T. Bharjrang S/o. T. Prem Singh v. Municipal Administration Department

Counsel for the Respondent No.2: SRI C. BUCHI REDDY, SC FOR TSHB The Court made the following: ORDER TI{E IION'BLE SRI JUSTICE K. LAKSIIMAN WRIT PIiTITION No. l9768 of 201i0 0ttt)ER I leard Sri I(. Siddharth Rao, learnecl counsel for pctitioner and Sri C. Buchi Reddy, learned Starrding (lounsel fbr"felangana Housing Board appearing fbr 2"d r,ispoltdent

2. ,t\ccording to the petitioncr, he is in possc.rsion ol'48.33 Sq.yalrls ol land situated adjacent b Block \o.7, pay & Accourrts Otlice o1' Mukarram Jahi Road, orr the \\,ay to Exhibition Clounds, since last 25 years uninterr.r.rptedly,,. He is running a'l-ea Stall in the said land. His possesjion rvas also lccorclcd in tlie rccorcls and proceedings of 2nd rr:sponclent and the sarne has been acknorvledged by lroth the responclents in various. proceedings 3 Ir. is fiu'ther contended by petitioner- that t., restrrondent has issrrecl Ci.O.Ms.No.20, IJousing, Municipal Acilninir;tratiou & Urban Developrnent Deparhnent, dated 11.06.t9u4 fiaming celtain policy guidelincs to be adopted and Ibllorvcd lty ,' 2 KL, J W.l' No l97r,ll nl ,0rrr 2nd rcspondent on the subject ofdisposal ofstray pieces ofland which are less than 100 Sq.yards in size other than footpaths and road margins, belonging to it, on payment of rnar.ket value.

4. Pursuant to the said G.O., petitioner has submitted a representation to the respondents stating that he is r.eady to pay the market value and requesting tlrern to allot the said tand in his t'avour. Respondents have not considered the samc. Thcreibre, he has filed a Writ Pctition yirle W.p.No.2l90l ol-

1994. Vide order dated 23.03.1995, the crstwhile tligh Coufl of Andhra Pradesh disposed of the said Writ petition directing 2''d respondent to fix the market value of the said land. Feeting aggrievecl by the said order, r-espondents prelened an intra-court appeal vide W.A.No.849 of 1995. Thc sarne was dismissed on 13.10. I995. Thereafter also, petirioner approached 2''d responrJent with a r-equest to fix the mar.ket value in ten.ns of the order dated 23.0i.1995 in Writ petition No.2l90l of 1994. Subsequently, on 11.11.1996, 2''d respondent has issuecl a notice calling lor the petitioner. 1o 3 (t-,., r\ lr No.I9768 ol 2(rl O pay an amount oI I{s.9,10,299l- within a period o1- one uonth fbr the ,:xtcnt of 48.33 Sq.yards of land held in hrs possessitrn' In the s,aitl notice,2"'1 respondent informed the;retitioner that no ncgotiations would be acccptecl frorn lrirn. Agp.r'ieved by tJre 5nld n(rtice, petitiotlct' has filed anothet' Writ ['etitit:n lidc W.t'].No.26839 of 1996 contending that 2"d respondent did not fir the markct value and the said notice dated .I.I1.1996 is contrari/ to the order dated 23.0i.1995 in 'Vrit Petitior No.2l90 I ol' I994. Therertpon, r'rrle order daterl 29.09 2008, the erstwhile IIigh Courl of Andhra l'r'aclesh alknved the said W.P.No.2(r839 of 199(r. The conclusive porlion of the said ordel clated 29.09.200ti reads as under ''l thcrelbre do not find any justilication in allou'iug thc llousing Boa[d to enlrrltrce thc tnarkct l'alt c by 5.lui, above l(s.10,0001 pcr Stl.yard l do not als, firtd aur,.justilication 1or the Housing Boartl to challre thc encroachrrcut l'ee lixcd by thcrn fbl thc l]eriod b( \ ond Novcmbcr, 1995. l'herefore, subjcct to thc pavnrut of markct value at the rute ol lls.10,0001 per sq. l rrd as dctermincd by tlic Housing Board and togethcl with the cncroaclulcut fee firr the pcriod bclu'een Dcccmber-. 199:t to Novcnrber, 1995 at thc rirtc of Rs.6l(r7.37 pcr tnonth and Rs.l50/- and Rs.50/- 4 RL,.' W l'No 19768 ol 20l0 towards prepamtion oI the registration plans and convcyancc charges rcspectivcly by thc l)etttioner on or belore 3 l. 12.2008, the H(lusing Board is directed kr aliennte tlre lancl untlcr occupation ol' thc \\,rit pctitioncr to hrn. -l'hc writ petrtion stanrls allnwed. No costs. "

5. It is thc specific contcution ol the pctitioner that thougli the crshvhile High Court of Andhra Pradesh dirccted thc respondents to calculate tlte antount including tlrc market value, regish'ation chargcs, conveyancc charges ctc., aud inlbuu the sanrc to thc petitioner, they havc not inlbrnted the petitior)cr on or beft)r'c 31.12.2008. Therefore, petitioner has submittcd a rel)resentation dated 30. 12.2008 to 2"d respondent witll a rcquest to inlbrur the arnount to be paid by hint so:rs to enablc hirn to pay the said amount in compliancc wil.h thc aforcsaid order. Oll receipt of the said fepreselltat ion, r,l./c [ettcr datcd 31.12.2008, 2'"r lespondeut lras inlorrned thc petitioncr that the total cost ol'rhe said land is Rs.5,(r8 ,708.44 and as pctitionel has already paid an arnount of Rs. 1,00,000/- pursuant to the interim order datcd 30.01.1997 in Writ Petition /; No.26839 of' 199(r, balance arnount to be ;;aid IS 5 Kt_,.1 lV P N(,. lr) ra8 0l 20 l0 Rs.4,6tt,70ti,44, and thus, directed thc petitioncr ro ltay thc said anrount lvithin one ntonth fl'om the date of the sairl lettcr. (r. lt is also the specilic contention of ltetiti,.rncr tiirl vitle l)enrand Dralt bealing No. 1j4063 datcd 29.01.]t()09 clrawn on Statc Ilank ol' India, he has paid an arnount of' Its.4,(r8,71()/-. llvcn t.hen, 2"'r responclent is not cxcouting a rcgrstcrccl sale deed in his lavour iu rcspcct of the subjcct pl.ol)cr.ty. Tlrcr.cli-,rc, he has tlled the l)r'esellt Writ Petition.

1. I.'rrle older dated 11.08.20 10, consider.inr tlie lact that the rilrht o1' thc petitioner b claint rcgular ization unrler G.O.Ms.No 20 dated ll 06.1984 is crvstallizc.l anrl as rhe petitioner has paid an anlouliI ol- ILs.4,68,710i- rrr conrpliarrce u,ith the olcler datcd 29.09.2001i in Wr.it Petitior No.268i9 of 199(r, the erstn,hile lligh Court ot'z\ndlrra I,radesh rvhile admitting this Writ Pc(ition, clirectcd respor dcnts not to interlclc u,ith the peaccfuI ltossession and .]njoynlent of 6 lil,,,, W.l'No 19768 ol .20l0 petitioner, not to crcate third party interest and not to disposscss him fiorn the subject propedy

8. Leamcd Stancling Counsel appearing lor 2''d respondent rvould contend that vidc ordel dated 29 09.2008 in Writ Petition No.26839 ol t996, the erstwhile High Court ol Andhra Pradesh directed the petitioner to pay the entire amount within one rnonlh i.e., on or betbre 31.12.2008, but, the petitioner failed to pay the same. Even in the order datcd

02.12.2009 in Conternpt Case Sl{ No.4440 of 2009, the erstwhile High Court o1- Andhra Pradesh observed the same Therefore, petitioner is not entitled fol registration of the subject properly

9. As discussed supra, vide ordcr dated 29.09.2008, this Coult allorvcd Writ Petition No.26839 of t996 holding that there is no justilication in allowing thc Ilousing Board to cnhance the market value by 54%o above Rs.10,000/- per sq.yarcl. Further', subject to the payrnent of market value (r9 l(s. 10,000/- per Sq.yard as detennined by the Housing /'. 7 f:1,..J '.1.P No 11768 ol ,rOtO Board and togcther witli encroachrncnt l-ce fbr the peliod lrom Decernber, 1994, to November, 1995, Gq Rs 6)67.37 ps per month and Rs.150/- & Rs.50r- torvalds preparation of the rcgistration plans and convcyarlcc chargcs respectively by the petitiorrcr on or befble 11.12.2008, thc Housin: Lloald shall alicnatr: the said land under occupation of the petitioncr to him. 10 T'hus, 2"'r rcsponclent has to inlbrm the p,:titioner with regarcl to thc amount to be paid by the pctitio'rcl inolucling n'rarket value of the lancl, conveyance charge:;. r egiih'ation charges, etc.. in tenns of G.O.Ms.No.20 dated I L06.1984 and in compliance rvith the order datcd 29.09.2008 in Writ Petition No.26839 ot'1996. But, he was silent. Furlher', l)etitioncr has submitled a reprcscrltation datcd i0.12.200ii retluesting 2'"r responclent to in[brm thc antount to bc paid by hinr under the afblesaid Iacts in cornpliancc rvith the afcrrcsaicl ordcr. 'l'heleupon, r,ide lctter dated 31.12.2008, ?'"r resltond,:nt has inlomred thc petitionel that he has to pay an amount of .}.,, 8 KL,.I W.l' No.I97(r8 ot 2010 Rs.5,68,701t.44 ps. but as he has already paid Rs.1,00,000/- pursuant to the interirn order dated i0.01.1997, baiance to be paid is Rs.4,68,708.44 ps. and he shall pay the same within one ( t ) montl'r ft'our the datc of the said lettcr, failing which, action will be taken as per rules. tt is not in clispute that petitioner l.ras paid the said amoun[ on 29.0 1.2009 vide Dernand Dlaft No. 134063 drawn on State Bank of India. Therefole, 2"d responclent cannot contend that petitioner lras not paid the said arltount within one month frour the letter clated 31.12.2008. Victe letter dated i1.12.2008, 2"d respondent itself infon.ned the petitioner that he has to pay the balance amount of Rs.4,(r8,708.44 ps. Accordingly, vide Denand Draft dated 29.0 1.2009, he has paid thc said amottnt. Having leceived ttre said arnount ol Rs.4,68,708.44 ps., now, 2"d respondenl cannot contcnd that petitioner did not pay the amourlt within the aforesaid tirne lirnit. Therefore, the said contcntiorr is contrary to the order dated 29.09.2008 in Writ Petition No.268i9 of 1996 and letter dated 31.12.2008 of 2"d resporrdent. ::: x**f*s'i:{F.r-"-li,' .:rl,i:;:.:' '-:..i'6{j1'j':.-}.:. a: -rl. 9 iiL, .l \'". ) No 19?68.1201o I 1. In the light oIthe above, this Writ petition is disposed ol directing 2"'t rcsponclent to execute a rcgister.ec sale rleecl in favour of thc petilioner rvith regarcl to the sutr,iect propefty within cne (l) rnonth hom the date of'receipt ol.copy of this -['here order'. shall be no order as to costs Miscellaneous applications, if any pendinl.: shall starrd closed. SD/- L. VIJAYA LAXMI ASSISTANT REGISTRAR NOTE: That the extent of land at Paragraph No.4 of the order dated 7{ito+tZOzs in W.P.No. 19768 of 2010 is corrected and strbstituted as "48.33 Sq yards" as per the orders of Hon'ble Court dated 26 '08 '2025 in lA No. 1 ot 2025 This Amended order shall substitute the earlier ordr:r which has already been dispatched on 10.07.2025 L. VIJAYA LAXMI ANT REGISTRAR Si P/- Y '$ECTION OFFICER u l n stration Department, To, ,TRUE COPY//

1. The Principal Secretary, Housing and lr,4unicipal A Secretariat Buildings, HYdera Ivlukararnjahi Road, Hyderaba bad. 2. The Secretary, Telangana Housing Board , GruhakalPtai ComPlex, d 3. One CC to SRl. 4. Two CCs to GP DEVEL(lPI\,4ENT 5. One CCr to SRl. 6. Two CD, Copies K. SIDDHAR TH RAO, Advocate [OPUI]l FOR MUNCIPAL ADIVI INISTRATION I!'N D URBAN ,High C, BU Court for the State of Telan CHI REDDY, SC FOR TSH 9a B [or)uc] na at Hydr:rabad [OUT] B I\4 tl)- HIGH COURT DATED:2910412025 2610812025 AMENDED ORDER WP.No.19768 of 2010 9 I i c t J ir\f(. 1ti SEP 205 D,: \-' ,/ DISPOSING OF THE WRIT PETTTION WITHOUT COSTS (r \a \* 1--\ 1