✦ High Court of India · 16 Apr 2025

The High Court · 2025

Case Details High Court of India · 16 Apr 2025

8. Siripuram Srinivas, S/o. Late S. Laxminarayana, Aged about 51 years, Occ. Business, R/o. H. No. 13-631F2, Giri Apartments, Yadav Nagar, Malkajgiri, Hyderabad. -

9. Siripuram Neelaeni, Wo. Siripuram Srinivas, Aged about 47 years, Occ. Housewife, Rl/o. H. No. 13-631F2, Giri Apartments, Yadav Nagar, Malkajgiri, Hyderabad. 't0.K. Pradeep, S/o. K. Nageswara Rao, Aged about 45 years, Occ. Employee, Rl/o. H. No. 7-3-348, Ricob Bazar, Khammam.

11. Donga Sreenivas, S/o. Donga Venkateswara Rao, Aged about 58 years, Occ. Govt Employee, Rl/o. H. No. 2-3-4011 , Nizamuddin Colony, Sirpur Kagaznagar, Adilabad District.

12.T. Venkatesh, S/o. T. Laxmi Narayana, Aged about 45 years, Occ. Service, Rl/o. Flat No. 201, Plot No.46, RKH Colony, AS Rao Nagar, Hyderabad. l3.Adunuthula Anitha, Wio. A. Ramesh, Aged about 42 years, Occ. Housewife, Rl/o. H. No. 1-3-20lCH 16 and17 (P), Chalasani Hills, Vampuguda, Gopal Nagar, Kapra, ECIL Post, Secunderabad.

14. Kudupudi Sreedhar, S/o. K. Surya Sitaramam, Aged about 44 years, Occ. Private Employee, Rl/o. H. No. 1-9-69/1 , Street No. 18, Ramnagar, Hyderabad.

15. Rayudu lVlanikya Chaitanya, S/o. R. Rama Mohan Rao, Aged about 41 years, Occ. Bank Employee, FL/o. Flat No.301 A, H.No. 10-2-289/1.20, Siena Grand, Shanthi nagar, Masab Tank, Hyderabad.

16.Rayudu Deepak Chaitanya, S/o. R. Rama Mohan Rao, Aged about 36 years, Occ. Private, Employee, R/o. Flat No.302, Prithivi Nagar, Sri Vensai Projects, Kompally, Medchal.

17.K. Anuraga Jyothi, W/o. K. Pradeep, Aged about 45 years, Occ. Employee, . Rl/o. H. No. 7-3-348, Ricob Bazar, Khammam.

18. G. Venkata Srinivas, S/o. G. Suryanarayana Murty, Aged about 56 years, Occ Govt Employee, R/o. Plot No.203, Venkata P|aza, Astabhula Teimple, Anand Bagh, Malkajgiri, Hyderabad.

19.P. Janardhan, S/o. Late P. Ram Narayana, Aged about 55 years, Occ. Govt !mployee, R/o. H. No. 17-10'l-95, Chennapoor, Balaji'Nagar, Yaprat, Shameerpet Mandal, RR District.

20.G. Anuradha. W/o. G. Ramesh, Aged about 55 years, Occ. Housewife, R/o. Flat No.2, Plot No.123, Sri Sai Residency, MJ Colony, Moula Ali, Hyderabad. 2'1. G. Ramesh, S/o. G. Venkatesham, Aged about 70 years, Occ. Retd. lmployee, Rl/o. Flat No.2, Plot No.123, Sri Sai Residency, [\/J Cotony, Mouta Ali, Hyderabad

22.T. Lakstmi Satya Prasanna Kumar, S/o. T. Krishna lr/urthy, Aged about 63 years, Occ. Govt Employee, Fl/o. Plot No.15, H. No. 49-54-i 5/3,11, 2nd fioor, Radha Krishna Nagar, BS Layout, Viskhapatnam.

23.J. Naresh, S/o. Late J. Narsimha, Aged about 40 years, Occ. Employee, R/o. H.No.9-120/2, CPI Colony, Balaji Nagar, JJ Nagar, Shameerpet Mahdal, RR District.

24.C. Karunakar, S/o. C.R. Mohan Rao, Aged about 45 years, Occ. Business, Rl/o. Plot No.1, Raghavendra Nagar, Nacharam, Hyderabad.

25.N. Jyoth-sna_Rani, Wo. N. Anand Mohan, Aged about 40 years, Occ. Housewife, Rl/o. H.No. 1-1-371, Prashanth Nagar, NlT, Hinmakonda, Warangal.

26.Ch. Sandhya.D"y,.Q{9, Rama Mohana Rao.T, Aged about 42 years, Occ. Housewife, N o. 4-7 -B I 2l c, Raghavendra Nagar, Nacharam, Secunderabad. 27. B. Srinivas, S/o. B. Seetha Ramulu, Aged about SB years, Occ. Business, - Enclave, MJ- Colony, lVloula Ali, No 42-50011, Flat No.30'1 , Sneha Hyderabad.

28. M. Vaidehi, W/o. M. Gurappa, Aged about 38 years, Occ. Housewife, R/o. Plot No.333, Krishna Nagar colony, Moula Ali, Hyberabad. AND 1 2 The State oJ Telangana, Rep. by its Principal Secretary, Revenue (Assignment) Department, Secretariat, Hyderabad.' The Collector, Speqal officer - cum- competent Authority, Urban Land Ceiling, Medchal-Malkajgiri District. ...PETITIONERS

3. The Revenue Divisional District. Offrcer, Keesara Division, tt4edchal- tValkajgiri ...RESPONDENTS a 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 order or orders or direction or ryrit more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in not finalizing and processing the applications of all the petitioners made in the year 2016 for regularization of their plots under the ULC Act inpsite of dismissal of WP No. 3l 183/201 1 as illegal, arbitrary, malafide, intentional, lethargic, abdication of duties and consequently direct the respondents No.2 and 3 to finalize the regularization of plots as petitioners in Sy No. 60/P and 650/P of Vampuguda Village, Kapra Mandal, Medchal-Malkajgiri District in accordance with GOMS No. 92, dated. 26-05-2016 in the interests of justice. lA NO: 1 OF 2023 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 respondents No. 2 and 3 to dispose of the applications of the petitioners for regularization of plots Sy No. 60/P and 650/P of Vampuguda Village, Kapra Mandal, Medchal-Malkajgiri District in accordance with GOMS No. 92, dated. 26-05-2016 pending disposal of the writ petition. Counsel for the Petitioner : SRI KOTHAPALLI SAI SRI HARSHA Counsel for the Rebpondents: GP FOR ASSIGNMENT The Court made the following: ORDER .r&;Ji*]":;. -/ HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.23852 of 2o23 ORDER: . This writ petition is filed seeking to declare thr: action of the respondents in not finalizing and processing the applications of all the petitioners made in the year 2016 for regularization of their plots under the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the Act, 1976) in spite of dismissal of W.P.No.31183 of 2011, as illegal, arbitrary and consequently prayed for other appropriate reliefs.

2. Considerecl the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioners are the plot owners of 200 sq. yards each in Sy.Nos.6O/P and 650/P, situated at Vampuguda, Kapara Village, Medchal-Malkajgiri District, having purchased the same through registered sale deeds. It is further stated that the petitioners are the bonafide purchasers of the said plots and they are not aware of the declaration filed by their vendors under the provisions of the Act, 1976. It is further stated that since declaration proceedings have not been notified and the registration process has not been prohibited under 2 CVBR, J Wp,23852 2023 Section 22-A of the Registration Act, 19O8 and the Rules made thereunder and no restrictions have been placed on the property for transactions/ registrations, the petitioners have lawfully purchased various extents of plots for the purpose of construction of the houses/dwelling units with their hard earnings. It is further stated that even though the petitioners have purchased the plots through registered sale deeds, they later came to know that the said plots purchased by them are vested in the State under the provisions of the Act, 1976. Therefore, the petitioners have made applications seeking regularDation of the said plots enabling them to enjoy the absolute rights over the plots by making construction. The grievance of the petitioners 1S that despite submitting applications for regularization the plots in terms of G.O.Ms.No.92, Rev (ULC-I) Dept., dated 26.05.2O16, their applications have not been considered till date. Hence, the present writ.petition. In view of the above, this Court, without expressing any

4. opinion on the merits of the case, deems it appropriate to dispose of the writ petition directing the respondents to examine the applications submitted by the petitioners for regularization of the subject plots and if the said applications fulfill all the h 3 C\tsR, J Wp_23852_2023 requirements in terms of G O'Ms'No'92, Rev (ULC-I) Dept ' d,ated, 26.05.20 16 and if the petitioners are ready to pay the requisite fee, consider the said applications: In the event if the petitioners are not entitled for the same and the lands are required to be utilized for the public purpose, the respondents shall pass a reasoned order and communicate the same to the petitioners. The said exercise shall be completed within a period of three (O3) months from the date of receipt of a copl'of this order.

5. With the above observations, this Writ Petition is disposed As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY, SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR SECTION OFFICER To,

1. The Princioal secretary, Revenue (Assignment) Department, Secretariat, State of T6langana, HYderabad'

2.TheCollector'specialofficer.cum-competentAuthority,UrbanLandCeiling' Medchal-Malkajgiri District.

3. The Revenue Divisional officer, Keesara Division, Medchal- Malkajgiri District.

4. One CC to SRI KOTHAPALLI SAI SRI HARSHA, Advocate lOPUCl 5. Two CCs to GP FoR ASSIGNMENT, High Court for the State of Telangana IOUI

6. Two CD CoPies. BSK GJP .L'J\, o| , -.-. .$ i! :t li r-) 1i,{il *\N ci( \$- i I : /,/' ,/ HIGH COURT DATE D: 1 610412025 ra' --) Qt \.{,i, \.f.,,' 'i a'tr; ;r ORDER WP.No.23852 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 'W

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