The High Court · 2025

Judgment

3. The State of Telangana, Rep. by its Principal Secretary, Revenue (Assignment-l) Department, Telangana Secretariat, Hyderabad - 5OO022. The District Collector, Narayanpet District, Telangana State. The Revenue Divisional Officer (RDO), Narayanpet Division, Telangana State.

4. The Tahsildar, Makthal Mandal, Narayanpet District, Telangana State. ...RESPONDENTS 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 particularly one in the nature of a Writ of Mandamus declaring the inaction of Respondent No. 4 in

failing to conslder and process Application No. API-MBN150303000249 dated 03- 03-2015 for regularization of land in Survey No. 5 (300 Sq. yds) and Survey No. 33 (63 Sq. yds), tolaling, 363 Sq. yds, situated at Makthal Village and Mandal, Narayanpet District, under G.O.Ms.No.59, Revenue (Assignment-l) Department, dated 30.12.20'14, as arbitrary, unjust, and discriminatory noting that the petitioner has been paid all prescribed regularization and development charges through challans bearing Nos. 1171,3165, 1602, 2423,3164, and 3333, complied - with every statutory requirement, obtained a favorable inspection and recommendation from the Tahsildar confirming peaceful possession, and regularly paid electricity bills and house tax without default and Observing that similarly situated applicants in the same locality and adjoining survey numbers have been granted Deeds of Conveyance, thereby violating Articles 14 and 300-4 of the Constitution of lndia Directing Respondent No. 4 to forthwith consider and issue the Deed of Conveyance in my favor; IA NO: 'l 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 Respondent No. 4 to consider Application No. APLMBN150303000249 dated 03-03-2015 and process it under G.O.Ms.No.59 Counsel for the Petitioners : Mrs. ALLURI MADHURI, COUNSEL REPRESENTING FORSRI KAMPALLI UDAYKANTH Counsel for the Respondents: SRI L. RAVINDER, AGP APPEARING ON BEHALF OF GP FOR REVENUE SRI K. MURALIDHAR REDDY The Court made the following: ORDER I i: THE HON'BLE SRI JUSTICE E.V.VENUGOPAL PETITION No.32954 of ORDER: The present writ petition is liled by the petitioners under Article 226 of the Constitution of India for the following relief : - "...seeking issuance of a writ of Mandamus declaring the inaction of respondent No.+ in failing to consider and process Application No.APLMBN15030 3OOO24} dated 03-03-2015 for regularization of land in Survey No.S (300 Sq. yds) and Survey No'33 (63 Sq' yd:)' totaling "i tvt.kthal Village and Mandal, Narayanpet 363 Sq. yds, situated District, under G.o.Ms.No.59, Revenue (Assignment-1) Department, dated 30.12.2014, as arbitrary, unjust, and discriminatory noting that the, petitioner has been p"ia Lrr prescribed regularization and aevetopment charges through challans bearing Nos.1L7l, 3165, 1602, 2423, 3L64, and 3333; complied with every statutory requirementi obtained a favourable inspiction and recommendation from the Tahsildar conlirming peaceful possession and regularly paid electricity bills and house tix without default and observing that similarly situated applicants in the same locality and adjoining survey numbers have been granted Deeds of Conveyance, thereby violating Artic-les 14 and 3o0-e or the constitution of India directing respondent No'4 to forthwith consider and issue the Deed of Conveyance in favour of the petitioner..."

2. Heard Mrs.Alluri Madhuri, learned counsel representing sri Kampalli Uday Kanth, learned counsel for the petitioners and Sri L.Ravinder, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Revenue Sri K'Muralidhar Reddy.

3. The learned counsel for the petitioners submits that this writ petition is filed to challenge the inaction of respondent No'4 in t Page 2 of5 failing to consider the representation regarding regslarization of land in Survey No.S (3o0 sq. yds) and Survey No.33 (63 sq. yds), totaling 363 sq.yds, situated at Makthal village and Mandal, Narayanpet District. The land falls within the purview of G.o.Ms.No.59, Revenue (Assignment- 1) Department, dated 30.L2.2o14, issued by the Government of relangana, governing the regularization of unapproved and unauthorized layouts in the State. Pursuant to the Government order, the petitioners submitted Application No.ApLMBN t503o3ooo249 dated 03-o3-2o1s, with all requisite documents and proofs of possession, to the competent authoritjr. All prescribed regularization and development charges, totaling to Rs.4,29,ooo/-, were duly paid through Government challans and accepted by the Mandal Revenue office, following submission, respondent No.4 conducted a field inspection and issued a favorable recommendation conlirming the petitioner's peaceful possession and eligibility for a Deed of Conveyance under G.O.Ms.No.59. (a) The petitioners have consistentry paid electricity and property taxes, demonstrating continuous occupation and lawful enjoyment of the premises. Despite full compliance with all statutory requirements and payment of dues, respondent No.4 has failed to issue the Deed of conveyance, without assigning any lawful reason. This inaction constitutes arbitrary and discriminatory treatment, as other r") Page 3 of5 applicants in the same locality and adjoining surveys have been granted similar relief. Such denial has caused serious hardship' depriving the petitioners of a legitimate entitlement and resulting in ongoing uncertainty. The failure to issue the Deed of Conveyance violates the principles of equalit5r, fairness and natural justice under Articles 14 and 3oo-A of the constitution of India. Frustrated by the lack of alternative remedies, the petitioners approached this Court under Article 226 of the constitution, seeking a writ of mandamus directing Respondent No.4 to consider and process Application No' APLMBN 15O3O3OO0249 dated O3-O3-20 15'

4. The learned Assistant Government Pleader, representtng the learned Government Pleader for Revenue, submits that the case of the petitioners is squarely covered by the provisions of G'o'Ms'No'59, Revenue (Assignment-I) Department, Government of Telangana, dated 3O.12.2OL4, which governs regularisation and transfer of rights in respect of unobjectionable Government lands' He further submits that the implementation of the said G.O. is presently sub judice in view of the pendency of PIL No.1O9 of 2016 before the Hon'ble Division Bench of this Court, wherein the validity and scope of G.O.Ms'No'S9 are under consideration. It is, therefore, submitted that unless and until the Hon'ble Division Bench renders its judgment in the aforesaid PIL' the official respondents are restrained from taking any policy or ae,=-... 4ii;, . iBi!.1 . h': ,: Ri:. :.J. &i' Page 4 of5 .\: - administrative decision in individual cases under the said G.O. In such circumstances, the respondents are not in a position to process the petitioners' request at this stage. However, the learned Assistant Government Pleader submits that the case of the petitioners may be considered in accordance with law and subject to the outcome of the said PIL upon its final disposal by this Court. Stating thus, he prays that appropriate orders be passed.

5. Having heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue and upon consideration of the material on record, this Court linds that the claim of the petitioners pertains to regularisation/assignment of Government land under the provisions of G.O.Ms.No.59, Revenue (Assignment-l) Department, dated 30.12.2014. The learned Government Pleader has brought to the notice of this Court that the validity and implementation of the said G.O. are presently under consideration before the Hon'ble Division Bench of this Court in W.P. (PIL) No.1O9 of 2OL6 and that until final adjudication therein, the official respondents are not in a position to take any further action on individual claims covered by the said Government Order. In view of the same and without expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the writ petition directing the respondent authorities to consider and examine the petitioners'claim strictly in accordance with { Page 5 of5 law and subject to the outcome of w.P. (PIL) No.1O9 of 2016' lt is made clear that the petitioners shall not claim any equity or vested right until a final decision is rendered in the said PIL. The respondents shall take appropriateactionthereafter,aSperthedirectionsandpolicythatmay emerge from the decision of the Hon'ble Division Bench' However' the petitioners are at liberty to work out the remedies as available under law if the situation so warrants'

6. With the above observations' this Writ Petition is disPosed of. There shall be no order as to costs' As a sequel, the miscellaneous petitions pending' if any' 7 shall stand closed. SD/-C. DEEPIKA ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY/ To, l.ThePrincipalsecretar!,Revenue(Assignment-l)Department,Telangana Secretariat, fne-Siaieti t"fungani, AyOeftOaO - 5OOO22' 2.TheDistrictCollector,NarayanpetDistrict,TelanganaState.

3.TheRevenueDivisionalofficer(RDo),NarayanpetDivision,Telangana State.

4.TheTahsildar,tvlakthalMandal,NarayanpetDistrict,TelanganaState.

5.OneCCtoSRIKAIVIPALLIUDAYKANTH'AdvocateIOPUC]

6. Two ccs to Gp FoR REVENSE, High court for the State of relangana

7. Two CD CoPies PVL DC \p, b. i HIGH COURT DATED:3011012025 I I ORDER WP.No.32954 of 2025 1'r! t-: k (,. TE1t C fl,,T' i j'.... .. * z)' ..;7 DISPOSING OF THE WRIT PETTTION WITHOUT COSTS @