeileKARhEDDY' Advocate IoPUC] -State Y-: EE;UdF ron nEVer'r'tje' irigh cbuft tor the Xr"'""$il fop'JAR AssrcNMENT, High court for the state of relangana at or reransana at HvOeraOaU [OPUC] Two CD CoPtes

0.One SPare CoPY n i\ --- \ff

2. e

4. E 6 7. I 0 1 Sdr HIGH COURT DATED: OStO3tzOZs ORDER WP.No.6658 of 2008 o 1 rrli S r. t:)-. ,<.\ 20 sff 295 \..-.t \.t^'./\t:::r:"_lj-.'' ..;i ./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS {* 4l*\ )--l