Telangana High Court

WP/46318/2022 of Azamabad Industries Association Vs The State of Telangana on 29 December 2022

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HIGH COURT FOR TTIE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THETWENTYNINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 46318 OF 2022 Between: Azamabad Industries Association, Having its registered

HIGH COURT FOR TTIE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)THURSDAY, THETWENTYNINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT

THE HONOURABLE SRI JUSTICE K. SARATHWRIT PETITION NO: 46318 OF 2022

Between:

Azamabad Industries Association, Having its registered office at 1-8-582, Industrial Area,Azanabad, Hyderabad - 500 020. Rep. by its President Mr. Tikaram Goel.Azanabad, Hyderabad - 500 020. Rep. by its President Mr. Tikaram Goel.

...PETITTONER

AND

l. The State of Telangana, Rep. by its Principal Secretary. Industries and CommerceDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.

2. The Commissioner of Industries, Govemment of Telangana, Chirag Ali Lane, Abids,Hyderabad.Hyderabad.

3. The District Collector, Hyderabad District, Hyderabad.4. The State ofTelangan4 Rep. by its Principal Secretary, Revenue Department,Secretariat' Hyderabad' 4. The State ofTelangan4 Rep. by its Principal Secretary, Revenue Department,Secretariat' Hyderabad'

...RES*,NDENTS

Petition under Article 226 of the Constitution of lndia pralng that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue an appropriate Writ or Direction or Order, more particularly one in the nature of Writof Mandamus, declaring the action of the respondents in not considering the representationof the Petitioner Association dt.14.10.2022, for regularization, according free hold rightsto the original lessees of Petitioner Association by executing registered sale deeds in theirfavour in their respective plots and by duly exempting from payment of registration andstamp duty fees and duly exempting fees for conversion of land and for allotment of TSIICof Mandamus, declaring the action of the respondents in not considering the representationof the Petitioner Association dt.14.10.2022, for regularization, according free hold rightsto the original lessees of Petitioner Association by executing registered sale deeds in theirfavour in their respective plots and by duly exempting from payment of registration andstamp duty fees and duly exempting fees for conversion of land and for allotment of TSIICland at l5-20 percent robate on land cost in case of relocation in TSIIC Parks, as illegal,arbitrary, violative of principles of natural justice, against the GO.Ms.No.285dt.24.10.2008, against the provisions of Azamabad Industrial Area (Termination andRegulation of Leases) Act 1 of 2000 and against all settled principles of law andconsequently direct the 2nd respondent to consider the representation of the PetitionerAssociation dt.l 4.10.2022IA NO: 1 OF 2022Association dt.l 4.10.2022IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to consider therepresentation of the Petitioner Association dt.14.10.2222. for regularization, accordingfree hold rights to the original lessees of Petitioner Association by executing registeredsale deeds in their favour in their respective plots and by duly exempting from payment ofregistration and stamp duty fees and duly exempting fees for conversion of land and forallotment of TSIIC land at l5-20o/o rebate on land cost in case of relocation in TSI1CParks IA NO: 2 OF 2022

Petition under Section 15i CPC pralng that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to direct theaffidavit filed in support of the petition, the High Court may be pleased to direct the respondent to execule and register the sale deeds in favour of the industries of theAzamabad in their respective plots in view of the G.o.Ms.No.2g5 dt.24.10.200g andMemo No. 1203/IF.Celt/At t2oto-t dt.06.05.2010

Counsel for the PetitioncrCounsel for the Respondent Nos.l and 2Counsel for the Respondent Nos.3 and 4The Courl made the follou ino : SRI. CHANDRASEN LAW OFFICES: GP FOR INDUSTRIESCITCTJ

: GP FOII REVENUE

THE HONOURABLE SRI JUSTICE K.SARATHWRIT PETITION No. 46318 of 2022

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ORDER:

This writ petition is filed under Article 226 of theConstitution of India for the following reliel "....to issue an appropriate u-trit, order or directionmore particularlg one in nature of Writ ofMandamus, declaring the action of therespondents in not consideing the representationof ttLe Petitioner Association dated 14.10.2O22, forregularization, according free hoLd rights to theoiginal lessees of Petitioner Association byexeanting registered sale deeds in their fauour intheir respectiue plots and bg dulg exempting frompayment of land and for allotment of TSIIC land at15-20% rebate on land cost in case of relocation inTSIIC Parks, as illegal, arbitrary, uiolatiue ofpinciples of natural justice, against theG.O.Ms.No.2B5 dated 24.10.2OO8, against th.eprouisions of Azamabad Industrial Area(Termination and Regalation of Leases) Act 1 of2000 and against all settled principles of law andconsequently direct the 2"d respondent to consider the representation of the Petitioner Associationdated 14.10.2022'.dated 14.10.2022'.

2. Heard Learned Counsel appearing for thePetitioner-Association and Learned GovernmentPleader for Industries Commerce appearing for therespondent Nos.1 and 2 and Learned GovernmentPleader for Revenue appearing for the respondentNos.3 and 4.

3. During the course of hearing, it is brought to thenotice of this court that for redressal .of the grievanceof the Petitioner-Association, the Petitioner-Associationherein submitted a representation dated 14.1O.2022 totJre respondents and no action has been taken on thesaid representation and a copy of the same is alsoenclosed as materia-l paper along with the writ petition.4. Having regard the nature of controversy, the writpetition is disposed of, without expressing any opinionon the entitlement ['of ]the Petitioner-Association, directing the respondents to take appropriate action onthe representation dated 14.1O.2O22 submitted by thePetitioner-Association herein, in accordance with law,within a period of eight (8) weeks from the date ofreceipt of copy of this order.

5. Miscellaneous petitions pending consideration, ifany, in the Writ petition shal stand closed inconsequence. No order as to costs.

SD/- P.CH.NAGABHUSIIAMBAASSISTANT REGISTRAR

//TRUE COPYII

SECTION OFFICER

To,

1. The Principal Secretary, Industries and Commerce Department, State of Telangana,Secretariat, Hyderabad.Secretariat, Hyderabad.

2. The Commissioner of Industries, Chirag Ali Lane, Abids, Govemment of Telangana,Hyderabad.

3. The District Collector, Hyderabad District, Hyderabad.4. The Principal Secretary, Revenue Department, Secretariat, State of Telangana,Hyderabad.4. The Principal Secretary, Revenue Department, Secretariat, State of Telangana,Hyderabad.

5. One CC to SRI. CHANDRASEN LAW OFFICES Advocate IOPUCI

6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. [OUT]7. Two CCs to GP FOR INDUSTRIES COMMERCE, High Court for the State ofTelangana. IOUTI

8. Two CD Copies

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\.HIGH COLIRI'SK, J?esNDATED: 29/12i2022sC)*,<ic+ii'-f'=\*E\0 \-ORDER'.7c ,*ilWP.No.463I8 of 2022WRIT PETITION IS DISPOSED OF WITHOUT COSTS

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