Kanchiraju Kasinath v. State Of Telangana

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.31001 OF 2018 ORDER :

The case of the petitioner is that petitioner's father late Sri Seetaramaiah has purchased open land to an extent of 395 Sq.Yards in Survey No.24, situated at Saroornagar Village, Hyderabad East Taluk, by way of registered sale deed bearing Document No.1785 of 1967, dated 18.05.1967 from one Sri Vijay Hardas and others for a valuable consideration. He also obtained a certificate from the Office of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, under Section 26 of the ULC Act, as it is not required by any department of the State Government and has executed a will dated 30.12.1995 bequeathing the said property in favour of petitioner's mother Smt.Seethamma. Thereafter, petitioner's mother applied for regularization of the above property under G.O.166, dated 16.02.2008 under acknowledgment dated 26.06.

2008 and also made several representations to the concerned authorities dated 16.07.2009, 09.12.2009, 17.07.2010, 22.04.2014 for regularisation. Petitioner's mother also executed her last will on 04.09.2009; and after her death on 26.04.2016, the petitioner is possession and enjoyment of the said property. Thereafter, petitioner made application under RTI on 17.11.2017 seeking information with regard to the action taken on his mother's application, for which the petitioner was informed that G.O.166 is not in force and as such, the application cannot be considered. It is also stated that similarly placed persons filed writ petitions and ultimately their lands were regularised.

Learned counsel for the petitioner also submits that G.O.Ms.No.179, dated 01.09.2018 is issued framing guidelines for disposal of pending applications under G.O.Ms.No.166, dated 16.02.2008, and that the writ petition can be disposed of directing the respondents to consider the application filed by the petitioner's mother in terms of G.O.Ms.No.179.

Heard learned Assistant Government Pleader for Revenue who could not dispute that the applications filed under G.O.Ms.No.166, dated 16.02.2008 are to be considered in terms of the guidelines laid down in G.O.Ms.No.179, dated 01.09.2018.

In view of the aforesaid facts and circumstances, the competent authority is directed to consider the application filed by the petitioner's mother i.e.K.Seethamma, in terms of G.O.Ms.No.179, dated 01.09.2018, and take action accordingly. Till then no coercive steps shall be taken against the subject land. Accordingly, the writ petition is disposed of. No order as to costs.

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

_______________________________ A.RAJASHEKER REDDY, J 22.10.2018 t k.