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High Court for State of TelanganaWP/40422/2015disposed of no costs

Lakhs Infratech Pvt. Ltd., v. State Of Telangana,

2016-01-05Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.40422 OF 2015 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

The petitioners state that the 1st petitioner is the owner and possessor of the land admeasuring Acs.13.21 guntas in Survey Nos.221, 225 to 230 of Ravalkole Village, Medchal Mandal, Ranga Reddy District, and petitioners 2 to 4 are also stated to be the owners and possessor of different extents of lands in different survey numbers at Bandamailaram Village, Mulugu Mandal, Medak District. The proposed Industrial Corridor is initiated by the 1st respondent in the entire land in and around Medak and Ranga Reddy Districts. However, the excess land available at present is katcha road. Therefore, the petitioners seek a free passage to their industries and the main road, for which they made an application to the District Collector, Medak District, the 2nd respondent, on 05.10.2015.

On the said application, the Revenue Divisional Officer, Siddipet, Medak District, the 3rd respondent, is stated to have sent his recommendations on 13.11.2015 recommending alienation proposals for the Government land to an extent of Ac.0.06 guntas in Survey No.101 of Bandamailaram Village, Mulugu Mandal in favour of the petitioners. The present Writ Petition is filed on the allegation that the 2nd respondent is not permitting the petitioners for formation of the said approach road.

The instructions of learned Government Pleader for Revenue, however, show that the recommendations of the 2nd respondent were

already submitted to the 3rd respondent and the Mandal Surveyor has conducted survey and submitted his report and that the proposals for alienation of the Government land admeasuring Ac.0.06 guntas are under consideration and necessary action would be taken after the decision of the Government.

Hence, as on today, since the request of the petitioners is under consideration, it is necessary to await the decision of the Government and mandamus as sought for by the petitioners cannot be given, unless their proposals are approved by the Government. Since the proposals are stated to be under consideration, respondents 1 and 2 are directed to consider the aforesaid report and request of the petitioners and then take appropriate decision expeditiously, in accordance with law.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

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

____________________________ VILAS V.AFZULPURKAR, J 05.01.2016 KH