N. Somashekara Rao v. Special Officer And Competent Authority,

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 29189 of 2011 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for the respondents. With the consent of both the parties, the Writ Petition is disposed of at the stage of admission. The present Writ Petition is filed seeking issuance of writ of mandamus declaring the action of the respondents 1 and 2 in not regularizing the plots bearing Nos.395 and 396 (Type-B) in S.No.205, admeasuring 400 sq. yards or 334.4 sq. mts situated in Kondapur village, Serilingampalli Mandal, Ranga Reddy District, presently known as Sri Ramnagar clony of Serilingampally circle of Greater Hyderabad Municipal Corporation, Hyderabad, as illegal and arbitrary and contrary to the provisions of G.O.Ms.No.455 Revenue (U C-I) Department dated 29.07.2002 and G.O.Ms.No.747 Revenue (U C-I) Department dated 18.06.

2008 of the 2nd respondent and also violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 1 and 2 to regularize the above referred plots and also to issue No objection certificate to the respondents 3 and 4 to enable them to regularize the layout of the above said plots.

The averments in the affidavit filed in support of the Writ Petition are as under :

The petitioners are alleged to have purchased Plots bearing Nos.395 and 396 (Type - B) in S.No.205 admeasuring 400 sq. yards or 334.4 sq. mts siuated in Kondapur village, Serilingampalli Mandal, Ranga Reddy District presently known as Sri Ramnagar colony of Serilingampally from its original owner M.A.Somayajulu under a

registered sale deed bearing Doc.No.8828/95 on 06.09.1995 for a valuable sale consideration and thereafter paid an amount of Rs.2,03,839/- through local pay order and submitted the same along with the prescribed application form for regularization of the said plots in accordance to the provisions of G.O.Ms.No.455 Revenue (U C-I) department dated 29.07.2002. It is stated that inspite of payment of the demanded amounts, the respondents 1 and 2 are not regularizing his two plots under the ULC Act and not giving the required No objection to respondents 3 and 4 with regard to grant building permission. Since the respondents 1 and 2 are not acting upon the application made by the petitioner, the present Writ Petition is filed seeking a direction to the respondents 1 and 2 to issue no objection certificate to respondents 3 and 4.

Though various issues are raised by the learned counsel for the petitioner, but however he restricts his prayer seeking a direction to respondents 1 and 2 to pass orders on the application made by the petitioner. Learned Government Pleader for respondent did not oppose the same.

Having regard to the circumstances of the case and also taking into consideration the judgment relied on by the learned counsel for the petitioner in K.Narsinga Rao v. Special Officer and Competent Authority, Urban Land Ceiling , the Writ Petition is disposed of with a direction to the respondents 1 and 2 to pass order on the application made by the petitioner in accordance with law within 8 weeks from the date of receipt of the copy of this order, if the same is still pending with them.

Accordingly, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

_______________________________ JUSTICE C. PRAVEEN KUMAR

Date:11.08.2015 GM