The High Court disposed of a writ petition seeking a mandamus directing revenue authorities to consider the petitioner's application for regularization of unconfirmed land property and maintain status quo pending consideration.
Directing respondents to consider the regularization application within two months and maintain status quo.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION NO:24277 OF 2023
Between:
M.A. Nayeem, S/o. M.A. Hakeem, Aged about 55 Years, Occ: Business, R/o.H.No.16-1-2418.14, F arah Colony, Saidabad, Hyderabad
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents herein in regularizing the petitioners property i.e., H.No.'16-1 1-511lEl24lAl4, land admeasuring 176.60 Sq.yards in T.S.No.33/2, Block A, Ward No. 168 in Shalivahana Nagar, Moosarambagh, Hyderabad based on petitioners application vide No.A0G0223003481O4 dated 2110412023, as illegal, arbitrary in violation of article'14, 21 and 300-A of Constitution of lndia besides in violation ofprinciples of naturaljustice and also in violation of GOMS No.59 and consequently to direct the respondents herein to consider thepetitioner's request for regularization of his property i.e., H.No.16-1 1-511lEl24lAl4, land admeasuring 176.60 Sq.yardsin T.S.No.33/2, Block A, Ward No. 168 in Sh?livahana Nagar, Moosarambagh, Hyderabad, based on petitioners rregularization application vide
No AOG022300348104 dated 21/04/2023 by reading over the apprir:ant's name as that of peritioner herein incrudrns t;;;#";;io tnu ,".ponoents herein not to interefere and disposses. *,e p.t"nion",. r;;;;;. ibove mentioned property.
IA NO: 10 F 2023
Petition under Section .151 .cPCprayingthat in the circumstances stated in the affidavit filed in supporl of tne peii,o,n, ifr"'iign Court may be pteased to direct the respondenr h.TI J9 "o".-id;'il; ;Jil;";"r. request ror resutarization of his property ie, H.No..l.6_1 t_iltEiqi'eiqli"rjro."rrrring 176.6() Sq.yards in T.S.No.33/2, Btock A. waro ruo.ioa ;;';#;r;r"a Hyderabad, based on pelitioners regularization Nasar, applicati()n Moosarambash,,iO" No A0G022300348104 aateo iioiizb)5 ov ['#,',]s over the appricant,s name as that of petitioner herein incrudinsrh;;;;ti",'to the respondents herein not to. interefere and dispossess tt" p"etition!; il; ;l pending ol.posar or irie-llove wnt petition. s above mentioned property
Counsel for the petitioner: SRt KATTKA RAVTNDER REDDY
Counsel for the Respondents: ASST. Gp FOR REVENUE
The Court made the following: ORDER
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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.24277 0F 2023
ORDER: (ORAL)
This writ petition is filed by the petitioner seeking to declare inaction of the respondents in regularising his property i.e., H.No.l6-11-5lllE/24/N4. land admeasuring 176.60 square yards, in T.S. No.33/2, Block - A, Ward No. 168 in Shalivahana Nagar, Moosarambagh, Hyderabad, based on his Applicaticin No.AOG022300348104 dated 21.04.2023 as illegal, arbitrary and in violation of Articles 14, 2l and 300-4 of the Constitution of India besides principles of natural justice and G.O. Ms. No.59; and for a consequential direction to the respondents to regularise the subject property by considering the above application submitted on behalfofthe petitioner and arso for a direction to the respondents not to interfere and dispossess him from the subject property.
that the petitioner is owner of the subject property, however, Application No.AOG022300348104 dared 2t.04.2023 for regularisation of the subject property was submitted by one Azeem Ahmed on behalf of the petitioner in compliance of G.O. Ms. No.59.
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submitted that the petitioner's application will be considered in accordance with law.
Assistant Covemment Pleader for Assignment, the writ petition is disposed of directing the respondents concemed to consider the petitioner's Application No. AOG022300348104 vide Transaction ID - TTAOG022300348104 dated 21.04.2023 submitted through online in compliance of G.O. Ms. No.59 dated, 30.12.2014 for regularisation of the subject property i.e., H.No.l6-l l- 5lllEl24lAl4, land admeasuring 176.60 square yards, in T.S. No.33/2, Block A Ward No.l68 in Shalivahana Nagar, Moosarambagh, Hyderabad, within a period of two (2) months lrom the date of receipt of a copy of this order. Pending consideration of the same, both parties are directed to maintain status quo obtaining as on today in respect of the subject property. No order as to costs.
As a sequel thereto, miscellaneous applications, if any,
pending in the writ petition stand closed.
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SD/.8. SARASWATHI ASSTSTANT REG-lrifRAR //TRUE COPY// sEcTloN 8tt,ce*
To The PrincrpalSecretary (Revenue), The State of Telangana' Secretariat Building, HYderabad.
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GJP
II HlcH couRT
DATED:0711212023
ORDER
WP.No.24277 ot 2023
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DISPOSING OF THE WRITPETITION WITHOUT COSTS ('9)/',,'-\
1 issue framed by the court
Whether the High Court should declare the inaction of respondents in regularizing the petitioner's property as illegal and direct them to consider the application.
M.A. Nayeem
The State of Telangana
B. VIJAYSEN REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
