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High Court for State of TelanganaWP/19303/2014disposed of no costs

Daggupati Gopaiah v. Government Of Telangana.

2016-04-20A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.19303 of 2014 ORDER:

This Writ Petition is filed seeking to issue a writ or direction, preferably writ of mandamus declaring the inaction of the respondent Nos.2 and 3 in finalizing the regularization proceedings and consequential action in the light of the proceedings Rc.No.1020/2011, dated 07-04-2012 forwarded by the 3rd respondent to the 2nd respondent recommending the petitioners' claims for regularization, as illegal, arbitrary and consequently direct the respondent Nos.2 and 3 to regularize the petitioners' possession and effect mutation in the revenue records by issuing pattas.

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue (Telangana) appearing for the respondents.

The learned counsel for the petitioners submit that petitioners are in peaceful possession and enjoyment of the total land admeasuring Ac.9.30 guntas in Sy.No.264 situated at Venkatagiri Village, Khammam Rural Mandal of Khammam District. The petitioners hail from poor S.C. community and they have purchased small extent of land on various dates from its original owners in the years 1996 and 2001. Later, the petitioners came to know that the said land is assigned land and as such, they have submitted representation to the

Respondent Nos.1 to 3 and also to the District Collector, Khammam on 18-12-2009 and 04-07-2011 for regularization and also for effecting mutation in the revenue records. Thereafter, the 3rd Respondent, after conducting enquiry, had submitted report to the 2nd respondent on 07-04-2012 vide proceedings Rc.No.C/1020/2011. In spite of the report submitted by the 3rd Respondent to the 2nd Respondent, no action has been taken. Aggrieved by the same, the present writ petition is filed.

A perusal of the record goes to show that the 3rd Respondent submitted report to the 2nd Respondent on 07-042012 and it is for the 2nd Respondent to take appropriate action on the report submitted by the 3rd Respondent. This Court cannot go into the issue whether the petitioners are entitled for regularization of the land or not, but it is for the 2nd Respondent to take action in accordance with law.

Hence, the Writ Petition is disposed of directing the 2nd Respondent to pass orders in accordance with law on the report submitted by the 3rd Respondent on 07-04-2012 and take appropriate action within a period of three months from the date of receipt of a copy of the order. No order as to costs. Consequently, miscellaneous petitions pending, if any, in the writ petition shall stand closed.

__________________________ A. RAJASHEKER REDDY, J Date: 20-04-2016 SKMR