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High Court for State of TelanganaWP/31970/2015disposed of no costs

Mr. Mohammed Liaquath, v. The State Of Telangana,

2015-10-01Vilas V.Afzulpurkar2 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.31970 of 2015 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

The petitioners sought regularisation of their House bearing No.8-3318/6/3/13/1/8, Alinagar, Yellareddyguda, Hyderabad, in an extent of 200 sq. yards. By proceedings No.C/1779/2015, dated __.09.2015, issued by the Tahsildar, Khairatabad Mandal, Hyderabad, the 4th respondent, which was received by the petitioners on 20.09.2015, the regularisation was sanctioned subject to the petitioners paying the balance amount as per Clause 6 of the Table shown in the impugned proceedings in three instalments as stipulated. It was also pointed out that the delay in paying the balance amount by 31.12.2015 would disentitle the applicants to seek regularisation. The petitioners question the said proceedings on the basis of the revised G.O. issued by the Government under G.O.Ms.No.59, Revenue (Assignment-I) Department, dated 30.12.2014, wherein the rates for regularisation have been revised.

Learned counsel for the petitioners states that by applying the criteria in G.O.Ms.No.12, dated 30.01.2015, the petitioners would be liable to pay Rs.12,50,000/- and not Rs.50,00,000/-, as stipulated in the impugned proceedings of the 4th respondent. The petitioners have also stated in the affidavit filed in support of the Writ Petition that they are willing to pay an amount of Rs.12,50,000/- in installments as fixed in the said G.O. The only question raised in the Writ Petition is regarding the calculation of the amount of regularisation fee payable by the petitioners. Taking into consideration the revised G.O.Ms.No.12, dated 30.01.2015, in my view, the petitioners can as well ventilate the said grievance before the Grievance Redressal Mechanism provided

under Clause 2 XV of G.O.Ms.No.59, dated 30.12.2014, wherein the Joint Collector is designated as the Grievance Redressal Authority and is entitled to give appropriate directions to the Committee, as he deems fit. However, to ascertain and establish the bona fides of the petitioners, it is necessary for them to deposit next installment amount of Rs.5,00,000/- on or before 15.10.2015, which would entitled them to present their grievance before the Grievance Redressal Authority, as stated above, duly attaching a copy of the receipt of payment along with a representation and if such representation is received by the Joint Collector, the same shall be examined and appropriate orders be passed by him, preferably before due date for payment of the next installment, positively.

With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ VILAS V.AFZULPURKAR, J 01.10.2015 Note:- Office is directed to mark a copy of this order to the 2nd respondent - Collector for onward transmission to the Joint Collector concerned. (B/o) KH