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High Court for State of TelanganaWP/16006/2007disposed of no costs

Adi Andhra Aided Elementary School, Woodpet, v. The State Of Andhra Pradesh,Rep.By Its Principal

2018-09-20T.Amarnath Goud3 pages

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.16006 OF 2007 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue an order or direction, more particularly, in the nature of writ of Mandamus declaring the proceedings in Rc.No.E6/3921/2000, dated 21.06.2007, issued by respondent No.2 as illegal and arbitrary and consequently, direct the respondents to regularize the occupation of the petitioner Institution without insisting for payment of market value. 2.

It is the case of the petitioner Institution that earlier, when the President of the petitioner Institution has filed an application before the respondents contending that the subject property admeasuring 120 sq.yards is in the possession of the petitioner Institution for the last several decades, the Government considered the same and granted patta in favour of the petitioner Institution. Subsequently, the said patta was cancelled. Later, again, the petitioner, under the personal capacity, submitted an application requesting the respondents to reconsider its case for the purpose of granting patta on payment of costs. Thereafter, certain recommendations were made by the respondents to the Government recommending the request of the petitioner for regularizing its possession upon the subject land on payment of Rs.5,500/- per sq.yard. Aggrieved by the same, the petitioner Institution filed the present writ petition.

3.

Admittedly, as per the Board Standing Orders, there is no provision to grant patta by the Government in favour of the

TA, J W.P.No.16006 of 2007 petitioner Institution. In view of the same, the petitioner again filed an application before the Government requesting to consider its request for grant of patta under the individual capacity on payment of market value and the same is pending. 4.

Having regard to the facts and circumstances of the case, without going into the merits of the case, the Writ Petition is disposed of directing the respondents to consider the request of the petitioner Institution in accordance with law, as early as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. 5.

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

_______________________________ JUSTICE T.AMARNATH GOUD Date : 20.09.2018 AMD

TA, J W.P.No.16006 of 2007 THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.16006 OF 2007 Date: 20.09.2018 AMD