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High Court for State of TelanganaWP/28992/2016disposed of no costs

M/S. K.S.R. Constructions And Real Estates Private Ltd, v. State Of Telangana,

2017-10-16P Naveen Rao4 pages

Date :16.10.2017 Between :

M/s K S R Construction & Real Estates Pvt Ltd Regd office at No 810, H No.9-1-43/4, YRK Complex, Main Road, Langer House, Hyderabad Rep by its M D Sri K Srinivas Rao s/o late Narsimha Rao Petitioner And State of Telangana Rep by its Principal Secretary, Revenue Department, Secretariat building Hyderabad and others Respondents The Court made the following:

ORAL ORDER:

Petitioner is a company registered under the companies Act, 1956 and claims to have applied for mutation of lands in its name in the revenue records to a total extent of Ac.9.09 guntas, Ameenpur village, Patancheru mandal, Medak district with various extents of land mentioned in his application submitted on 25.4.2015. Alleging inaction this writ petition is filed.

2.

According to learned counsel for petitioner final decree was passed and decree holders assigned the subject land to petitioner company and in terms thereof title has validly passed on to the petitioner company. According to learned counsel for petitioner, concerning the adjacent survey numbers earlier W P No. 27365 of 2011 was filed and on consideration of the stand of the respondent authorities and unofficial respondents therein, said writ petition was disposed of by order dated 29.6.2016 and the issue being same, this writ petition can also be disposed of in terms thereof.

3.

Learned Government Pleader fairly submits that the issue in this writ petition as well as in earlier writ petition concerns mutation in the revenue records of the subject lands.

4.

Operative portion of the order dated 29.6.2016 in W P No. 27365 of 2011 reads as under:

"9. However, as regards the entitlement of the petitioner to the land in Sy. No.1010, 1007 to the extent which is allotted to her in the final decree proceedings in O.S.No.219 of 1982 (other than the land covered by the road mentioned above), since there is no dispute or claim raised by any third party, 2nd respondent shall cause a survey to be made and mutate the area, excluding the area covered by the road in the said survey

numbers, in favour of the petitioner, after giving notice to all the affected parties. For the area covered by the road, after the decision of a competent forum about its ownership and possession, appropriate mutation proceedings can be initiated by 2nd respondent."

5.

Since petitioner company has already submitted application for mutating its name in the revenue records and on the same issue W P No. 27365 of 2011 was already disposed of, this writ petition is also disposed of in terms thereof. However, it is made clear that due procedure should be followed and affected parties, if any, should be put on notice before mutating the name of the petitioner in the revenue records as regards subject lands. This exercise shall be completed within a period of eight weeks from the date of receipt of copy of this order. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE: 16.10.2017 TVK

Date :16.10.2017