Disposed

Mohammed Yaseen v. The State of Telangana

Telangana HC4 Nov 2024WP/316/2024

Case brief

AI extract

What is this about?

Petitioners sought a mandamus directing revenue authorities to act on an application to regularize possession of government land surplus under ULC per G.O.Ms.No.59. The Court directed respondents to consider the application and pass a reasoned order within three months.

What did the court decide?

Respondents directed to consider application No.AOG022300421476 dated 29.04.2023 and pass a reasoned order within three months.

Mohammed Yaseen Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)

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h/ONDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 316 oF 2024

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Between:

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1 Mohammed Yageen, S/o. Mr J,4ohammed Ghouse, Aged. 4g years, Occ. Pusiness,^{Rlio. H. No. 16- 5- 466, Khidki Bood} Ati Sha[, Nooi ftjn-ba.ar, Hyderabad.

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2 lVlohammed Taher. Ali, S/o Mohammed Jahangir Ali, Aged. 37 years, Occ. Business, R/o. H. No. 2-1 2t 1, Athvely lvtandat,"t,4edchai:NAatta;giri Di;irict, - 501 401

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...PEIITIONERS

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AND

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The state of _Telangana, Rep. by the chief Secretary Department of Revenue, Secretariat Hyderabad.

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The District Collector, Hyderabad District, Hvderabad

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The Joint Collector, Hyderabad District, Hvd'erabad

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The [,4andal Revenue Officer. Shaikpet, Hyderabad

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction, more particularly a writ in the nature of ltrlandamus, declaring the inaction of the Respondent Nos. 2 to 4 on his application dated 2910412023, keeping it pending since eight months though having conducted survey, and identifying the property, not deciding and passing necessary orders as per law under G. O_ Ms. No. 59 Revenue (Assignment_l) Department dated. 3011212014, regularizing his possession of a functional building with vacant site in unobjectionable government land surplus under ULC being illegal, arbitrary, contrary to law and the established procedure and in violation of the fundamental rights guaranteed to him under Article^.14 and 21 ol the Constitution of India

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lA NO: 1 OF 2A24

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pteased to direct the Respondents 2 to 4 not to dispossess the petitioners and not to interfere in their peaceful possession of the subject property bearing House No. 8-1-4021399, comprised in 422.00 Sq.yards, situated at Gurshan corony, Shaikpet (V), Jubilee Hitts Circte 18, Khairtabad Zone, Shaikpet (M), cH^/C, Hyderabad, pending disposal of the Writ petition

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Counsel for the Petitioner: SRl. S. M. RAFEE

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Counsel forthe Respondents: AGp FOR REVENUE

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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WRIT PETITION No.316 of 2o24

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ORDER:

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' This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:

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"..-.to issue an oppropiote writ, order or direction more particularlg a wit in the nature of Mandamus declaing the inaition of tie Respondent Nos. 2 to 4 on his applicatioi dated 2g/O4/2O23 keeping it p"nding since eight monlhs thouglt hautnq contlucted surueg and identfying tlTe propertg not deciding ind passtng necessary orders as per latu under G.O.Ms.No.Sg Reuenue (Assignment I) DepqtTmenL dated: 30/ 12/ 2014 regulaiz.ing his Possesslon of a functionat building with uaiant stte in unobjectionable gouemment land surplus under IILC being illegal, arbitrary, contrary to loLU ond the established proceduri and in uiolatton of the fundamentol ights guaranteed to him under Article 14 and 21 of the Constitution of htc)ia ancl to pass...."

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It is stated that petitioner No.I is the owner of house bearing Municipal No.8-1-402/399, admeasuring 422.OO Sq.yards, situated at Gulshan Colony, Shaikpet (V), Jubilee Hills, having acquired the subject property through a Registered Agreement of Sale-cum General power of Attorne.y bearing document No.2573 of 2O06, dated Ol.O7.2006. It is further stated that later, petitioner No.1 entered into a registered development agreement-cum-General power of 'rAttorney, bearing document No.1751 of 2023, dated 22.O2.2023 with petitioner No.2 and the house constructed

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CVBR, J w p _316 _2024

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by petitioner No. i is assessed to the municipal^propertytax and has fullilled all the requirements for reguiarization^of the subject property in terms of G.O.Ms.No.S9 Revenue (Assignment..l) Department dated 30.12.2014. It is further stated tha.t petitioner No.1 has submitted an application, dated 29.04.2023 for regularizing the said property and even though he is eligible for relief and benefit under G.O.Ms.No.59 Revenue (Assignment-l) Department dated 30.12.2014, the respondents have not considered the said applicatior.r till date and are making efforts to dispossess him from the sub.ject property.

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Considered the submissions of learned counsel for the parties and perused the record.

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Learne,l Assistant Government Pleader for Revenue appearing lcr the respondents has not disputed the submission of application uide No. AOGO223OO42l476, dated 29 .O4.2023 by petitioner No. 1.

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CVBR, J W^p _31,6_2024

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In view of the above submissions, this Court is of the opinion that the ends of the justice would be met, if the respondents are directed to consider the application uid-e No.AOG0223OO42|476 dated 29.04.2023 submitted by petitioner No. 1, if the petitioner No. 1 satisfies the requirements of G.O.Ms.No.59 Revenue (Assignment-l) Department, dated 30.12.2014, pass a reasoned order and communicate the same to the petitioner within a period of three (3) months from the date of receipt of copy of this order.

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