Mohd. Khaleel v. State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.2940 of 2019 ORDER:

The prayer of the petitioners in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ or order/s or direction more particularly one in the nature of Writ of Mandamus directing the respondents not to interfere with the possession of the petitioners in respect of the land ad measuring 1953 square yards in survey no.91 situated at Gachibowli village, Serilingampally mandal, Ranga Reddy district without due process of law and without complying with the directions of this Honorable Court in WP no.22801/2010 dated 14-8-2012 and WP no.40183/2018 dated 8-11-2018 and be pleased to pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case.'

It appears that the petitioners submitted applications on 15.10.2018 seeking regularization of their possession over the subject land under the provisions of G.O.Ms.No.179, Revenue (Assn.I) Department, dated 01.09.2018. Earlier, they filed W.P.No.40183 of 2018 before the common High Court for the States of Telangana and Andhra Pradesh complaining of inaction on the part of the authorities in dealing with their applications. The said writ petition was disposed of by order dated 08.11.2018 directing the authorities to dispose of the said applications in accordance with law and take action thereon within two months from the date of receipt of a copy of the said order. While so, the present writ petition was filed on the apprehension of the petitioners that they would be dispossessed from the subject land by the authorities during the pendency of the consideration of their applications.

By order dated 14.02.2019, this Court directed status quo as regards the possession obtaining as on that day to be maintained pending

further orders and directed the learned Assistant Government Pleader for Revenue, State of Telangana, to obtain instructions in the meanwhile. Today, the learned Assistant Government Pleader for Revenue would inform this Court that the applications dated 15.10.2018 submitted by the petitioners are still under consideration. Be it noted that the time frame fixed in the order dated 08.11.2018 passed in W.P.No.40183 of 2018 has already expired. In any event, as the authorities are yet to take a decision upon the applications submitted by the petitioners under G.O.Ms.No.179 dated 01.09.2018, it would not be open to them to take any adverse action against the petitioners at this stage.

The writ petition is accordingly disposed of directing the respondents to maintain status quo as regards possession over the subject land pending consideration of the petitioners applications dated 15.10.2018 submitted under G.O.Ms.No.179 dated 01.09.2018. The authorities shall communicate the decision so taken to the petitioners under due acknowledgment.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:18.02.2019 GJ