Telangana High Court
WP/23566/2007 of Mahmoodnagar Welfare Association, Vs The District Collector, on 24 December 2007
SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 23566 OF 2007 DATED: 24-12-2007 Between : Mahmoodnagar Welfare Association, Rep., by its President, Mahmoodnagar, Ranga Reddy District. … Petitioner And The District Collector, Ranga Reddy District, Hyderabad and 2 others. ...
THE HON’BLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION NO. 23566 OF 2007
DATED: 24-12-2007
Between :Mahmoodnagar Welfare Association,Rep., by its President,Mahmoodnagar,Ranga Reddy District. … Petitioner AndThe District Collector,Ranga Reddy District,Hyderabad and 2 others.
... Respondents
THE HON’BLE SRI JUSTICE V. ESWARAIAHWRIT PETITION NO. 23566 of 2007
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER :
This writ petition is filed for a Mandamus declaring the inaction ofthe respondents to consider and pass orders on the applications of themembers of the petitioner-Association for grant of house site pattas toan extent of 100 to 140 square yards of land in Sy.No.25/1 and 25/2(old S.No.101/part), situated at Petbasheerabad, Kompalli village,Qutubullapur Mandal, Ranga Reddy District, which is in theiroccupation for more than 25 years, as arbitrary and illegal.
It is the case of the petitioners that the petitioners have formedinto an association in the name and style of Mahmoodnagar WelfareAssociation and first petitioner is the President and others are themembers of the petitioner’s association. It is stated that arepresentation was submitted by the petitioner-association on 27-10-2007 before the Collector, Ranga Reddy District marking copies to theRevenue Divisional Officer and Mandal Revenue Officer, RangaReddy District stating that all the 77 members of the petitioner-association namely petitioners 2 to 78 approached the Government time and again from 1980onwards for allotment of the house sites in their occupation and eachone of them is in occupation of the house site to an extent of 100 to140 square yards in old Sy.No.101/part new Sy.No.25/1 and 25/2 ofPetbasheerabad, Kompalli village, Qutubullapur Mandal. After filingthe writ petition, petitioners 2 to 78 are impleaded and stated that eachof them has filed separate applications dated 12-11-2007 before the Collector, Ranga Reddy District marking copies to the 2[nd] and 3[rd]respondents stating that they are in occupation of small extents of 100to 140 square yards in the aforesaid Sy.Nos of Kompalli village andrequested to grant house site pattas. It is further stated that theiroccupation has been recognized and ration cards are also issued intheir favour.
On the other hand, the learned Government Pleader appearingfor the respondents submits that the lands are covered by Sy.Nos.25and 93 of Petbasheerabad village, but not Sy.Nos.101 and 104 ofKompalli village and an extent of 20 acres in Sy.No.23 and 25 ofPetbasheerabad village was allotted by the Government in favour ofSt.Anns High School, Secunderabad and therefore, it cannot be saidthat the petitioners are in possession and occupation of the said land.
The learned counsel for the petitioners submits that the land inSy.No.25 is a phased extent of land and the same is in occupation ofthe petitioners and was not allotted to St.Anns High School.
I am not inclined to express any opinion as to whether the eachof the petitioners are in occupation and possession of land measuring100 to 140 square yards in Sy.No.25/1 and 25/2 of Kompalli village,Qutubullapur Mandal or they are in possession of the lands situated inKompalli village or Petbasheerabad village. However, if the petitionersare in occupation of the lands, it is for the revenue authorities toconsider their applications, in accordance with law, and passappropriate orders.
Having regard to the facts and circumstances of the case, the writpetition is disposed of directing the first respondent to consider anddispose of the application of the petitioner-association dated 27-10-2007 and individual applications of the petitioners dated 12-11-2007and pass appropriate orders in accordance with law. Status quo withregard to possession of the land obtaining as on today shall bemaintained by the parties till the applications are disposed of. Noorder as to costs.
Date:24-12-2007KLP
__________________V. ESWARAIAH,J