Telangana High Court
WP/38449/2013 of Mrs. Wajida Khatoon Vs Govt. of A.P. on 30 December 2013
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38449 of 2013 Date: 27.12.2013 Between: Mrs. Wajida Khatoon and another ..... PETITIONERS AND Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad and others .....RESPONDENTS Counsel for the
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.38449 of 2013
Date: 27.12.2013
Between: Mrs. Wajida Khatoon and another ANDGovernment of Andhra Pradesh,Rep. by its Secretary,Revenue Department, Secretariat,Hyderabad and others
..... PETITIONERS.....RESPONDENTS
Counsel for the Petitioner: SRI M. KARUNA SAGAR
Counsel for the Respondents: AGP FOR REVENUE
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ORDER:
This writ petition is filed with the grievance that having issuedG.O.Ms.No.690 Revenue (Assignments III) Department dated 28.06.2011,the respondents have not been implementing the same though thepetitioners are prepared to comply with all the conditions mentionedtherein.
A perusal of G.O.Ms.No.690 dated 28.06.2011 shows thatrespondent No.1 has accorded permission for transfer of rights over theland to the extent of 733 square yards in Survey No.403, T.S.No.1/1/1,Block ‘H’, Ward No.9, Shaikpet Village and Mandal, Hyderabad District infavour of petitioner No.1 on payment of Rs.71,73,906/-. The said G.O hasmade the transfer of the rights subject to petitioner No.1 adhering to the following conditions:
“(A) It is to be ensured that the proof of documents furnished by theapplicant should be in favour of the applicant and the documentshould be on or before the stipulated dated i.e., 31.12.2013.applicant should be in favour of the applicant and the documentshould be on or before the stipulated dated i.e., 31.12.2013.
(B)The Registered Document should be verified about its validityand genuineness.and genuineness.
(C)The calculation should be verified as per the matrix and confirmits correctness before giving notice to the applicant.its correctness before giving notice to the applicant.
(D)An affidavit should be obtained from the applicant that he shallforego his right in all pending cases and withdraw LG/SLP casespending before the Land Grabbing (Prohibition) Court and otherCourts.forego his right in all pending cases and withdraw LG/SLP casespending before the Land Grabbing (Prohibition) Court and otherCourts.
(E)All other conditions prescribed in G.O.Ms.No.166, dated16.02.2008 should be followed.”16.02.2008 should be followed.”
The petitioners pleaded that they are prepared to comply with allthe above mentioned conditions and despite the same, respondents 2 to 5are not implementing the said G.O.
Having heard the learned counsel for the parties, I am of theopinion that so long as G.O.Ms.No.690 dated 28.06.2011 remains in force,respondents 2 to 5 are bound to implement the same subject to thepetitioners complying with the conditions prescribed therein.
In this view of the matter, petitioner No.1 is permitted to make arepresentation to respondent No.2 for transfer of the rights of the landwithin one month. On such representation, respondent No.2 shallimplement G.O.Ms.No.690 dated 28.06.2011 in all respects subject to the petitioners complying with conditions A to E of para 6 of the G.O. Ifrespondent No.2 has any reason not to implement the said G.O within thestipulated time, he shall pass an order in writing and communicate thesame to the petitioners.
Subject to the above directions, the writ petition is disposed of.As a sequel to disposal of the writ petition, W.P.M.P.Nos.47782and 47783 of 2013 are disposed of as infructuous.
Date: 27.12.2013va
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C.V.NAGARJUNA REDDY, J