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P.NAVEEN RAO
D. Dwaraknath Reddy S/o Sri D Raghunath Reddy – Appellant
Versus
State of Telangana rep by its Principal Secretary Revenue Department Secretariat Hyderabad – Respondent
Key Points: - The petitioners challenge the District Collector’s cancellation of sale deeds and seek relief for lack of notice and opportunity. (!) (!) - Government regularization under G.O.Ms.No.166 treated open spaces as unassigned Government land, leading to regularization and issuance of conveyance deeds to petitioners, despite ownership by private society. (!) (!) (!) - The court discusses legality of regularizing open spaces that are part of a private layout and not Government land, and whether such regularization is permissible. (!) (!) (!) (!) (!) (!) - The proceedings include constitutional and natural justice considerations, including notices and hearings, and the ratio on prejudice vs. procedural infirmities. (!) (!) (!) (!) - The judgment ultimately dismisses the writ petitions, holding the regularization/existing deeds based on Government directions to cancel are not sustained, while noting open spaces are community properties and the illegality of converting them. (!) (!) (!) (!) (!)
ORDER :
1. Since the issue raised in all these writ petitions is same, they are disposed of by this common order.
2. Heard Sri D Prakash Reddy, learned senior counsel, appearing for petitioners and Sri N Sridhar Reddy, learned counsel appearing for Journalists Cooperative Housing Society Limited-6th respondent and learned Government Pleader for Revenue.
3. The background facts leading to this litigation and respective pleadings are as under:
3.1 Large extent of land was allotted to Jubilee Hills Cooperative Housing society for development of residential layout in Jubilee Hills. On representation made by the journalists working in print and electronic media, Government decided to apportion Ac.25.00 of land exclusively to journalists from out of the land already allotted to Jubilee Hills Cooperative Housing Society and directed the Jubilee Hills Cooperative Housing Society to handover the land to Journalists Cooperative Housing Society (hereinafter referred to as the society). Accordingly, Jubilee Hills Cooperative Housing Society executed sale deed in favour of the Society on 26.11.
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