Disposed

Yerubandi Karuna, v. The Principal Secretary, Municipal Administration and

Telangana HC20 Apr 2018WP/1480/2016

Case brief

AI extract

What is this about?

The High Court issued a writ of mandamus directing state authorities to consider a petitioner's application for regularization of a plot within four months, citing violation of natural justice and relevant regulations due to inaction.

What did the court decide?

Respondents directed to consider the application for regularization within four months from receipt of the order.

Yerubandi Karuna, Vs The Principal Secretary, Municipal… — Property and Title | Telangana HC (2018)

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THE HON’BLE SRI JUSTICE P.KESHAVA RAO

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WRIT PETITION No.1480 OF 2016

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ORDER :

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Heard the learned counsel for the petitioner as well as the

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learned Standing Counsel appearing for respondents 2 to 4.

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The prayer in the writ petition is as under:

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“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not considering the application for regularization of Plot No.42 situated in Sy.No.4/3 of Jaggarajupeta village, Gajuwaka Municipal Limits of Gajuwaka Mandal under L R S after collecting the requisite fee and after fullfilling all the obligations, as illegal, arbitrary and in violation of the principles of natural justice and in contravention of the provisions of Rule 2 (iii) 3 (v) and Rule 9 and 15 of the A.P. Regulation of unapproved and illegal Lay Out Rules 2007 issued under G.O.Ms.No.902, dated 31.12.2007 and the subsequent orders of the Government of A.P. issued from time to time and in violation of Article 21 and 300A of the Constitution of India and to direct the respondents to consider the application 24.9.2008 for the regularisation of Plot No.42 situated in Sy.No.4/3 of Jaggarajupeta village Gajuwaka Municipal Limits of Gajuwaka Mandal and to pass such other order……..”

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The facts of the case are that the petitioner purchased plot No.42 in Sy.No.4/3 situated at Jaggarajupeta Village, Gajuwaka Municipal Limits of Gajuwaka Mandal vide registered sale deed dated 19.11.1993 for a valuable consideration of Rs.16,670/-. However, the said plot was made in an unapproved layout. Therefore, in compliance with G.O.Ms.No.902 dated 31.12.2007, the petitioner herein submitted an application to the 3^rd respondent-Authority on 24.09.2008 along with the requisite documents to localize the above said plot. However, the grievance of the petitioner is that no orders have been passed even till date.

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During the course of arguments, learned Standing Counsel appearing for respondent Nos.2 to 4 would submit that the application of the petitioner will be considered in compliance with

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G.O.Ms.No.902 dated 31.12.2007 and subsequent

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amendments/changes made vide memo No.218899/M2/2016, dated 02.04.2018.

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Accordingly, respondents 2 to 4 are directed to consider the application of the petitioner in compliance of G.O.Ms.No.902 dated 31.12.2007 and also the memo No.218899/M2/2016, dated 02.04.2018, within a period of four months from the date of receipt of a copy of this order, as per law.

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With the above observation, the Writ Petition is disposed of. No costs.

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The Miscellaneous Petitions, if any, pending shall stand closed.

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____________________________ JUSTICE P.KESHAVA RAO Date : 20.04.2018 ssp

Yerubandi Karuna, v. The Principal Secretary, Municipal Administration and

Case brief

What is this about?

What did the court decide?

Yerubandi Karuna, v. The Principal Secretary, Municipal Administration and

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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