S.A.Saleem Pasha v. State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13977 OF 2019 Date:07.08.2019 Between:

S. A. Saleem Pasha, S/o. S. A. Gani Pasha, Aged about 34 years, Occ: Business, R/o.H.No.6-8-118, Mursahd Darga, Tandur Municipality, Vikarabad District .. Petitioner And State of Telangana, rep., by its Principal Secretary, Revenue, Telangana Secretairat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13977 OF 2019 ORDER:

Heard.

2.

Petitioner claims to be the resident of Tandur and owner of the land to an extent of Ac.1.02 guntas in Survey Nso.57 and 58 of Tandur Village and Mandal, Vikarabad District. He alleges that the unofficial respondents 5 and 6 became owners through document No.643 of 2019 by declaring the land purchased by them as agricultural land, whereas that area is classified as residential and industrial area and stamp duty has to be determined as per square yard basis. He alleges that the unofficial respondents also purchased land in Survey Nos.57, 58 and 61 of Tandur Village and Mandal and are now making advertisements for selling the plots. According to petitioner, the same is not valid as no layout was formed and approved by the competent authority and therefore registration of the document cannot be taken up in respect of the said plots.

3.

Learned standing counsel for Municipality, on instructions, submits that there is no development activity in the above said lands and no permission of layout was obtained. Therefore the claim made by the petitioner has no merit.

4.

However, the averments in the affidavit filed in support of the Writ Petition are silent as to how the petitioner is concerned with reference to the activities undertaken by the unofficial respondents in their land. Though the petitioner admits that the unofficial

respondents are the owners of the land having purchased in the year 2019, he has not stated as to how he is affected. 5.

Learned counsel for the petitioner sought to explain that if a proper layout is formed, the same may help the petitioner in future and unless and until layout is not formed, there is ambiguity regarding affecting of the ingress and aggress of the petitioner. 6.

Having regard to the same, the prayer sought in the Writ Petition cannot be granted. If the petitioner has any grievance vis-à-vis the unofficial respondents with reference to easementary rights, it is open to them to work out their remedies as available in law.

7.

The Writ Petition is accordingly dismissed.

Pending miscellaneous petitions shall stand closed.

_____________________ P. NAVEEN RAO, J Date:07.08.2019 KH