K.Chandra Sekar And Another v. The State Of Telangana And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.3100 OF 2020

ORDER

This writ petition is filed seeking the following relief: "to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not registering the plot No.28 admeasuring 85.12 Sq Yards, near Saibaba Temple, Baghlingampally, Hyderabad, by receiving balance of auction sale consideration duly considering the representation of the petitioners dated 25/03/2010 and 28/01/2020 as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the 2nd and 3rd respondents to register the plot No.28, admeasuring 85.12 Sq Yards, near Saibaba Temple, Baghligampally, Hyderabad, by receiving balance of auction sale consideration duly considering the representation of the petitioners dated 25/03/2010 and 28/01/2020 forthwith in the interests of justice and to pass such other order or orders as this Hon'ble Court may deems fit, just and proper in the circumstances of the case."

Heard learned counsel on either side.

It is the case of the petitioners that they have participated in the auction for purchase of 85.12 square yards near Saibaba Temple, Baghlingampally, Hyderabad and they stood as highest bidders. Their grievance is that though they were the highest bidders, the respondents are not executing sale deed in their favour. Some third party has filed writ petition and obtained stay not to sell the property in favour of

the petitioners and thereafter, the said writ petition was disposed of.

Later, the petitioners have submitted representations dated 25.3.2010 and 28.01.2020 to the respondents to execute sale deed in their favour. But, so far, no orders have been passed thereon.

Learned counsel appearing for the petitioners contended that appropriate orders be passed in the writ petition directing the respondents to consider the representations dated 25.3.2010 and 28.01.2020 submitted by the petitioners. Learned Government Pleader as well as learned Standing Counsel appearing for the respondents contended that since the representations submitted by the petitioners are pending with the respondents, the respondents would consider the same and pass appropriate orders thereon, in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that this writ petition can be disposed of directing the respondents to consider the representations dated 25.3.2010 and 28.01.2020 submitted by the petitioners and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 14.2.2020 rkk