WP/32200/2011 of A.S.Prabhu, Vs The Special Officer and Competent Authority, on 30 December 2011

ORDER:

This writ petition is filed seeking to issue writ of Mandamusdeclaring the action of respondent Nos.1 and 2 in not regularizing plotbearing No.327-B in Survey No.205 admeasuring 200 sq.yds or167.23 sq.mts situated at Kondapur Village, Serilingampally Mandal,Ranga Reddy District, now Sri Ram Nagar Colony of SerilingampalliCircle of Greater Hyderabad Municipal Corporation, Hyderabad asillegal, arbitrary, contrary to the provisions of the Urban Land (Ceilingand Regulation) Act, 1976 (for short, ‘the Act’) and contrary to theprovisions of G.O.Ms.No.747, Revenue (U.C.I.) Department, dated18.06.2008 of respondent No.2 and consequently, direct respondentNos.3 and 4 to issue ‘No Objection Certificate’ for regularizing thepetitioner’s plot in layout and direct the respondents to regularize thepetitioner’s plot.

2. The brief facts, stated in the affidavit filed in support of the writpetition, are that the petitioner purchased the aforementioned plot fromI.D.L. Chemicals Employees Co-Operative House Building SocietyLimited under a registered sale deed on 29.04.1989 by payingRs.6,000/- as sale consideration. He also paid an amount ofRs.77,100/- on 27.08.2008 to respondent No.1 for regularizing his plotunder the Act. Inspite of paying the amounts as mentioned above,respondent Nos.1 and 2 are not regularizing his plot under the Act.Inspite of making several requests to respondent Nos.1 to 4, noproceedings were initiated by the respondents for regularizing theplot. Hence, he filed the present writ petition.

3. Learned counsel for the petitioner contended that respondentNos.1 and 2 are not regularizing the aforementioned plot of the petitioner and hence, he prays to issue a direction to respondent Nos.1and 2 to regularize the petitioner’s plot.

4. On the other hand, learned Assistant Government Pleaderappearing for respondent Nos.1 and 2 stated that appropriate decisionwould be taken by respondent Nos.1 and 2 in accordance with lawparticularly in terms of G.O.Ms.No.747, Revenue (U.C.I.) Department,dated 18.06.2008.

5. The land in question is a surplus land. The Government issuedG.O.Ms.No.747, Revenue (U.C.I.) Department, dated 18.06.2008giving certain considerations for allotment of excess land, which wasalready vested with the Government. If the case of the petitioner fallsunder this G.O., the same has to be considered by respondent Nos.1and 2 in accordance with the conditions laid in that G.O. Therefore,respondent Nos.1 and 2 are directed to take appropriate decision inrespect of the plot claimed by the petitioner duly following theprocedure contemplated under G.O.Ms.No.747, Revenue (U.C.I.)Department, dated 18.06.2008.

6. With the above direction, the Writ Petition is disposed of. Thereshall be no order as to costs.

30[th] December, 2011.AMD

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K.C.BHANU, J

THE HON'BLE SRI JUSTICE K.C.BHANU

AMD

WRIT PETITION NO.32200 OF 2011

Date:30.12.2011