R Santoshi Saincher, Secunderabad And 1 Other v. State Of Telangana, Hyderabad And 5 Others

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.38745 OF 2017 ORDER:

The writ petition is filed challenging the inaction of the respondents in considering the representation, dated 01.12.2015 of the petitioners, for mutation of their names for the lands of an extent of Acs.275.50 guntas, after left over Acs.14.5 guntas in Survey No.348 of Quthbullapur Mandal, Ranga Reddy District (old Survey Nos.210/1 to 210/6) as illegal and arbitrary. The learned Government Pleader, on the basis of the written instructions, submits that the total extent of lad in Survey No.374 was Acs.707.15 guntas of Kukatpally Village and it was re-numbered as Survey No.348/1 for an extent of Acs.678.38 guntas, which was classified as 'Reserve Forest Government (Janglath Sarkari)' and Survey No.348/2 for an extent of Acs.19.17 guntas as patta in the name of Mohd.

Habeebuddin of Quthbullapur Village and Mandal, Medchal-Malkajgiri District. In a portion of the said land in Survey No.348/1, institutions like HMT, Praga Tools, Small Scale Industries are existing. House site pattas were issued in an extent of Acs.15.00 guntas to Vaddera Quarry Labourers Contract Cooperative Society Members and Rajiv Gruha Kalpa Houses were constructed in an extent of Acs.24.29 guntas, apart from that there are other colonies like Papaiah Nagar, Somaiah Nagar, Lenin Nagar, Maqdoom Nagar etc. The said area is called as 'Jagadgiri Gutta'. The petitioners appear to have filed a representation on 01.12.2015, pursuant to the earlier orders passed by this Court in W.P.No.13322 of 2006 and the said representation was received from the Tahsildar and others. The District Collector, vide his proceedings, dated 22.03.

the Assistant Director, Survey and Land Records, to conduct survey and submit a report. The District Collector informed that there was a dispute in respect of Acs.14.50 guntas between two villages and it will be informed after the settlement of the disputes. Now the petitioners are claiming for sanction of succession for an extent of Acs.500.00 guntas. As stated earlier, the Government issued G.O.Ms.No.1275, Revenue Department, dated 29.10.1979 and issued a final notification on 30.10.1979 in respect of the total extent of Acs.707.15 guntas in Survey No.348/1 of Quthbullapur Village (old Survey No.374) and it is classified as 'Reserve Forest Government'. The land in Survey No.348/2, admeasuring Acs.19.17 guntas is classified as patta in the name of Mohd.Habeebuddin. In view of the same, it is stated that it is not possible to consider the application of the petitioners.

In view of the facts narrated in the written instructions issued to the learned Government Pleader, no relief can be granted to the petitioners and the writ petition is accordingly dismissed. However, it is open to the petitioners to take appropriate steps in accordance with law in some other proceedings.

The writ petition is accordingly dismissed. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs. __________________________ A.RAMALINGESWARA RAO, J 20.02.2018 pln