✦ High Court of India · 09 Apr 2025

High Court · 2025

Case Details High Court of India · 09 Apr 2025
Court
High Court of India
Decided
09 Apr 2025
Bench
Not available
Length
1,323 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 an appropriate writ, order or direction, more in the nature of fVandamus, declaring the inaction of the respondent No.6 in not processing the application No. M/MANC/00023112O2O dated 10.09.2020 of the petitioner to regularize her plot i.e. vacant land admeasuring 350 Sq. Yds. in Sy. No. 2B3lA2, situated in Mancherial Village Suburb, Mancherial Municipality, Mancherial 'qlti}&t&.. Revenue Mandal, Mancherial Zilla Par.ishad, Mancherial District, Adilabad Registratlon District, under the Telangana Regularisation of Unapproved and lllegal Layout Rules, 2020 issued by the Government of Telangana as illegal, arbitrary, and contrary to Article 14, 21 and 300-,4 of the Constitution of lndia and consequently to direct the respondent No.6 to process the application No. M/MANC/00023112020 dated 10.09.2020 of the petitioner and regularize her plot i.e. vacant land admeasuring 350 Sq. Yds. in Sy. No. 2B3lA2, situated in Mancherial Village Suburb, lVancherial fvlunicipality, l\rlancherial Revenue lr/andal, lt/lancherial Zilla Parishad, l\,4ancherial District, Adilabad Registration District, as per the Telangana Regularisation of Unapproved and lllegal Layout Rules, 2020 by receiving the requisite regularization charges from the petitioners in the interest of justice. IA NO: 1 OF 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 respondent No.6 to process the application No. lv/lvANC/0oo231t2o2o dated '10.09.2020 of the petitioner and regularize her plot i.e. vacant Iand admeasuring 350 Sq. Yds. in Sy. No. 283lAZ, situated in Mancherial Village Suburb, Mancherial tVlunicipality, [Vlancherial Revenue lVandal, Mancherial Zilla Parishad, lt/ancherial District, Adilabad Registration District, as per the Telangana Regularisation of Unapproved and lllegal Layout Rules, 2020 by receiving the requisite regularization charges from the petitioners, pending drsposal of the main writ petition. Counsel for the Petitioner: SRI SANNIDHIRAJA MALLESWARA RAO Counsel for the Respondents No. 1,4,5,6: AGP FOR REVENUE Counsel for the Respondents No. 2 & 3: GP FOR STAMPS & REGISTRATIONS Counsel for the Respondents No. 7: SC FOR MANCHERIAL MUNlClpALlTy The Court made the following: ORDER I ; I a ( i.n' \a. o, J HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.10546 of 2o25 ORDER This writ petition is hled seeking to declare the action of respondent No.6 in not processing the application No.M/ MANC/ OOO23| I 2O2O, dated lO.O9.2O2O of the petitioner to regularize her plot i.e., vacant land admeasuring 350 sq. yards, in Sy.No.283/A2, situated at Mancherial Village, Mancherial Revenue Mandal, Mancherial District, under the Telangana Regularization of Unapproved and Illegal Layout Rules, 2O2O (for short, 'Rules, 202O) issued by the Government of Telangana, as illegal, arbitrary and consequently prayed for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed at the admission stage.

3. It is stated that the petitioner is the pattadar and possessor of the plot i.e., vacant land admeasuring 350 sq. yards, in Sy.No.283/A2, situated at Mancherial Village, Mancherial Revenue Mandal, Mancherial District, having acquired the same through a registered gift settlement deed uide 2 CVBR, J Wp_10546 2025 document No.112O3 of 2017, dated 13.12.2017. lt is further stated that the petitioner's donor has acquired the subject property through a registered partition deed uide document No.9337 of 2Ol7 , dated 20. lO.2O17 . It is further stated that since the date of purchase of the plot, the petitioner is in peaceful possession and enjoyment of the same. It is further stated that the Government has introduced Rules, 2O2O uide G.O.Ms.No.131 (Department of Municipal Administration & Urban Development), dated 31.O8.2O2O, for regularization of plots in unauthorized layouts on payment of regularization charges and in terms of the said GO and the Rules, 2O2O, the petitioner has submitted an application uide No.M/MANC/OOO231 /2O2O, dated 1,O.A9.2O2O, on the hle of respondent No.7, enclosing ali requisite iocuments in support of her continuous possession and enjoyment of the subject plot. The grievance of the petitioner is that even though she has complied with all the requirements of the said Rules, 2O2O, tLre respondent authorities have not processed her application till date citing that the subject land is Government land and is under prohibited 1ist. Hence the present writ petition.

4. Learned Assistant Government Pleader for Revenue has submitted that the petitioner has made an application dated I -) I : I 3 CVBR, J wp_1o546 2O2s IO.O9.2O2O as per G.O.Ms.No. 131, dated 31.O8.2020. However, the Government has further issued G.O.Ms.No.28, dated 2O.O2.2O25 revising the policy enunciated under G.O.Ms.No.131, dated 31.O8.2O2O for regularization of the regularization of plots in unauthorized layouts under the provisions of the Rules, 2020. Therefore, the application submitted by the petitioner has not been considered by the respondent authorities and if the petitioner makes an application under the revised GO issued by the Government, the respondent authorities would consider the same

5. In view of the above, since it is stated that pending adjudication of the application submitted by the petitioner, the Government has issued G.O.Ms.No.28, dated 20.O2.2025 revising the policy enunciated under G.O.Ms.No. 131, dated

31.O8.2O2O for regularization of the regularization of plots in unauthorized layouts under the provisions of the Rules, 2020, this Court deems it appropriate to dispose of the writ petition permitting the petitioner to make a fresh application for regularization of her plot under the revised policy uide G.O.Ms.No.28, dated 2O.O2.2O25 and if it is found that the petitioner is eligible and fulfiIls all the terms and conditions <-- f t I I I I i I I I l I i i ! I i I i l 4 CVBR, J Wp_10546 2025 under the Rules, 202o, respondent No.7 is directed to examine the same and pass appropriate orders in accordance with iaw. r_i With the above observations, the Writ petition is disposed 6 As a sequel, the miscellaneous petitions pending, if any, shali stand closed. There shall be no order as to costs. //TRUE COPY// SD/.K.BHAVANI SWAMY ASSISTANT REGISTRAR ruL SECTION OFFICER \ t I To, 1 Principal Secretary, Department of Revenue, Secretariat Buildings, Saifabad, The State of Telangana, Hyderabad. Principal Secretary, Department of Stamps and Registration, Secretariat Buildings, Saifabad, The State of Telangana, Hyderabad. The Commissioner and lnspector General of Stamps and Registration, MJ Market Circle, Jambagh, Nampally, Hyderabad. The District Col lector, I\rlancherial Disrtict. The District Registrar, Mancherial District. The Tahsildar cum Joint Sub-Registrar, [/lancherial lrrlandal, [/ancherial Disrtict. One CC to SRI S.IVALLESWARA RAO Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana, at Hyderabad [OUT] One CC to SC FOR IVANCHERIAL I\4UNICIPALITY [OPUC] Two CD Copies o. a 4 5 6 7 8 o '10 11 BGS GJ HIGH COURT DATED: 09104t202s f ORDER WP.No.10546 of 2O2S t;7: /i: !!; .e Cl" 10 AU8 zfifi i: il-fi ,l O6. DISPOSING OF THE WRIT PETTTION WITHOUT COSTS .dt

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