The High Court · 2025

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 Writ Order or direction mor;e particularly one in the nature of Writ of ManQamus declaring the action of the Respondents herein more particularly the respondent No.3 without considering the application filed by the Petitioner for Regularization under G.O.Ms.No.747, dated 18-06-2008, Revenue, acknowledgment dated 30 08-2008, in respect of Land in Survey No.303 to 306, admeasuring 2000.00 square yards, situated at Bandlaguda Mandal, Hyderabad pistrict, T.S., as illegal, arbitrary and unjust and direct the Respondents to ccinsider the Regularization Application No. 549, declaration No. J/83-87i87 and i:t the Special Officer Competent Authority ULC, filed by the Petitioner under G.O.Ms.No.747, dated a '18-06-2008, Revenue, acknowledgment dated 30-08- 2008, in respect of Land in Survey No. 303 to 306, admeasuring 2000.00 square yards, situated at Bandlaguda Mandal, Hyderabad District, T.S. lA NO: 1 OF 2024 Petition under Section 151 QPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct tho respondent No.3 ngt to interfere and not ta demolish the Petitionqrq property in respect of Land in Survey t',lq 303 to 306, admeasuring 2000 09 gquare yards, eqqivalent to 418.05 sqqarq meters, situated at Bandlagu0g llandal, Hyderabad District, T.S., pending disposal of the Writ Petition A NO: oF 2024 9et.ween: t. the State of Telangana, Revenue Department, Rep by its Principal Secretary, Tplangdna Secretariat, Hyderabad.

2. The District Collector, Hyderabad Diskict, Having office at Lakdi Ka Pool, Hyderabad, T.S.

3. The T?hsildar Bandlagufla Mandal, Hyderabad District, T.S. 4. The Qpecial Officer and Compefent Authority, Urban land Ceillng, Hyderqpad, Chandra Vihar, Nampally, Hyderabad, T.S. ... PETITIONER/RESPONDENTS AND Syed Hameedullah Hussaini, S/o Syed Peer Pasha Hussaini, Aged about 39 years, Occ. BuSiness, R/o H No 17-7-21A. Masjid-E-Almas. Dabeerpura, Hyderabad, T.S. .,.RESPONDENTSM'RIT PETITIONERS Petition under Section 151 CPC praying that in the cireumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed in l.A.No.1 ot 2024 in W.P.No.20921 of 202(, dated 12.09 2O24 I tl. W.P.No.18746 OF 2024 Between: Mohd. Basheeruddin, S/o Late Mohd. Mahmooduddin, Aged about 48 years, Occ Business, R/o H.No. 17-3-897191A, lst floor, Seeryar Jung Devdi, Yakutpura, Hyderabad, T.S. ...PETITIONER AND 1 2 9 4 The State of Telangana, Revenue Department, Rep by its Principal Secretary, Telangana Secretariat, Hyderabad. The District Cqllector, Hyflerabad District, Having office at Lakdika Pool, Hyderabad, T.S. Ihe Tehsildar, Bandlagu(a Mandal, Hyderabad, T.S. The Special Qfficer and Competent Authority, Urban Land Ceiling, Hyderabad, Chandra Vihar, Nampally, Hyderabad, T.S. ...RESPONDENTS Petition under A(icle 2?6 at the CgnstitutiQn of lndiq prayilg that in the circumslances stated in the affidavit filed thqrglvith, the lJigh Cgurt may be pleased to issue writ ordqr or direction more partiqularly one in the nqlure of writ q( Maqdalnus , dqclaling tlle actign of the Re$pgndents he[ein more particularly tha respon(ent No.3 in interf.ering and demolishing the Petitigners property pending the applicalions filed by the Petitioner for Regulqrization r,rnder G.o.Ms.No.747 datp 18t9612007, Revenue, qc[nowledgment dqted 28t}Bt20g8, in respegl of Land in Survey No 303 to 306, sflmeasuting 500.Q0 sou4re yal:ds, gquivalent t9 418,0! square rnetqr$, situated gt Bandlaguda Manflg!, Hyderapqd District, T.$'' as illegal, arbitrary and unjust and direct the Respondenl No, 3 not to inlqrfere and demolish the property. IA O:1OF 2024 letrtion under sectiqn 151 qPc praying that in ttre cirqumstances stated in the affidavit filed in support of the petition, the High coud may be pleased to direct the respondent No.3 not t0 interfere and not to demolish the Petitioners property in respect of Land in Survey No. 303 to 306, admeasuring 500.00 square yards, gquivalgnt to 418.05 square meters, situated at Bandlaguda Mandal, Hyderaba( Diqtrrct, T.S., pending disposal of the Writ Petition. lA NO: 2 OF 2024 Between:

1. The State of Teiangana, Revenue Department, Rep by its Principal Secretary, Telangana Secretariat, Hyderabad.

2. The District Collector, Hyderabad District, Having office at Lakdika Pool, Hyderabad, T S 3 The Tahsildar, Bandlaguda Mandal, Hyderabad, T,S. ,,.PETITIONER ANP Mohd Basheeruddin Business, Rio H.No Hyderabad, T,S S/o Late Mohd 17-3-897tgtA, Mahmooduddin, Ageo apout 48 years, QcQ 'lst flcoi, Seeryar Jung Devdi, Yakutpura, ...REQPONDENTS Petition under Section 1 51 CPC praying thal in the circumstances stated in the affidavrt filed in supporl of the petition, the High Court may be pleaqed ta vagatg theinterimE4tensionorderspasse{inl.A.No,1 of 2024 inW.P.No,187aq9f 2p?4, da\ed 12 09.2024 Counsel for the Petitioner : SRI MIRZA SHAH NAWAZ BAIG geqnsQl for the Respondents: GP FOR ASSIGNMENT The Coqrt made the following: COMMON ORDER THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION Nos. 2O92l and 1A746 of2024 COMMON ORDER: ' The issue involved in both the writ petitions is intrinsically interconnected and therefore, they are taken up and heard together and are being disposed of by this common order.

2. W.P.No.2092 I of 2024 is flled seeking following relief: "...to issue an order or direction more partianlorlg one in the noture of Wit of Mandamts declaing the action of the Respondents herein more partianlarty the respondent No.3 utitlaut consideing the application filed bg the Petitioner for Regvlarization under G.O.Ms.No.747, dated 18.O6.2OO8. Reuerute, acknouledgment dated 3O.O8.2O08, in respect of Land in Surueg No.3O3 to 3O6' admeasuing 2OOO.OO square gards, situated at Bandlaguda Mandal, Hgderabad Distict T.5., as illegal arbitrory and unjust and' d.irect the Respondents to consider the Regularization Application No.549, declaration No.J/8387/87 and the Special Offtcer Competent AuttDitg ULC filed bg the Petitioner und"er G. O. Ms. N o. 7 4 7, date d 1 8. O 6. 2 O O 8, Reuenue acknouledg me nt d.ate d 3O.O8.20O8 in respect of land in Surueg No.3O3 to 3O6 ad-measuing 2OOO.O0 square gards, situated at Bandlagtda Mandal, Hgderaba.d Di.stict T.5., and pass..."

3. W.P.No.18746 of 2024 is frled seeking following relief: '...to issue a issue a uLit order or direction more particularlg one in the nnture of ulit of Mandamus, declaing tle action of the Respondents herein more particularlg the respondent No.3 in interfeing and demoli.shing the petitioners propertg pending the applicotions filed by the Petitioner for Regularization under G. O. Ms. No. 7 47 dated I 8. O6. 2 O07, Reuenue acknouledgment dated 28.O8.2OO8 in respect of Land in Surueg No.3O3 to 306 admeasuing 50O.OO square gards equiualent to 418.05 square neters, situated at Bandlaguda Mandal, Hgderaba.d Dist.ict T.S-, a-s illegol, arbitrory and unjust and direct the Respondenl No-3 not to interfere and demolish tlrc propertg and Pass..." I I I I i t: 2

4. For the sake of convenience, W.P.No.18746 of 2024 is taken up as leading case to decide the lis in these cases

5. Considered the submissions of the learned counsel for the petitioner and Sri H. Somaiah Ezra Shastri, learned Assistant Government Pieader for Assignment appearing for the respondents.

6. It is stated that the petitioner has purchased the land admeasuring 500.00 sq. yards, in Sy.Nos.303 to 306, equivalent to

418.05 square meters, situated at Bandlaguda, Hvderabad District, T.S., under registered Agreement of Sale-cum-General power of Attomey yide document No.14230 of 2005, dated 29.11.2O05 and he is in possession of the said property since long time. It is further stated that the subject land which is in possession of the petitioner is excess land and therefore, in terms of G.O.Ms.No.747 dated 18.06.2007, the petitioner has submitted an application seeking regularization of the subject property duly paying necessary amounts towards regularization fee vide Application No.549, declaration No.J / 83-87 / 87 . The grievance of the petitioner is that the respondents, without considering the application submitted by him for regularization of the subject property, are frequently interfering with his peaceful possession and are makirrg efforts to dispossess him from the subject land. 7 \ J

6. Learned Assistant Government Pleader for Assignment appearing for the respondents submitted that after considering tJre application submitted by the petitioner for regularization of the subject land, the respondents have rejected the said application ude Memo No.Jl747 l52O8l2OO8, dated O2'O8'2O19 as the petitioner is not entitled for the same'

7. Sri B. Mayur Reddy, learned Senior Counsel representing M/s. Mirza Shah Nawaz Baig, Iearned counsel for the petitioner has vehemently contended that except enclosing the copy of the said memo rejecting the application submitted by the petitioner to tJle counter affrdavit, there was no document to show the communication whatsoever about the rejection orders to the petitioner. S.Inviewoftheabove,thisCourtisoftheopiniontlratthe relief sought for in both the writ petitions has become infructuous in view of the orders passed by the respondents rejecting the applications submitted by the petitioners in both the writ petitions vide Memo No.J 1747 /5208/2008' g. Accordingly, both the writ petitions are disposed of granting Iiberty to the petitioner to assail the validity or otherwise of the rejection order before the appropriate forum within a period of two t I 4 (O2) months from today. Till such time, the respondents are directed not to ta-ke any coercive action over the subject lands of the petitioners in both the rvrit petitiorrs.

10. The Writ Petitions are accordingly disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed. No costs //TRUE COPY// SD/-MOHD. ISMAIL TANT REGISTRAR To, Hyderabad, T.S. Telangana Secretariat, Hyderabad. E TION OFFICER 1. The Principal Secretary, Slate of Telangana, Revenue Department, 2. The District Collector, Hyderabad District, Having office at Lakdi Ka pool, 3 The Tahsildar, Bandlaguda Mandal. Hyderabad District. T.S 4 The Special Officer and Competent Authority, Urban Land Ceiling, 5 One CQ to SRI MIRZA SHAH NAWAZ QAIG, Advocate IOPUCI 6 Tyuo QCs to GP FOR ASSIGNMENT, High Court fdr rh6 State'of Tetangana. 7 Two CD Copies. Hyderaf,ad, Chandra Vihar, Nampally, Hyderabad, T.S. PSK 6 HIGH COURT DATED:2010212025 COMMON ORDER WP.Nos.20921 &18746 of 2021 ( R + I 1t{E }TAT6 t c.]. l' a 2 2 l{AR 2l?5 DEsPArr DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS €oroqf"d W