WP/18785/2011 of S. Karunakar Reddy Vs State of Andhra Pradesh, on 30 December 2011

O R D E R :

This Writ Petition has been instituted seeking a direction to the1[st] respondent State Government to dispose of forthwith applicationNo. 45231, dated 13.06.2008 of the petitioner submitted in terms ofG.O.Ms.No. 166 Revenue (Assn. POT) Department, dated 16.02.2008.

The case of the petitioner is that he submitted application No.45231 on 13.06.2008 seeking transfer of rights in land of an extent of675 square yards including premises No. 2-5-37 (old No. 3-6) situatein Survey No. 36 at Chintalmet, Upperpally Village, RajendranagarMandal, Ranga Reddy District in terms of the orders passed by theState Government in their G.O.Ms.No. 166 Revenue (Assn. POT)Department, dated 16.02.2008. It is asserted that the father of thepetitioner purchased the land of an extent of 675 square yards underan un-registered sale deed, dated 08.01.1970 from one Sri S. Sattaiah,but however, he could not get the said sale deed registered. It isfurther asserted that the father of the petitioner has got constructed atwo room tenement over a portion of the said land and when the 4[th]respondent Mandal Revenue Officer, Rajendranagar threatened todispossess them from the said property, the petitioner has filed civilsuit O.S.No. 783 of 2001 on the file of the V Additional Senior CivilJudge’s Court (FTC), Ranga Reddy District seeking declaration of histitle and for perpetual injunction to restrain the defendants therein frominterfering with his possession of the said property. It is stated that thesaid suit was ultimately dismissed by the decree and judgment dated06.06.2006 and the petitioner has carried the matter by way of anappeal A.S.No. 174 of 2006 on the file of the I Additional District Judge, Ranga Reddy District at L.B. Nagar and the said appeal is stillpending. It is further pointed out that pending the said Appeal, anorder was granted by the appellate Court in I.A.No. 1213 of 2006directing the parties to maintain the status quo. However, on theground that the State Government has taken a policy decision andannounced the same through G.O.Ms.No. 166 Revenue (Assn. POT)Department, dated 16.02.2008 providing for transfer of rights tooccupants of certain categories of un-assigned government lands thestructure situated thereon, on payment of basis, the petitioner filed theapplication bearing No. 45231 on 13.06.2008. It is further stated thathe also filed an affidavit undertaking to withdraw the appeal A.S.No.174 of 2006 pending on the file of the I Additional District Judge,Ranga Reddy District. Since application No. 45231 of the petitionerhas not been taken up for consideration so far, in spite of three yearstime elapsing, the present Writ Petition came to be instituted.

On 09.12.2011, this Court directed the State Level Committee totake up the application of the petitioner immediately and consider thesame. The learned Assistant Government Pleader for Revenue hasbrought to my notice today that the Chief Commissioner of LandAdministration and Special Chief Secretary to the Government ofAndhra Pradesh has sent up a communication on 24.12.2011 forconsideration of the State Government. It is stated therein that theState Level Regularization Committee, at its meeting held on23.12.2011 at 11.30 a.m., has taken up for consideration the proposalsubmitted by the District Collector, Ranga Reddy District forregularizing the land of an extent of only 34 square yards, taking intoaccount the built up area and documentary evidence. It is proposed bythe Collector, Ranga Reddy District that there is no evidence ofpossession of the appurtenant area beyond 34 square yards by the

petitioner. In those set of circumstances, the District Collector hasrecommended for regularization of the possession of the petitionerover land of an extent of 34 square yards only situate in Survey No. 36of Upperpally Village at twice the value of the basic rate of Rs.990/-per square yard as of 31.12.2003. It is further brought out that the StateLevel Regularization Committee agreed, in principle, the proposal ofthe District Collector and consequently, recommended to thegovernment to regularize possession of the petitioner over an extent of34 square yards, subject to payment of Rs.81,626/-. The entire file hassince been transmitted by the Chief Commissioner of LandAdministration for consideration of the State Government on24.12.2011. The communication of the Chief Commissioner of LandAdministration, dated 24.12.2011 sent up to the State Government, acopy of which has been placed before me by the learned AssistantGovernment Pleader, is taken on record.

In view of the recommendation of the State Level RegularizationCommittee, I hope and trust that the government would passappropriate orders as expeditiously as possible, preferably within aperiod of three months from the date of receipt of a copy of this orderand communicate the same to the petitioner.

With this, the Writ Petition stands disposed of. No costs.

---------------------------------------------- (NOOTY RAMAMOHANA RAO, J)

30[th] December 2011

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