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High Court for State of TelanganaWP/20064/2017disposed of no costs

Sri. B.Sarat Gopal, v. The State Of Telengana,

2017-06-22B.Siva Sankara Rao3 pages

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.20064 of 2017 ORDER :

This writ petition is filed by the petitioners seeking the following relief:

".......Writ of Mandamus, declaring action of the Respondents in not issuing a valid Conveyance Deed in respect to the land admeasuring 658 Sq.yards in Sy.No.136 of Gachibowli Village, Serlingampally Mandal,. Rangareddy District, which was given as part alternative compensation for the land acquired from the petitioners i.e., the extant of 1164 Sq.yards equivalent to 973.34 Sq.Mts. in Sy.No.39 of Kothaguda Village, Serlingampally Mandal, Rangareddy District towards widening of road at Kothaguda junction in Kothaguda Village by considering the representation dated 19.04.2017 even after issuing proceeding's. Lr.No.B/348/2011 dated 11.06.2013 and No.B/650/2013 dated 19.03.2014 by the 5th Respondent, as illegal, arbitrary, unjust, violative of principles of natural justice, violative of Land Acquisition Act, violative of Fundamental Rights guaranteed under Constitution of India, and the Constitutional Right guaranteed under Article 300-A and pass such other order or orders ......."

2.

Heard learned counsel for the petitioners as well as the learned Government Pleaders for Revenue and also Land Acquisition representing the respondents and perused the affidavit filed in support of the writ petition and other material available on record.

3.

From a perusal of last para of the Endorsement proceedings No.B/650/2013, dated 19.03.2014, issued by respondent No.5 shows that the sketch and allotment orders in respect of first spell was already handed over to the petitioner earlier and with regard to the second spell, the allotment for 658 square yards was made as

Dr. SSRB, J W.P.No.20064 of 2017 per the correspondence in File No.B/1215/2005 and the same was handed over to him in the month of October, 2013. 4.

Learned counsel for the petitioners submits that the 1st petitioner made a representation dated 19.04.2017 to the 3rd respondent - Joint Collector, Ranga Reddy District, stating that it was not handed over to him and there is no document of title in proof of ownership of the petitioners over the subject property issued by the respondents.

5.

On the other hand, the learned Government Pleader for Revenue states is that it is only a further Certificate pursuant to the aforesaid Endorsement dated 19.03.2014, if at all to give, by entering the names of the petitioners as owners in the permanent Revenue records by virtue of the allotment of land. 6.

Having regard to the above, this writ petition is disposed of directing the respondents to comply with necessary formalities and issue Certificate holding the petitioners ownership over the subject property within a period of four weeks from the date of receipt of a copy of this order. No order as to costs.

7.

As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

____________________________________ Dr. JUSTICE B. SIVA SANKARA RAO 22.06.2017.

Msr

Dr. SSRB, J W.P.No.20064 of 2017 HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.20064 of 2017 22.06.2017 Msr