G.Tata Rao, v. The State Of A.P.,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.1077 of 2017 ORDER:

1) Heard learned counsel for the petitioners and Government Pleader for Revenue. With their consent, the present writ petition is disposed of at the admission stage itself.

2) The present Writ Petition came to be filed seeking issuance of a writ of mandamus declaring the action of the respondents in deciding to include the lands in an extent of Ac.18.00 in Sy.No.86 of Gajuwaka Village and Mandal, Visakhapatnam, pending application for regularisation of the above plots submitted under G.O.Ms.No.301, dated 05.07.2016, as illegal, arbitrary and violative of principles of natural justice and the orders of this Hon'ble Court passed in W.P.Nos.26098/ 2000, 12738/ 2001 and 21980/ 2003 and consequently direct the 2nd respondent herein to consider the applications of the petitioners submitted for regularisation.

3) A perusal of the material placed before this Court would show that earlier, some of the persons filed W.P.Nos.26098 of 2000, 12738 of 2001 and 21980 of 2003. By an order dated 22.09.2008, this Hon'ble Court disposed of the writ petitions giving liberty to the petitioners therein to approach the

Officer concerned within a period of eight (08) weeks from the date of said order for regularisation of their occupation in terms of G.O.Ms.No.44 and if such applications are received, the competent authority was directed to dispose of the same expeditiously. It is further observed that till disposal of the petitioners' applications, if made within the above-stipulated time, their possession shall not be interfered with. Subsequently, some of the petitioners filed W.P.Nos.4234 and 7792 of 2009 to declare the action of the respondents in not considering their applications for regularisation of their plots as illegal and arbitrary. By an order dated 23.06.2010, this Hon'ble Court disposed of the said writ petitions directing the authorities to consider the applications in terms of G.O.Ms.No.44, dated 11.02.2008 and G.O.Ms.No.166, dated 16.02.2008, as the case may be. It is further directed that the said exercise shall be completed expeditiously and not later than two months from the date of receipt of the duly completed applications of the petitioners.

4.

Learned counsel for the petitioners would submit that in spite of the orders passed by this Court, the applications of the petitioners and others are still pending and the respondents are now trying to alienate the property in favour of the third parties without issuing any notice to the petitioners and others.

5.

Learned Government Pleader for Revenue submits that a suitable direction may be given to the respondents to dispose of the applications submitted by the petitioners within a reasonable time.

6.

It is to be noted that such a direction was already given in W.P.Nos.4234 and 7792 of 2009, but the applications are still pending consideration.

7.

However, having regard to the request made, the application submitted by the petitioners seeking regularisation of land Ac.18.00 cents in Sy.No.86 of Gajuwaka Village and Mandal, Visakhapatnam District, shall be considered, in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order. Till such time, the authorities shall not alienate the said land. 8.

With the above direction, the Writ Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR 06.01.2017 gkv