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2023 Supreme(Online)(TEL) 2076

THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No. 36129 of 2022

ORDER:

In this Writ Petition, petitioner has questioned the action of respondent Nos.2 and 4 in not processing petitioner’s LRS Application dated 25.01.2016 for regularization of her plot No.571/A to an extent of 350 sq.yards in Survey No.324/2 situated at Tellapur Village, Ramachandrapuram Mandal, Sangareddy District, in the light of the clarification issued by respondent No.3 – District Collector, Sangareddy, vide letter No.F1/2051/2006 dated 22.11.2021 and memo No.10095/Assignment/4A2/2014-14 dated 20.11.2020 issued by Chief Secretary to Government, Revenue (Assignment.IV) Department, Telangana, Hyderabad, and consequently, prayed to direct the respondents to consider her application for regularization of her plot.

It is the case of the petitioner that she is the absolute owner and possessor of residential plot bearing No.571/A to an extent of 350 sq.yards in Survey No.324/2 situated at Tellapur Village, Ramachandrapuram Mandal, Sangareddy District, having purchased the same through registered Sale Deed bearing document No.14317/2005 dated 19.10.2005 from the Industrial Employees Cooperative House Building Society Limited, Bandlaguda, Ramachandrapuram Mandal, Medak District. Respondent No.2 – Hyderabad Metropolitan Development Authority, Hyderabad, rep. by its Metropolitan Commissioner, is the competent authority under the provisions of Telangana Urban Areas (Development) Act, 1975, and the Rules made thereunder for regularization of the plots. The State Government has issued G.O.Ms.No.151, Municipal Administration Department, dated 02.11.2015 framing a scheme for approval of unapproved layout commonly called as Telangana Regularization of Unapproved and Illegal Layout Rules, 2015 (for short ‘the Rules’).

Sri V. Ravi Kiran Rao, learned Senior Counsel representing the learned counsel appearing for the petitioner, has submitted that Rule 2(b) of the Rules is applicable to all existing unapproved sub-division of plots and ventures promoted by land owners. He has further submitted that earlier, when the applications for grant of permission for construction and for regularization of the plots were rejected, W.P.Nos.19673 of 2006 and 18057 of 2007 and batch came to be filed. This Court vide common order dated 21.02.2014 while disposing of the said batch of cases directed the Government to examine whether the subject lands therein are assigned lands or patta lands by conducting the survey and if the subject lands are assigned lands, the same have to be identified and the patta lands are to be deleted from the purview of the prohibition maintained under the provisions of the Registration Act and take appropriate action for segregation of the lands. Questioning the said orders passed by the learned single Judge, respondent No.2 earlier filed Writ Appeal No.1024 of 2014 and the said Writ Appeal has also been dismissed by the Division Bench of this Court vide judgment dated 26.12.2022, as such, the common order passed by the learned single Judge has attained finality. The learned Senior Counsel has further submitted that as against the said judgment, neither HMDA nor the State Government has carried the matter to the Hon’ble Supreme Court and there is no further action as on date in respect of regularization of the subject lands including the plot of the petitioner which is forming part of Survey No.324/2, situated at Tellapur Village. He has further submitted that no survey has been conducted to segregate the assigned lands from that of the patta lands. However, Chief Secretary to Government, Government of Telangana, Revenue (Assn.IV) Department, Hyderabad, has issued a memo bearing No.10095/Assn.IV/A2/2014-14 dated 20.11.2020 for treating the lands to an extent of Acs.30.14 guntas covered by Survey Nos.323/6 (Ac.9.00 guntas), 323/4 (Acs.3.30 guntas) and 324/2 (Acs.10.00 guntas) and 325/2 (Acs.7.24 guntas), which were allotted to the political sufferers, shall be treated on par with the patta lands. In view of the same, respondent No

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