R. Ballingam And 25 Others v. The State Of Telangana And 4 Others

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY W.P.Nos 23193 and 23339 of 2019 COMMON ORDER :

The case of the petitioners is that they are absolute owners and possessors of houses in survey No.278 situated at Madhuranagar, Neredmet and other areas covered by Malkajgiri Mandal and they constructed the said houses long back and regularly paying the municipal taxes. That the petitioners are all bonafide purchasers treating it as private land either by way of agreement of sale, gift deeds and sale deeds etc., respectively. The Government claimed the entire land in survey No.278 is government land. As per G.O.Ms.No.59 Revenue (Assignment 1) Department dated 3012-2014, the petitioners made application in the year 2015 by paying the required amount as per said G.O. and thereafter the cases of the petitioners were considered by the Screening Committee headed by respondent No.4 and finally got issued the final notices by respondent No.

5 on various dates directing the petitioners to pay the remaining amounts for executing the conveyance deeds and thereby the petitioners paid the entire amount as per said final notices issued by Tahsildar way back in between 2015 and 2016.

respondents for execution of conveyance deeds in respect of subject land. But so far, no action has been taken by respondents. Aggrieved by the same, the present writ petitions are filed.

Learned counsel for the petitioners submits that petitioners are seeking regularization of only 300 square yards, as per G.O.Ms.No.12, Revenue (ASSN.I) Department, dated 30-01-2015 the petitioners are liable to pay 50% of the market value, but the respondent-authorities have collected 100% of market value. The petitioners are entitled not only for execution of conveyance deeds but also refund of the amount as per G.O.Ms.No.12, dated 30-01-2015. Heard learned Assistant Government Pleader for Revenue, who, submits that the petitioners have paid amounts as per G.O.Ms.No.59, dated 30-12-2014, as such they cannot seek refund of the amount.

In this case, it is to be seen that the petitioners have filed a detailed representation on 06-08-2019 before the respondents by stating above facts, which shows that the grievance of the petitioners is already pending before the respondent-authorities, it is for them to consider the same and take action in accordance G.Os instead of keeping the same pending, as the petitioners state that they have paid the amounts.

In view of the same, the writ petitions are disposed of directing the competent authority to consider the

representation of the petitioners dated 06-08-2019 and take action on the same within a period of four weeks from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.

____________________________ A. RAJASHEKER REDDY, J 21-01-2020 Nvl

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY ARBITRATION APPLICATION No.97 of 2019 31.12.2019 (Msr)