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High Court for State of TelanganaWP/14718/2011disposed of no costs

Syed Hussain v. The Panchayathi Secretary,Manthani Grampanchayathi

2017-08-03Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.14718 OF 2011 ORDER:

1.

This writ petition is filed by the petitioner challenging the action of the respondents in not considering his representation dated 23.5.2011 for issuance of sale (regularization) certificate in respect of plot No.19/1 situated at Bridge Road, Manthani Grampanchayat, Karimnagar District. 2.

The case of the petitioner is as follows:

The 1st respondent leased out the land of Grampanchayat to 110 landless poor for running petty businesses. The petitioner was one of such lease holders and he was allotted plot No.19/1 and he has been doing fruit business in the said land. While so, the 1st respondent decided to sell the said land to the persons, who are in possession of the lease hold premises. The 1st respondent also passed a resolution on 28.3.1995 to that effect. The 1st respondent recommended the names of the lease holders including the name of the petitioner. The petitioner deposited the amount as per the demand made by the 1st respondent. The 1st respondent issued sale certificates to 33 plot owners. But the 1st respondent has not issued the sale certificate in favour of the petitioner in spite of repeated requests.

The petitioner also made a representation dated 23.5.2011 to the 2nd respondent. While so, the official respondents came to the plot of the petitioner and demolished small part of the structure. They are also trying to demolish the other structures in the subject plot. Hence, the petitioner filed this writ petition.

3.

While ordering notice before admission on 31.5.2011, this Court granted interim stay of demolition.

4.

Heard and perused the material available on record. 5.

Considering the circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, this Court is inclined to pass the following order:

"The respondents are directed to consider the representation of the petitioner dated 23.5.2011 and pass appropriate orders. Till then, the respondents are directed not to take any coercive steps in connection with the plot of the petitioner."

6.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous petitions pending, if any, shall stand closed. _________________ JUSTICE RAJA ELANGO Dated: 3rd August, 2017 Nn.

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.14718 OF 2011 3/8/2017 Nn.