✦ High Court of India · 02 May 2025

High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,348 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 Mandamus, declaring the inaction of the respondent No.9 in not processing the application No. G/StMPU/000003/2020 dated 21.o9.2020 of the petitioner to regularize his plot i.e. Plot No.26, vacant land admeasuring; 250 Sq. Yds. in Sy. Nos. 540/489, situated in Peddaveedu Gram Panchayat, l/attampally Revenue Mdndal, Suryapet Revenue District, Huzurnagar Sub-Fiegistrar, under the Telangana Regularisation of Unapproved and lllegal Layout Rules, 2020 issued by the Government of Telangana as illegal, arbitrary, and r:ontrary to Article '14, 21 and 300-4 of the Constitution of lndia and consequently to direct the respondent No.9 to process the application No. G/SMPLI/000003/2020 dated 21 .O9.2O2O of the petitioner and regularize his plot i.e. Plct No.26, vacant land admeasuring 250 Sq. Yds. in Sy. Nos. 5401489, situated in Peddaveedu Gram Panchayat, I\ilattampally Revenue Mandal, Suryapet Revenue District, Huzurnagar Sub,Registrar, as per the Telangana Regularis;ation of Unapproved and lllegal Layout Rules, 2O2O by receiving the requisite rt:gularization charges from the petitioner in the interest of justice- l.A.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.9 to process the application No. G /SIt/PU/000003/2020 dated 21.09.2020 of the petitioner and regularize his plot i r:. Plot No.26, vacant land admeasuring 250 Sq. Yds. in Sy. Nos. 5401489, situated in Peddaveedu Gram Panchayat, [\,4attampally Revenue Mandal, Suryap:t Revenue District, Huzurnagar Sub-Registrar, as per the Telangana Regularisation of Unapproved and lllegal Layout Rules, 2020 by receiving the requisite regularization charges from the petitioner, pending disposal of the main writ petition Counsel for the Petitioner : SRI SANNIDHIRAJA MALLESWARA RAO Counsel for the Respondent Nos.l , 4, 5,7 & 9 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2 : GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel forthe Respondent Nos.3 & 6: GP FOR REVENUE The Court at the stage of admission made the foliowing OR.DER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PEIITION No. l3a2l of2O25 ORDER: This writ petition is filed seeking to declare the action of respondent No.9 in not processing the application No.G/SMPU/ OOOOO3 / 2O2O, dated 2 t.Og.2O2O of the petitioner to regularize his plot i.e., vacant iand admeasuring 250 square yards, in Sy.No.540/489, situated at peddaveedu Village, Mattampally Revenue Mandal, Suryapet District, under the Teiangana Regularization of Unapproved and Illegal Layout Rules, 2020 (for short, Rules, 2020,) 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 of at the admission stage.

3. It is stated that the petitioner is the owner and possessor of the plot i.e., vacant lald admeasuring 250 square yards, in Sy.No.540/489, situated at peddaveedu Village, Mattampally Revenue Mandal, Suryapet District, having purchased the same under a registered sale deed uide document No.42T6 of 2O2O, 2 -- .i \\ \ - CVBR, J tttp-t382lJ025 dated 06.07.2020. It is further stated that the petitioner's vendor has acquired the subject property through a registered partition deed uide document No.21 13 of 2014, dated Og.O7 .2014. It is further stated that since the dat': of purchase of the plot, the petitioner is in peaceful po:;session and enjoyment of the same. It is further stated that the Government has introduced Rules, 2O2O uide G.O.Ms.No.131 (I)epartment of Municipal Administration & Urban Developrnent), dated

31.O8.2O2O, for regtlaization of plots in unauthorized layouts on payment of regularization charges and in ternrs of the said GO and the Rules, 2O2O, t}j,e petitioner has r;ubmitted an application uide No.G/SMPU I OOOOO3 I 2O20, dated 2 1.O9.2O2O, on the file of respondent No.9, enclosing all requisite documents in support of his continuous possession and enjoyment of the subject plot. The grievance of the petitioner is that despite the petitioner has complied with all the requirements of the said Rules, 2020, the respondent authorities have not processed the application of the petitioner till date citing that tht: subject land is government land and is under prohibited list. Hence the present writ petition.

4. Learned Assistant Government Pleader for Revenue has submitted that the petitioner has made an application dated J CVBR, J Wp_13821 2025

21.O9.2O2O as per G.O.Ms.No. 131, dated 31.08.2020. However, Government has further issued G.O.Ms.No.28, dated 2O.O2.2O25 revising the policy enunciated under G.O.Ms.No. 131, dated 37.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 plots in un-authorized 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 before the Commissioner, Suryapet Municipality, for regularization of his 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 fulfills all the terms and conditions under the Rules, 2O2O, tlre I t 4 CVBR, J \\'p,1 3 82 1_2025 Commissioner, Suryapet Municipality, is directed to examine the same and pass appropriate orders in accordancr' with law.

6. With the above observations, the Writ PetitiorL is disposed of. There shall be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. V. HARI PRASAD REGISTRAR E Secrtoru oFFtcER To 1 The Principal Secretary, Department of Panchayat R Development, Secretariat Buildings, Saifabad, State Hyderabad. a and Rural Te,langana at - 2'ThePrincipalsecretary,DepartmentofMunicipalAdmini:;trationandUrban Development, Secretariat Buildings, Saifabad' State of Terlangana at Hyderabad.

3. The District Collector, Suryapet District' 4. The District Registrar, Suryapet District' 5. The District Panchayat Officer, Suryapet District' 6. Th" R"u"nre Divisional Officer, Huzumagar Revenue Division' i. The Mandal Parishad Development Officer' Mattampally lvlandal' 8. The Tahsildar cum Joint Sub-Reglstrar, Mattampally Mandal' 9. The Panchayat Secretary, Peddaveedu Gram Panchayat' iO *O CCS tO GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT' High Court for the State of Telangana at Hy-derabad [OUT]

11.T; CCS to GP FOR MUNICIPAL ADMINISTRATION AI'JD URBAN 12.Two CC's to G.P FOR REVENUE, High Court for the Stale of Telangana at DEVELOPMENT, High Court for the State of Telangana at Hyderabad [OUT] Hyderabad. [OUT] t3.One CC to SRt SANNIDHIRAJA MALLESWARA RAO' ACvocate [OPUC] 14.Two CD CoPies SA GJP /i; il3 l:J Sre ,c ? 6 ,lutl 296 o( l ,) HIGH COURT DATED:0210512025 ORDER WP,No.13821 o12025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.

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