Yerubandi Karuna, v. The Principal Secretary, Municipal Administration And

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No.1480 OF 2016 ORDER:

Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for respondents 2 to 4. The prayer in the writ petition is as under:

".....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not considering the application for regularization of Plot No.42 situated in Sy.No.4/3 of Jaggarajupeta village, Gajuwaka Municipal Limits of Gajuwaka Mandal under L R S after collecting the requisite fee and after fullfilling all the obligations, as illegal, arbitrary and in violation of the principles of natural justice and in contravention of the provisions of Rule 2 (iii) 3 (v) and Rule 9 and 15 of the A.P. Regulation of unapproved and illegal Lay Out Rules 2007 issued under G.O.Ms.No.902, dated 31.12.2007 and the subsequent orders of the Government of A.P.

issued from time to time and in violation of Article 21 and 300A of the Constitution of India and to direct the respondents to consider the application 24.9.2008 for the regularisation of Plot No.42 situated in Sy.No.4/3 of Jaggarajupeta village Gajuwaka Municipal Limits of Gajuwaka Mandal and to pass such other order........" The facts of the case are that the petitioner purchased plot No.42 in Sy.No.4/3 situated at Jaggarajupeta Village, Gajuwaka Municipal Limits of Gajuwaka Mandal vide registered sale deed dated 19.11.1993 for a valuable consideration of Rs.16,670/-. However, the said plot was made in an unapproved layout. Therefore, in compliance with G.O.Ms.No.902 dated 31.12.2007, the petitioner herein submitted an application to the 3rd respondent-Authority on 24.09.

2008 along with the requisite documents to localize the above said plot. However, the grievance of the petitioner is that no orders have been passed even till date. During the course of arguments, learned Standing Counsel appearing for respondent Nos.

G.O.Ms.No.902 dated 31.12.2007 and subsequent amendments/changes made vide memo No.218899/M2/2016, dated 02.04.2018.

Accordingly, respondents 2 to 4 are directed to consider the application of the petitioner in compliance of G.O.Ms.No.902 dated 31.12.2007 and also the memo No.218899/M2/2016, dated 02.04.2018, within a period of four months from the date of receipt of a copy of this order, as per law.

With the above observation, the Writ Petition is disposed of. No costs.

The Miscellaneous Petitions, if any, pending shall stand closed.

____________________________ JUSTICE P.KESHAVA RAO Date : 20.04.2018 ssp