M/S Bharadwaj Estates Pvt. Ltd., v. The State Of Telangana ,

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.11231 OF 2016 O R D E R :

The case of the petitioner-company is that it is the absolute owner of the property admeasuring Ac 6-20 guntas in Sy.No.116, 118 and 119 situated at Surangal, Moinabad (Village and Mandal), Ranga Reddy District having purchased the same by virtue of registered sale deeds dated 30.12.2005, 17.01.2007 and 25.01.2007 and the said property is mutated in its name in the concerned revenue records vide proceedings No.ROR No. B/1257/2008 and patta pass books were also issued by the MRO Moinabad, vide patta No. 1272 and 1273. While so, the 3rd respondent vide Letter Rc.No.A3/SP/2002 dated 21.09.2002 sanctioned permission for construction of 14 hostel buildings to Ranga Reddy Disrict under "Food for Work Programme".

By virtue of the above proceedings, hostel buildings were constructed and an approach road was also laid through the patta lands of the petitioner. In the circumstances, the petitioner made an application to the Mandal surveyor to conduct the survey of the lands. Accordingly, the enquiry was conducted and a report was submitted by the Tahsildar, Moinabad along with the surveyor stating that an extent of Ac 00-09 guntas in Sy.No116 and an extent of Ac 00-34 guntas land in Sy.No.118 all together to an extent of Ac. 1-03 guntas were occupied by the Government for construction of hostel buildings and in the same report, the Tahsildar also recommended for allotment of alternative site to an extent of Ac 1-03 guntas in Sy.No.117 to be allotted to the petitioner company on compensatory grounds.

Inspite of the same, the Government has failed to allot the alternative site to the petitioner and the authorities are trying to sell the land in public auction. Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioner.

Learned Assistant Government Pleader for Revenue on instructions submits that the issue is under consideration and if some time is granted the grievance of the petitioner will be redressed. In view of the above facts and circumstances, since it is stated by the learned Assistant Government Pleader that the 2nd respondent has already addressed Lr.No.ASSN.II(1) /72/2014 dated 22.06.2015 to the 3rd respondent giving appropriate instructions and necessary permissions for handing over the alternative site in lieu of the land lost by the petitioner company, the respondent authorities are directed to consider the case of the petitioner in terms of the recommendations made by the 2nd respondent and pass appropriate orders for grant of alternative site to the petitioner. The said exercise shall be done within a period of three (03) months from the date of receipt of copy of the order.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending, if any shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 01.06.2016 dv