✦ High Court of India · 24 Apr 2025

High Court · 2025

Case Details High Court of India · 24 Apr 2025
Court
High Court of India
Decided
24 Apr 2025
Bench
Not available
Length
1,276 words

Acts & Sections

4. D.Madhavi Latha, D/o. Mahesh Reddy, Aged about 44 years, Occ Household, 5. Smt. J.Padma, Wo Bangaru Raju, Aged about 45 years, Occ Household, R/o. H. No. 507/4, BHEL Township, Pamactlandrar,urarn, Hyderabad. B1O, APSP Camp, Raghavendara Colony, Kondapur, Hyderabad

6. Smt. B.Pradeepi, Wo. Srinivas Aged about 43 years, Occ Household, R/o. Flat No.30'1, Plot No.B0, Lakshminagar Colony, Hyderabad.

7. M.Vani Jayaram, Wo. Jayaram, Aged about'55 years, Occ Household R/o Flat No.207, Sri Home Durga Towers, Miyapur, Hyderabad.

8. tvl.Ruply Bai, Wo. M.N.NJyak, Aged about 60.years, Occ Housewife, R/o Flat No.207, Sri Home Durga Towers, Hyderabad

9. P.Karthik, S/o. Pandu Ranga Rao, Aged about 29 years, Occ Business, R/o. Flat No.103, Archid Villa Apartments, Siddardha Nagar, Hyderabad. '10. P. Murali Krishna, S/o. Venkata Ratnam, Aged about 54 years' R/o.36' Rao and Raju Colony, Road No 2, Banjara Hills, Hyderabad ...PETITIONERS AND '1 . The special officer and Competent Authority, Urban Land Ceiling, Hyd-erabad 2. Goveinment of A.P., Rep. by its principal secretary to Government, Revenue 3. ifre 'Commissioner and Speciil Officer, Greater Hyderabad Municipal ...RESPONDENTS (ULC) Depanment. Secretariat, Hyderabad Corporation, Tank Bund, Hyderabad 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 a writ, order or direction more so, a writ in the nature of mandamus by declaring the inaction of the respondents in not passing orders for regularizing the plots of the petrtioners bearing No. 151C, 152C,2538' 2568' '.-1;;rr 260C, 261C,262C, 466C, 467C, 3518, 387, 41oc' 4818, 4828,4838' 48BC srtuated in Sy.Nos 60 62,71 lo 77,204,205 of Raghavendara Nagar Colony' Kondapur,seriligampallyMandal'R.R.DistrictwithinGHMCasillegal,arbitrary, unreasonablecontrarytolawandviolativeofArticle'14'21'3004'ofthe constitution of lndia and to issue directions to the respondents to regularize plots ofthepetitionersandtoissueproceedingstothepetitionerStoregularizelayout of the petitioners plots under LRS (Layout regularization scheme) l.A. NO: 1 OF 20 14(WPMP. NO: 1 6099 0F 20',t41 Petitionundersectionl5lCPcprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to consider our applications to regularize layout of the petitioners plots under LR's (Layout regularization scheme) plots bearing No 15'1C, 152C,253F .2568, 260C, 261C' 262C,466C' 467C' 3518' 387' 410C' 4BlB, 4828, 4838, 488C situated in Sy No's 60, 62, 71 lo 77' 204' 205 of Raghavendara Nagar Colony, Kondapur, Seriligampally Mandal R R District Counsel for the Petitioner: SRl. G. VASANTHA RAYUDU CounselfortheRespondentNos.l&2:AGPFORLANDACQUISITION Counsel for the Respondent No'3: SRI SAMPATH PRABHAKAR REDDY (sc FoRGHMC) The Court made the following: ORDER w HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12840 of 2014 ORDER: This writ petition is filed to declare the inaction of respondent herein in not regularizing the petitioners plots situated at Sy.Nos.6O, 62, 71 to 77, 2O4, 206 of Raghavendra Nagar Colony, Kondapur, Seri[ngampally Mandal, Ranga Reddy District.

2. The case of lhe petitioners is that they claim to be absolute owners and possessors of the subject plots having purchased for valuable sale consideration through registered sale deeds. It is submitted that they have made applications for regularization of their plots under G.O.Ms.No.747 (UC.l) Department dated 18.06.2008 under Urban Land (Ceiling and Regularization) Act, 1976 and the said application was submittcd to respondent No.3 under G.O.Ms.No.902 MA dated

31.I2.2OO7 and G.O.Ms.No. 1i3 MA dated 31.O1.20O8. As the said applications are pending and no orders were passed, the present writ petition is hled.

3. Today, when the matter is taken up for hearing, Iearned counsel for the petitioner submits that the present writ petition is squarely covered by an order of this Court in 2 W.P.Nos.21580 of 2008 and batch dated 28.03.2017. The relevant paragraph No.29 is extracted herein: "29. In respect of other wit petitions the lands in question situated in Kukatpally, Moosapet, Kothaguda and Kondapur uillages are the same lands couered by utrit petition no.21580 of 2008 f.led bg the declarants, and that writ petition heing allouted and held that the ULC proceedirtgs initiated in respect of lands couered bg turit petition no.2 158O of 2008 haue lapsed as the respondent-attthoities failed to take phgsical possesslon and of the subject lands as on the date on tuhich the RepecLl Act uos adopted as such, there is no need for the petitioners to seek regularization of their possessiorr ouer the subject lands. As held bg this Coutl in RAJ KUMAR SURANA DS. GOVERNMENT OF ANDHRA PRADESH (3 supra), the petitioners in other wrtt peti.tions uho haue paid part or full amounts for regulanzations, if anA, are entitled for refund of the same as the proceedings initiated under the Urban C:eiling Act are quashed, and that the subject lands are no longer surplus lands. Consequently, WP ,Yos. 6879 & 6878 of 2011; 23535, 29244, 20996, 2OO47, 16450, 18463, 32 200ss, 22525, 2204s, 21720, 21658 of 2009; 1367 of 201O, 25230 of 2010, 18805 of 2011, 4189 of 2010, 3649 of 2O10, 19926, 21012, 3053, 8886, 33227, 1111, 3940, i1201 of 2011; 34100, 21487, 24560, 5915, 5101, 28858 of 2o12; 3777 of 2O10; 2554 of 2011; a598 of 2o10; 17533 of 2011 17150 of 2011, 22117 of 2010; I t 3 11892 of 2011; 18oO1 of 2012; 35263 of 2012; 32909 of 2011, 24308 of 2010, 21999 of 2009; 25724 of 2009; 201 12, 18877, 9647, 33105, 33144' 9536 of 2011, 35158, 19235' 17455, 17456 of 2012; 33020 of 2011, 7726 of 2O11, 24582 of 2OO9' 19992 of 2OOg, 25429 of 2010, 26795 of 2O1O' 16218, 32435, 329s9, 22s57 of 2011, 24145 of 2012, 16635 of 2011, 33416 of 2012; 33019 of 2011, 17142 of 2012, 33097 of 2011, 18039 of 2012, 19595 of 2012, 23675 of 2009, 5341 of 2O12' 32831 of 2011, 32775 of 2012, 32914 of 2O11' 29235 of 2009, 7205 of 2012, 18851 of 2012' 2832O of 2009 & 29045 of 2009 are disposed of with oboue d.irections to authoities to refund the amounts paid on the applications for regularization'"

4. Learned Assistant Government Pleader for Land Acquisition does not dispute the same

5. In that view of the matter, this writ petition is disposed of in terms of W. P.Nos.2 1580 of 2O08 and batch dated 2a.O3.2017. There shall be no ordcr as to costs' Miscellaneous Petitions, it any pending, shall stand dismissed. SD/-A. JAYASREE ASSISTANT REGISTRAR I To, //TRUE COPY// SECTION OFFICER (uLC) Deoartment. Secretariat, Hyderabad

1. The soecial officer and competent Authority, urban Land ceiling, Hyd_erabad i. CovJi,rment of A.P., Rep by its principal secretary to Government, Revenue 3. ih;-'c;-,{;liJionii and Speci6l officer, Greater Hyderabad Municipal 4. ONEi CC tO SRI. G. VASAI.ITHA RAYUDU. AdVOCAIE TOPUCI Corooration. Tank Bund, Hyderabad. '- "i:-?.. _ -*q e'i: _--. f ::---7:/7

5.oneCCtoSRl'SAMPATHPRABHAKARRE^DDY(SCFoRGHMC)toPUC] 6. Two ccs to Gp ron nioujsnioN ,Hign court for the state of Telangana 7 Two CD CoPies at Hyderabad [OUT] I r$,, BM \ HIGH GOURT DATED:2410412025 ( l- ORDER WP.No.12840 of 2014 Sr \ ti.'\ tJ ,5 ?7,lutt ry * t-tF { l'-2 rgxe D : C ,/ , I I I I I I I I I I I I I I I I i t I i I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 t t

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