Baquer Hussain Quereshi, v. State Of Telangana
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13661 OF 2016
O R D E R
Heard Ms. N. Niyatha, learned counsel for the petitioners and Mr. Sampath Prabhakar Reddy, learned standing counsel for GHMC. This writ petition is filed for a mandamus declaring the action of the second respondent in not regularizing the first petitioner's plots bearing Nos.241 and 242; the second petitioner's plots bearing Nos.239 and 240; the third petitioners plot bearing Nos.226 and the fourth petitioner's plot bearing No.228 in Survey No.66/2 of Rayadurg Navkhalsa Village, Serlingampally Mandal, Ranga Reddy District, under a Layout Regularization Scheme, as illegal, arbitrary and in violation of Articles 14 and 21 of the Constitution of India, and for a consequential direction to the second respondent to regularize the petitioners' above mentioned plots.
Learned counsel for the petitioners as well as the learned standing counsel for the Municipal Corporation submitted that the issue raised is covered by the decision rendered by this Court in W.P.No.34726 of 2014 dated 24.12.2014.
The operative portion of the said order reads as under: "Therefore, the Writ Petition is allowed; the action of the 2nd respondent in not regularizing the plot of the petitioner under the Layout Regularization Scheme notified vide G.O.Ms.No.902, Municipal Administration and Urban Development (M1) Department dt.31.12.2007 (Andhra Pradesh Regulation of Unapproved and illegal Layout Rules, 2007) is declared as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India;
the intimation in Lr.No.G/1785/LRS/CirXI/WZ/2012 dt.15.03.2013 is set aside; consequently, direction is issued to the respondents 2-4 to regularize the plot of the petitioner under the above scheme within a period of one month from the date of receipt of a copy of this order."
In terms of the aforestated order and for reasons alike as were mentioned therein, this Writ Petition is disposed of with the same direction.
Pending Miscellaneous Petitions shall stand closed in the light of this final order. No order as to costs.
______________________ SANJAY KUMAR, J Date: 22.04.2016 va