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High Court for State of TelanganaWP/42986/2015disposed of no costs

K.Kalyan Chakravarthy Kommineni S/O Late Sri Kommineni v. The State Of Telangana

2016-03-01Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.42986 OF 2015

O R D E R

The prayer of the petitioner in this case is as under: 'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus:

a. Directing the respondents to execute Deed of Transfer in favor of Kalyan Chakravarthy (Younger Son), Smt. Aruna (Wife of elder son, Srinivas Chakravarthy), K. Rajesh Chakravathy (The only son of elder son), Aishwarya (Daughter of second son, Rama Krishna Prasad), Anaunika (Daughter of second son, Rama Krishna Prasad), Swathi Devi (only daughter of late Sri Chakravathi, Music Director), transferring Plot No.4, forming part of Sy No. 403 (new) corresponding to Sy No. 129 (old), admeasuring to an extent of Ac.0-20 guntas or 2420 sq yards, situated at Road No. 14, Banjara Hills, Shaikpet Village and Mandal, Hyderabad which is allotted as per G.O.Ms.357, G.A.D (I & P.R) Department dt.14-06-1984 on par with the joint allottees of the said allotment G.O.Ms.357, G.A.D (I & P.R) Department dt.14-06-1984, a.

To also declare the action of the respondents in not executing the Deed of Transfer on par with the other joint allottees of G.O.Ms.357, G.A.D (I & P.R) Department dt. 14-06-1984 as illegal, arbitrary and violative of Article 14 of the Constitution of India and also violative of the Principle of Legitimate Expectation, b. To pass such other orders(s) as this Hon'ble Court may deem fit and proper in the circumstance of the case.' Despite the matter being adjourned three times to enable the learned Government Pleader concerned to get instructions, no information has been placed before this Court. As the petitioner's representation dated 03.12.2015 is pending consideration before the authorities concerned, this Court sees no purpose served in entertaining the writ petition for adjudication on merits.

The writ petition is accordingly disposed of directing the authorities concerned to consider the petitioner's representation dated 03.12.2015 and take appropriate action thereon in accordance with law. In the event the request of the petitioner for execution of the transfer deed is rejected, the reasons therefor shall be recorded and duly communicated to him. This entire exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 1ST MARCH, 2016 PGS