✦ High Court of India · 10 Mar 2025

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
1,124 words

Acts & Sections

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumgtanceq stated in the affidavit filed therewith' the High Court may be pleasedtoissueaWrit,OrderorDirectionmoreparticularlyoneinthenatureof Writ of Mandamus, declaring the action of the 3rd respondent in passing the impugnedEndoisepentvideLrNo.Bl2B3l2O23,datedll.l0.2023byrejecting Shamshaba bearing H theregularizationqpplicationofthepetitionerinconnectionthehouseproperty No 5-p7, Sy No. l)OlllA' Golkonda Kalan (Pedda Golkonda)' d Mandal, Ranga Reddy District without considering the GO Ms No' 6-07 -2023 is illegal, arbitrary and against the principles of natural also violative of Articles 14, 19,21 and 300-A of Constitution of lndia side the impugned endorsement dated 1 1 10 '2023 and consequently 84 dated 2 justice and by setting a direct the respondont,lo regularize the petitioner house property by considering the petitioner and ;:ls irs per GO [Vl s No. 84, dated 26-07.20113 ir the interest of justice. lA NO: 1 OF 2025 Petition und:" i':rction 151 CPC praying that in the circtlmstances stated in the affidavit filecr r .;uppo( of the petition, the High Court rr ay be pleased to Direct the responde rr$ not to interfere into the peaceful possession and enjoyment of the pertr ilners house property bearing H No. H \o. 5-37, Sy No, 1OOl1lA, Golkonder l':rlan ( Pedda Golkonda), Shamshabad I\i!andal, Ranga Reddy District with,r "rt l,rllowing due process of law, pending drsoor;al of the maio writ petition. Counsel for the Petiti rner :SRl. AJAY KUMAR MADISETTY Counsel for the Resp'rndent NOs 1 TO 3 : GP FOR REVENUE Counsel for the Resp,rndents NO 4 : KACHAN LAXMIAH S.C FOR MUNCIPALITY The Court made the fr llowing: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.726O of 2o25 ORDER: This writ petition is f-rled seekirrg lo declare the action ol respondent No.3 in passing the impugned Endorsement vide Lr.No.B 128312023, dated Il.lO.2O23 by rejecting the regularization application of the petitioner in connection with the house property bearing H.No.5-37, in Sy.No.1OO I I lA, Golkonda Kalan (l)edda Golkonda), Shamshabad Mandal, Ranga Reddy District, without considering the G.O.Ms.No.84, dated

26.O7.2023, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties.

3. It is stated that the petitioner is in occupation and possession of the land admeasuring l92O sq. yards in Sy.No. 1OO/1/A, situated at Golkonda Kalan (Pedda Golkonda), Shamshabad Mandal, Ranga Reddy District and has constructed a house therein uicle House No.5-37. l'he case of the petitioner is that she has made an application uide No.AOGO22300465390 seeking to regularize the subject ( \ Iltt..r \\ r 7l(r0 1025 property lrr ,r:r (Assn.lI) .)e 1re Government r petitioner \\'z r s W.P.No.21it34 r ui.de or cler cl t t consider tie e1r regularrzal ior L ,: fullilling all t :,, cccupation in terms of G.O.Ms.No.l,9 Revenue -,ment, dated 30.12.2014, issuerl b1. rhe r : when the same was not con ;icle red, the r:onstrained to file a writ p,:titi,rr-r uide ' 2.023 on the hle of this Court anc thLs Court. 2024, directed the respondent a rrhr,ritlos to :lication submitted by the petitioner- sei:king for 'the subject property, subject to the petitioner conditions laid down in the sarcl G ). The further casc of ,he petitioner is that in terms oi tl-r: orders passed b1- this ( Endorsemen t rejectir-rg .he i ,rurt, respondent No.3 has issued tL e inrpugned ;d.e Lr.No.B/283 12023, dated 11.1O.2023 pplication for regularrzation of rhr: sutrject property stat illI [l-rat the subject land is assignecL La rd. The grievance OI t 1r:' same thro;5,1i . t:titioner is even though she has purr:hased the 'totarized document dated 02. 08 l. ! |t)g for valuable szLle c o r r,ideration and constructed the hous: i.nd also paying the p rcr r rrtv tax, the respondents have re- cc ted the application fc r , gularization stating that the subje,:t land is assigned latl(l J CVBR, J Wp 1260 2025

4. Mr. H. Somaiah Ezra, learr.ed Assistant Government Pleader for Assignment has vehemently contended that since G.O.Ms.No.59 Revenue (Assn.ll) Department, dated 3O.12.2014 is not applicable to the lands which are classihed as assigned lands, there is no illegality or irregularity in the impugned order passed by respondent No.3 and hence prayed this Court to dismiss the writ petition

5. This Court has carefuily examined the impugned Endorsement uide Lr.No.B I 283 I 2023, dated 1 l. lO.2023' issued by respondent No.3, wherein, it is stated that as per the revenue records, the subject land situated in Sy.No.1O0, is purely assigned land and as such, the question of reguiarizing the same in terms of G.O.Ms.No.S9 Revenue (Assn.ll) Department, dated 30.12.2014 does not arise and respondent No.3 has rightly issued the impugned Endorsement. In fact, if there is violation of the conditions of the assigned lands, the State is having power to resume the said lar-rds. 6, In view of the aforesaid discussion, this Writ Petition is misconceived and is accordingly dismissed. However, as and when the Government frames any scheme to regularize the assigned lands either as house sites or agricultural lands, the I I 4 CVBR, J t\ p ,260 2025 petitioner is z r liberty to make an application in r e rlr s of the said scher-re. I r rther, since it is stated that the p(,riti(]ner has constrlrctecL tr L l,:se in the assigned land, the respordents are directed tc lollo \ rhe due procedure before initi.tir.rrS zrrrr ar:tion over the subirtr't I rroperty of the petitioner. As a se cl l, the miscellaneous petitions pen(ling, if any, shali stancl clcsr r[. There shall be no order as to cos,s //TRUE COPY// SD/.A. PRATHIMA AbSIsTANI REGISTRAEI SECI ION OFFICER .t /- Air ,'l

1. One CC tcr SU \.rAY KUMAR MADISETTY Advbbate [OPUC] 2. Two CCs to (]l' :r)R REVENUE ,High Court for the State of Telangana

3. One CC tc, Kl\tll lr\N LAXMIAH S.C FOR MUNCIPALITY 4. Two CD CoPiets To, DD BS gt!, HIGH COURI' DATED:101031 ',025 ORDER WP.No.7260 o' 2025 g1 ATE f o r) \\ st{ I d llt ' .r' =:\or:- s i\r/i :,/ DISMISSING 'I{E WRIT PETITION WITHOIJT COSTS 6 \vt' \\

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