SRI M v. SURESH
Case Details
Acts & Sections
petition under Article 226 of the Constitution of lndia praying that in the circumstances st{ted in the affidavit filed therewith, the High Court may be pleased to issue r an appropriate Writ or Order or orders or Directions more particularly one in the nature of Writ of Mandamus declaring the in-action on the part of the Respondents herein in considering the application submitted by the petitioner herein application No. AOGO22200146680 as illegal, arbitrary, null and void and for a consequential directions to the Respondents herein to take action forthwith on the application No. AOGO22200146680 submitted by the Petitioner. lA NO: 1 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 the Respondents herein to take action forthwith on the application No. AOGO222OO .146680 submitted by the Petitioner herein pending disposal of the I I i I above writ pelition. Counsel for the Petitioner: SRI M. V. SURESH Counsel for the Respondents: SRI L. RAVINDER, AGP FOR REVENUE The Court marJe the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33761 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of lndia, is filed seeking the following reliel "...fo issue an appropiate Wit or Order or orders or Directions more partiatlarly one in the nature of Wit of Mandamus declaing the in-action on the part of the Respondents herein in consideing tlrc application submitted by the Petitioner herein application No.AOGO222OO146680 as illegal, arbitrary, null and uoid and for a consequential directions to th.e Respondents herein to take action forthwith on the application N o. AOGO2 2 2 O O 1 4 6 68 O submitted by the Petitione r. . .. "
2. Heard Sri M.V.Suresh, learned counsel appearing for the. petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for the respondents and perused the record.
3. Learned counsel appearing for the petitioner would submit that the petitioner is the Society registered under the provisions of the Telangana Societies Registration Act, 35 of 2OOt bearing registration No.38/2013, dated 18.01.2013. The Government of Telangana issued G.O.Ms.No.S9, dated \ \ Page 2 of5 3o-L2-2014 for regularization and transfer of rights on lands .people encroerchments on unobjectionable Government lands and surplus land under Urban Land ceiling to the payment basis. As per the said G.o. persons who are in possession of land on or before o2-o6-2oL4 are eligible for regulanization on payment of amount. The dead line fixed under the above mentioned G.o. for submission of applications has been extended from time to time and G.o.Ms.No.14, dated l4-o2-2o22 is the last G.o. which extended the time limit to receive applications up to 3l-o3-2o22. Rates have been fixed for regularization of residential lands as well as non-residential lands. Responc ent No. I has issued G.o.Ms.N o.r4 (Assignment-I) Department recommending rates for regulariza.tion as per the ame,dment issued in G.o.Ms.No.12, dated 30-1-2o1s. 4- Thr: Petitioner is in possession of land situated in Sy'Nos.3ri2, 3621 A of Damera vilage, Hanumakonda Mandal and District on the date of issuance of G.o.Ms-No.59, dated 30-12-2014 and as such the petitioner submittecl application bearing No.AOGO 222OOL466*O for t- i t' Page 3 of5 regularization and transfer of rights in respect of the lands mentioned in the application mentioned above. It is submitted that the petitioner has also paid the necessary fees as stipulated and as such the Petitioner is anxiously waiting for consideration of the application submitted by the Petitioner as per G.O.Ms.No.59, dated 30-12-2014. The Petitioner complied with all the required formalities as prescribed by the Respondent herein for regularization and transfer of rights as per the G.O. mentioned above. The petitioner is making oral representations to the respondents in respect of pendency of the application submitted by the petitioner for regularization of the lands as per G.O. mentioned above. However, the respondents are not taking any action on the application submitted by the petitioner. Hence, the petitioner is constrained to file this writ petition.
5. On the other hand, learned Assistant Government Pleader for Revenue would submit that as per CCLA's LT.No.CMRO-ll/06 /2024, dated 25.01.2024 the District Collectors in the address entry are hereby informed that in view of certain complaints alleging fraud etc, it is proposed to Page 4 of5 take up rectification of certain applications received under G.O.Ms.No.59. Hence, the respondent-authorities are directed not to issue any proceedings and not to execute any conveyance deeds through system or manual method even if the payments are already made by applicants, till further orders, in respect of the regularisation applications received under 13.O.Ms.No.59 until the verification is completed.
6. L,:arned Assistant Government Pleader further submitted that challenging the said G.O. Ms.No.S9, Public Interest- Litigations are pending before the Hon'ble Division Bench ,rf this Court uideW.P (PIL).Nos.8 of 2Ol5 and 109 of 2016 a:ed since the subject matter is seized by the Honble Divisiorr Bench of this Court the official respondents are not in a po:;ition to take any action on the application made by the peti[ioner. Hence, seeks to pass appropriate orders.
7. In the light of the aforesaid facts and circumstances of the case and upon perusal of the material available on record, this Court is of the opinion that in view of the pendency of W.P.(PIL).Nos.B of 2015 and 109 of 2016 before the Hon'ble Division Bench of this court, this court deems it I i i : l i I I i , I i i I I I l i ! l , I / r)' \ Page 5 of5 appropriate to direct the respondents to consider the case of the petitioner as and when the subject matter of the PIL's has been decided by this Court and communicate the same to the petitioner. B. With the above observations, this writ petition is disposed of. There shall be no order as to costs' As a sequel, miscellaneous petitions, if any, pending, shall stand dismissed. SD'.L. VIJAYA LAXMI STANT REGISTRAR / //TRUE COPY'/ SECTION OFFICER To, 1
2. 3 4 5 6 7 8 The Principal Secretary, Revenue (Assignment-l) Department, State of Telangana, Secretariate Hyderabad, The Chief Commissioner of Land Administration, Telangana Hyderabad. The Commissioner, of Survey Settlements and Land Records Telangana, Hyderabad. The District Collector, Hanumkonda District The Joint Collector, Hanumakonda. The Revenue Divisional Officer, Parakala, Hanumakonda District. One CC to SRl. M V SURESH Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad . [OUT] Two CD Copies
9. DAN BS a)a HIGH COTURT DATED:QtT l11l2O25 ORDER WP.No.3l3761 of 2025 C)o t * lrlL 5 ,I 6 I l\ R |,1 ilI * DISPOSING OF THE WRIT PETITION WITHOU'IT COSTS @ "A*o CD