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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
B.Venkat Narayana – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development – Respondent
| Table of Content |
|---|
| 1. ownership and possession details of the petitioner (Para 1 , 3 , 4 , 5) |
| 2. petitioner's contentions on cancellation of regularization (Para 6 , 7 , 8 , 9) |
| 3. court's rationale on regularization cancellation (Para 10 , 11 , 12 , 13 , 14) |
| 4. writ petition allowed, regularization reinstated (Para 15) |
ORDER :
Laxmi Narayana Alishetty, J.
This writ petition is filed to declare the proceedings vide Roc.No.C1/1670/159/2013, dated 23.12.2017, passed by respondent Nos.2 and 3, cancelling the LRS permission granted vide Roc.No.LRS/C1/783/2012/2017, dated 29.07.2013 with LRS No.304/2013 as illegal, arbitrary and in violation of terms of old G.O.Ms.902 and also in violation of Article 14 and 300-A of Constitution of India and for consequential relief.
2. Heard Sri T.Bala Mohan Reddy, learned counsel for petitioner, Sri K.Sai Sriharsha, learned Counsel for respondent Nos.5 and 6 (L.R’s of deceased respondent No.4) and learned Government Pleader for Respondent Nos. 2 and 3.
3. Brief facts of the case as averred in the writ affidavit are that petitioner is the absolute owner and possessor of open plot admeasuring 441 Sq.yrds in Sy.No. 4/B of Lashker Singaram Village, Hanamkonda Mandal,
Regularization of unauthorized plots should not be denied when no ownership dispute affects the property; reliance on unrelated ongoing litigation is improper under applicable rules.
The court upheld the validity of the impugned order under the Tamil Nadu Urban Local Bodies Act, confirming that it was neither arbitrary nor perverse, and emphasized adherence to statutory procedure....
Regularization of unauthorized occupation of government land cannot be claimed as a matter of right, especially when public interest is involved, and applications must be evaluated based on the law i....
The main legal point established in the judgment is that the rejection of land regularization can be based on public interest, and the status of the land as surplus land under the Urban Land Ceiling ....
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