High Court · 2025

Judgment

3. The State of Telangana, Represented by its Principal Secretary, Revenue. The District Colledtor, Bhadradri Kothagudem District Kothagudem, Town, The Revenue Divisional Officer, Kothagudem, Town, Bhadradri Kothagudem District. ...PETITIONERS ...RESPONDENTS

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ, more particularly writ in the nature of writ of Mandamus, duly declaring the action of the respondents in not considering the case of the petitioner for regularization of the property as per GO Ms. 373 of 2005, as illegal, arbitrary and against the principles of natural justice, and consequently direct the respondents to regularization of ihe property of the petitioner vide H.No.4-6-1'12, situated at Gajulram Basti, Bhajan Mandir Road, Kothagudem, in accordance with GO Ms No. 373 of 2005, in the interest of justice. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavil. filed in support of the petition, the High Court may be pleased to direct the respondents to regularize of the property of the petitioner vide H.No.4-6-112, situated at Gajulram Basti, Bhajan tMandir Road, Kothagudem, in accordance with GO Ms No. 373 of 2005, in the interest of justice. Counsel for the Petitioners: SRI P.RAMA SHARANA SHARMA Counsel for tlre Respondents: Ms. T.SWETCHA, AGp, REp. FOR GP FOR REVENUE The Court made the following: ORDER i') THE HON'BLE SRI JUSTICE GADI PRAVEEN KUMAR WRIT PETITION No. 32 of2018 ORDER: Heard Sri P.Rama Sharana Sharma, leatned counsel appearing for the petitioners through online and Ms.T.Swetcha, learned Assistant Government Pleader for the leamed Govemment Pleader for Revenue appearing on behalf of respondents, and perused the record.

2. The present Writ Petition is f,rled to declare the action of respondents in not considering the case of petitioners for regularization of their property in terms of G.O.Ms.No-373 Revenue (Assn.VII) Department dated 24.03.2005 as arbitrary.

3. The facts leading to filing the present Writ Petition are that the l't petitioner purchased a house site through registered sale deed dated 18.08.1987 to an extent of 234.36 sq. meters from its previous registered owners. Subsequently, the house number initially attotted bearing H.No.4-681/2 was changed to H.No.4-6- lL2. The l't petitioner, out of love and affection, had gifted an : l 2 extent of 98.16 sq. yards out of the above extent of properfy, in favour c f his younger sister i.e.2"d petitioner.

4. It :s contended by the petitioners that originally, the entire Kothagtrdenr Town belongs to the Singareni Collieries Company Limited (SCICL) by virtue of lease granted by the Govemrnent for 99 yeani, which extends to many thousands of acres. The said lease period was expired in 1989. During lease period, several individuals, institutions, organizations were allowed and permitted by the SCCL to occupy their respective places. There were no original owners of these lands as Government is the owner and it has gilen the total extent of land to SCCL. Incidentally, for functioning and administration of SCCL, various facilities were incoqporated such as quarters, hospitals and other necessities. Subsequently, the Govemment, for the purpose of municipal adminir;tration, issued a Government Order making the Kothagudem area as Notified Area vide G.O.Ms.No.27 41197 L .

5. Pe:titioners further contended that the present properties originally fall from the same source. However, after expiry of the lease period, the Govemment with a view to regularize all genuine 3 i occupants of land, had issued G.O.Ms.No.373 dated 24.03.2005 prescribing the regularization of the lands, buildings etc. under Sy.Nos.l4l, 142 and 143 and also prescribed certain fee.

6. The petitioners further contended that pursuant to the aforesaid G.O., they approached the respondent authorities seeking regularization of their property vide H.No.4-6- 1 l2 situated at Gajulram Basti, Bhajan Mandir Road, Kothagudem, but no action was taken. Therefore, petitioners contended that they are also entitled for regularization on par with other similarly placed persons.

7. It is not in dispute that in respect of survey numbers l4l,142 and 143 pertaining to Kothagudern Town, the Government has issued notifications. The learned counsel appearing on behalf of the respondents was also not disputing the same.

8. The record speaks that the petitioners are in continuous possession of the said premises for the last two generations. Therefore, the Government upon careful examination of the proposals from the concerned Officials, has issued G.O.Ms.No.373 4 dated'24.03.2005 for regularization of encroachments of Govemrnent land covered by Survey Nos.l41, 142 and 143 of Kothagtrdenr Village and Mandal, which are in the shape of residential, commercial and industrial units, however subject to fulfi[m,:nt of conditions stipulated therein

9. Under the circumstances, this Court deems it appropriate to direct the respondents to consider the case of petitioners for regularization of their property in terms of G.O.Ms.No.373 dated

24.03.2')05 subject to fulfillment of the guidelines/conditions stipulat,:d therein. The petitioners are also at liberty to make a fresh re:presentation to the respondent authorities duly enclosing recent ,SOs which are issued in respect of regularization of the subject lands, within a period of two (02) weeks fiom rhe date of the recr:ipt of a copy of this order. Thereafter, the respondents are directed to consider the representation submitted by the petitioners, in terms of G.O.Ms.No.373 dated 24.03.2005 and subsequent GOs positivr:ly within a period of four (04) weeks thereafter.

10. Srrbject to above observations and direction, W.P.No.32065 of 2018 is disposed of. No costs. 5 / ./'/ //./ .7 1 1. As a sequel, miscellaneous petitions pending if any shall stand closed. ,,TRUE COPYI' g ^rr3?';$tH#$tr^H seciolr oFFlcER To,

1. The Principal Secretary' Revenue' Secretariat' State of Telangana'

2.TheDistrictCollector,BhadradriKothagudemDistrictKothagudem,Town' "' 'bi.1ri.t 3.'rheRevenueDivisionalofficer,Kothagudem,Town,BhadradriKothagudem 4. tn. cc to sRl P'RAMA SHARANA,:::::'ro.,n" 5' t" nt:"R REvENuE' Hish court ror Advocate [oPUc] 'HARMA, State or relangana at NA IYS-","; 6. Two CD CoPies BSR TKS cH.( HIGH COURT DATED: 09/1 012025 f I o t\ * THE S 2 I F[8 2tl26 * ORDER WP.No.32065 of 2018 DISPOSING OF THE WRIT PETITION, WITHOI.'T COSTS ob* ''' :,1 . ,'. .,:'.:: :, ., .r ;#t:i r; . ., i' j itqnr-.li: : : i i i t I I I I I i : t- i, I t I I I I I I I I I I I t I , I i I I , I I I i