High Court · 2025
Case Details
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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS by declaring the action of the Respondent No.2 and 3 in not Regularizing my possession in respect of House No.1-8-392, situated at Balasamudram locality Hanamakonda Mandal and District by considering the Online application No.A0G022300308459, O1.1O1412023, under GO.Ms.No.58 AND 59 is illegal, arbitrary and also against the principles of natural justice consequently direct the Respondents No.2 and 3 to regularize the H.No.1-8-392, consisting of 359 sq.yards, in SY.No.1066 of Balasamuiram Locality, Hanmakonda Mandal and District, by considering the Online application No.A0G022300308459, Dt.10t412023. lA NO: 1 OF 2024 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 regularize the H.No.1-8-3g2, consisting of 35g sq.yards, in SY.No.'1066 of Balasamudram Locality, Hanmakonda fvtandat and District, by considering the Online application No.AOG022300308459, D1.101412023 pending disposal of the above writ petition. Counsel for the Petitioner: SRI D.Y.L.N.CHARYULU Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I I I HON'BLE SRI JUSTICE C.V.BTIASKAR REDDY WRIT PETITION No.29982 of 2024 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....1o issue ang order or direction u-trit or tuits more particularly on in the nature of WRIT OF MANDAMUS by declartng the action of the Respondent No.2 and 3 in not Regulariztng my possession in respect of House No. I 8 392, situated at Balasamudram locality Hanamakonda Mandal and Dtstict bg considering the Online applicatton No.AOG022300308459, Dt.10.4.2023, under GO.Ms.No.58 & 59 is iLlegal, arbitrary ond also against the pinciples of natural justice consequentlg direct the Respondents No.2 and 3 to regularize the H.No.l I 392, consistlrtg of 359 sq.yards, in SY.No.1066 of Ba[asamudrctm Locolity, Hanmakonda Mandal and District, bg constdeing the Online applicatton No. AOG02 2 3OO3O84 59, Dt. 1 0. 4. 2O2 3.... "
2. Considered the submissions of the learned counsel for the respective parties and perused the record.
3. It is the case of the petitioner that she is the owner and possessor of House bearing No.l 8 392 situated at Balasamudram Village, Hanumakonda, having purchased the same under registered sale deed dated 14.11.2008 bearing document No.764Ol2OO8. It is further case of the petitioner that the said house was assessed for property tax and has an electricity connection and that she has been regularly paying property tax and electricitlz charges to the concerned authorities. I I I 2 ' ,I .F!I? ,,'' {ii, Lrx*' It is the case of the petitioner that earlier, she applied for regularization of the subject house by submitting an application dated 16.O1.2015 to the Respondent No.3-Tahsildar, along with a payment of Rs.4, 15,2OO I - through Demand .Draft. Hori.ever, her application was rejected by the District Level Scrr-Ltin1. Committee vide Memo Rc.No.B/238 12079 dated 04.O9.2Ot9 on the ground that the subject property was open land and the amount was refunded. It is stated that subsequently, in the light of Government's fresh initiative to regularize unobjectionable Government land, the petitioner submitted an online application bearing No.AOGO223003OB459 dated 10.04.2023. Aileging that no action was taken by the respondents on the said application, the petitioner filed the presenl r,r'rit petition.
4. Sri Yakaiah, learned counsel appea-ring for the petitioner submitted that earlier, when officials of the Municipal Corporatlon, Warangal attempted to interfere u,ith the petitioner's possession and demolish the subject house, she hled W.P.No.30412 of 2Ol2 and this Court, vide order dated O7.1O.2O75, disposed of the said writ petition by. directing the respondents not to interfere with the property of the petitioner without following due process of law. It is further submitted that w/,l / I I 3 the petitioner has been in peaceful possession of the property for nearly two decades and that despite submitting the online application for regularization on IO.O4.2O23, the authorities have failed to consider the same
5. On the other hand, the iearned Assistant Government Pleader for Revenue has submitted that the petitioner has not produced any building permission issued by the Municipal Corporation, Warangal, and there are no existing structures in the subject property. Referring to the letter bearing Rc.No.B/658/2025 dated 18.03.2025 issued by Respondent No.3, it is submitted that the application dated 1O.O4.2O23 submitted by the petitioner was rejected on the ground that there is no dwelling unit/house and the open land claimed by the petitioner in Sy.No. 1066 of Hanumakonda Village belongs to the Kakatiya Urban Development Authority (KUDA), Warangal, and not the Government.
6. ln view of the above submissions, this Writ Petition is closed. However, if the petitioner is aggrieved by the rejection letter dated 18.03.2025 issued by Respondent No.3, it is open to her to challenge the same before the appropriate forum, accordance with law, if so advised 4 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. i:i ,*&&..1 _ia.: \ I //TRUE COPY// One CC to SRI D.Y Two CCs to GP FO Hyderabad. [OUT] Two CD Copies . L. N.CHARYULU, Advocate loPUcl R REVENUE, High Court for the State of Telangana, at SD/. T.TIRUMALA DEVI ./ GISTRAR OFFICER To 1 2 3 PSK. BSR s -lt HIGH COURT DATED:1 810312025 6 ( ORDER WP.No.29982 of 2024 r3! S Ir1 € \ ..tt o o a I E li)P' 2it)5 I c a .. I D5 s afir"r( CLOSING OF THE WRIT PETITION WITHOUT COSTS !f W