Petitioner challenged the inaction in allotting excess land. Court held the complaint of inaction was settled as authorities found the land vacant and assigned for a boys hostel.
Prayer for mandamus to direct consideration of applications dismissed.
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HONOURABLE SRI JUSTI CE SANJAY KUMAR
WRI T PETI TI ON No.3810 OF 2019
O R D E R:
1 The prayer of the petitioner in this case reads as under:
“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue writ or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not considering the applications of the petitioner dated 21 06 2016 and 07 08 2018 made for allotment/regularization of excess land which is under his possession in respect of house bearing municipal nos 19538 19538/1 and 19538/2 under Plot Nos 7 8 and 9 under sy no 1 total admeasuring 1248 40 sq yards situated at Nandi Muslaiguda Hyderabad is illegal arbitrary unjust unconstitutional and in violation of principles of natural justice and also contrary to the guidelines issued under G O Ms No 92 Revenue ULC Department dated 26 05 2016 and consequently direct the respondents to consider the applications of the petitioner dated 21 06 2016 and 07 08 2018 and pass such other relief or reliefs as this Honble Court deems fit and proper in the circumstances of the case.”
Revenue, State of Telangana, appearing for the respondents in this Writ Petition, informed this Court that the applications made by the petitioner were considered and his request therein was already rejected. He sought time to produce the rejection order.
3 Today, the learned Assistant Government Pleader placed before this Court a copy of the Endorsement dated 13.10.2017 made by the Tahsildar, Bahadurpura Mandal, Hyderabad District, under communication to the petitioner, wherein he stated that the application for regularization of the subject land could not be considered as the land in question was vacant and was already handed over to the Social Welfare Department for construction of a boys’ hostel.
4 In the light of the aforestated Endorsement, the complaint of the petitioner as to the alleged inaction on the part of the authorities stands settled.
5 The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out his remedies, if he is aggrieved by the aforestated
2
Endorsement dated 13.10.2017 of the Tahsildar, Bahadurpura Mandal, Hyderabad District.
6 Pending Miscellaneous Petitions, if any, shall also stand dismissed. No
order as to costs.
____________________ JUSTI CE SANJAY KUMAR
March 12, 2019. Kvsn
2 issues framed by the court
Whether the petitioner can challenge the inaction of authorities when land is under possession for a social welfare project.
Whether the petitioners prayer for regularization of vacant land handed over to the Social Welfare Department is maintainable.
Petitioner
Respondents
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
