Mohammed Khaleel, v. State Of Telangana,

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.23541 of 2017 ORDER:

Heard Mr. C. Raghu for petitioners and the Assistant Government Pleader for respondents.

2. On 17.07.2017, at request of the respondents, the writ petition is directed to be listed today for admission and also to enable the 2nd respondent to place before the court the status of land and also possession claimed by petitioners. The 2nd respondent is present in the court.

3. The petitioners complain against the threatened action of respondents in dispossessing the petitioners from Plot Nos.83, 95, 14, 2, 43, 44, 36, 77, 17, 18, 80, 97, 81, 96, 75, 82, 95, 87 & 88 in Sy.No.214 of Gagillapur Village, Qutbullapur Mandal, Ranga Reddy District, without recourse to law, as illegal, arbitrary and unconstitutional. The petitioners, in support of possession of respective plots in the subject survey number, rely upon the photographs of the houses on which the petitioners are residing, the property tax paid to Gagillapur Gram Panchayat and also the agreement of sale under which possession of respective plots is claimed by them. The petitioners insist upon following the procedure under the A.P. Assigned Lands (POT) Act, 1977.

4. The Assistant Government Pleader (Revenue) on instructions submits that the subject survey number is Government assigned land. The possession of petitioners is illegal and void ab initio. The respondents since have issued notices for dispossession etc., the petitioners cannot complain by filing writ petition. He submits that

petitioners, if apply to 2nd respondent for allotment of 2 BHK houses, prove their possession of Government land and also give undertaking that during consideration of their request for allotment of actual allotment of house, petitioners will neither change the physical features nor put the third parties in possession of respective plots, 2nd respondent is prepared to consider the cases of the petitioners and pass orders as per their entitlement and subject to further conditions imposed in this behalf.

5. Mr. C. Raghu, consents to filing independent requests by petitioners for allotment of 2 BHK houses implemented in the neighbourhood. The 2nd respondent, with a view to prevent misuse or increase number of persons for consideration from the subject land, is directed to make physical inspection of subject property by today evening, prepares list of all occupants and basing upon the physical features, basing on report, the cases of petitioners are considered. The 2nd respondent undertakes to pass a comprehensive order of allotment and/ or eviction. Till the houses are constructed and delivered to petitioners, each allottee is permitted to remain in possession of house for the present in his/ her possession. The persons, who are not eligible for 2 BHK houses, it is made clear that the 2nd respondent follows the procedure of law and evicts them.

6. The writ petition is, disposed of, accordingly. No order as to costs. Pending miscellaneous petitions if any in this writ petition shall stand dismissed in consequence.

____________ S.V.BHATT, J Date: 21.07.2017 BSS

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.23541 of 2017 Date: 21.07.2017 BSS