Gaddam Saroja v. The State Of Telangana
[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 26290 OF 2024 Between:
Gaddam Saroja, W/o Gaddam Raja Rao, Aged 55 years, Occ ; Home maker, Rl/o.H. No.12-1-156/2, Burma Camp, Kothagudem Bhadradri Kothagudem District. .....PETITIONER AND '1 . The State of Telangana, Rep by Principal Secretary (Revenue) Secretariate, Hyderabad.
2. The District Collector, Bhadradri Kothagudem District, Kothagudem.
3. The Singareni Collieries Co. Ltd, Rep by its Managing Director, Singareni Bhavan, Lakdikapul, Hyderabad.
4. The Revenue Divisional Officer, Kothagude Division, Kothagudem, BhadradriKothagudem District.
5. The Tahsildar, Kothagudem Bhadradri Kothagudem District. ......RESPONDENTS Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ in the nature of Mandamus duly declaring the inaction of the respondents in not considering the online application vide No.76BPLBDD2306300'10'12 dated 30.06.2023 under GO 76 ol 2019 seeking regularization of residential house in a plot admeasuring about 100 square yards of land, Sy.No.'143, R/o.H.No.'12-1-19612, Burma Camp, Kothagudem, Bhadradri Kothagudem District, as illegal, arbitrary and against the principles of natural justice and consequently, direct the respondents to consider
the above application and grant the patta for the above property in the interest of justice l.A.NO:1 OF 2024 Petition Under section 15i cpc praying 'that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents not to interfere with the peaceful possession and enjoyment of the residential house in a plot admeasuring about 100 square yards of land, Sy.No.143, R/o.H.No.i2-1:196/2, Burma Camp, Kothagudem, Bhadradri Kothagudem District untir considering the onrine apprication vide No768P1BDD23063001012 dated 30. 06. 2023 under Go 76 of 2016 seeking regularization of, and grant the patta for the above property in the interest of justice.
Counsel for the Petitioner ; SRI p.RAMA SHARANA SHARMA lgyryel for the Respondent Nos.1, 2, 4 & S: SRt H.SOMAIAH, AGp FOR REVENUE counsel for the Respondent No.3 : sRr HARSHA REDDy, sc FoR sTNGARENI COLLIERIES CO. LTD The Court made the following ORDER
I THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION N0.26290 0F 20.24 ORDER (oRAL):
Heard Sri P.Rama Sharana Sharma, learned counsel for petitioner, Sri H.Somaiah, learned Assistant Government Pleader for Assignment appearing on behalf of respondent Nos.1,2,4 and 5 and Sri p. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Co. Ltd., appearing for respondent No.3. perused the record.
02. Petitioner is claiming that she is in occupation of the House bearing No. 12-1-156/2, Burma Camp, Kothagudem Village and Mandal, Bhadradri Kothagudem District to an extent of 100 Sq.yds. She submitted an Online Application in Dharani porta-l vide No. 768PL8DD230630010112 dated 30.06.2023 with respondent No.2 under G.O.Ms.No.76 dated ll.OT.2Ol9 seeking regularization of the said property. Despite receiving and acknowledging the said online application, respondent No.2 did not act upon the same. Aggrieved by
I the said inaction ol respond.ent No.2, petitioner has filed this Writ Petition.
03. Learned Government Pleader appearing for respondent Nos.1, 2, 4 and 5 would submit that the online application submitted by petitioner will be considered and appropriate orders will be passed in accordance with law.
04. Learned Standing Counsel for respondent No.3 seeks an opportunity to be given before considering online application of petitioner.
05. In the light of the aforesaid submissions, this Writ Petition is disposed of directing respondent No.2 to consider Online Application in Dharani Portal vide No. 76BPLBDD23O63OO101 12 dated 30.06.2023 submitted by petitioner claiming regular2ation of the said property under G.O.Ms.No.76 dated lLO7.2Ol9 and pass appropriate orders, strictly in accordance with law by putting petitioner and respondent No.3 and all interested parties on notice and affording them an opportunity. If respondent No.2 is not inclined to consider the request of
, J petitioner, he shall pass a reasoned order and communicate a copy of such . order to petitioner.
Respondent No.2 shall complete the entire exercise within eight (08) weeks from the date of receipt of a copy of this Order.
06. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in this Writ Petition stand closed. / SD/.A.V.S.PRASAD ./ ASSISTANT GIS ,TRUE COPY'
SE N OFFICER To
1. The Principal Secretary, (Revenue) Secretariate, State of Telangana at Hyderabad.
2. The District Collector, Bhadradri Kothagudem District, Kothagudem.
3. The Managing Director, Singareni Collieries Co. Ltd, Singareni Bhavan, Lakdikapul, Hyderabad.
4. The Revenue Divisional Officer, Kothagude Division, Kothagudem, BhadradriKothagudem District.
5. The Tahsildar, Kothagudem Bhadradri Kothagudem District.
6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad. [OUT]
7. One CC to SRI P.RAMA SHARANA SHARIVA, Advocate [OPUC]
8. One CC to SRI HARSHA REDDY, SC FOR SINGARENI COLLIERIES CO LrD [OPUC]
9. Two CD Copies SA GJP I/ * ?a
HIGH COURT DATED:2310912024 1nE Sfa 15 a O9JA[lzffi aI
ORDER
* t PAT ,s EQ c WP.No.26290 of 2024 DISPOSING OF THE W.P WITHOUT COSTS.
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