THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3303 of 2025
ORDER
This writ petition has been filed seeking the following prayer:
“to issue order writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No 3 in refusing to register the document No P195/2024 in respect of all that of house bearing No 44249 in Plot No 49 situated at Sy No 348 to 351 352/part and 358/part admeasuring 142 84 Sq Yds or 119 42 SqMtrs situated at Asbestos Hills Colony Jagadigirigutta Kukatpally village under GHMC Circle Limits Kukatpally Mandal Medchal Malkajgiri District Telangana state as communicated vide letter No 37/SRO/Kukatpally/2025 dt 08 01 2025 as illegal arbitrary and violative of fundamental rights under Article 14 and 21 and 300A of the Constitution of India and consequently direct the Respondent No 3 to receive register and release the said document submitted by the Petitioners herein”
2. The brief facts of the case are that the petitioner No.1 is being represented by its Secretary, E. Mallikarjun Yadav and petitioner No.2 is the original allottee of plot No.49 admeasuring 142.84 square yards or 119.42 square meters. The said plot was developed in a private layout vide Plan No.6704/MP.2/HUDA/84 dated 03.05.1989 approved by Hyderabad Urban Development Authority. It is submitted that originally the said land was allotted by M/s. Hyderabad Industries Limited (for Short “HIL”) being represented by its General Manager (Personnel). Thereafter, the petitioner had constructed a house on the said plot and a H.No.4-4-49.
3. The background facts are that in the year 1980, the workers of HIL (formerly Hyderabad Asbestos Cement Products Limited) registered a society by name “Hyderabad Asbestos Cement Workers Cooperative Housing Society Limited”. The main objective was to acquire land and allocate house plots to its members for construction of residential houses. The said HIL acquired Ac.52.00 acres of land in Sy.Nos.348, 349, 350, 351 (Part), 352 (Part) and 358 (Part) at Kukatpally for Rs.10,40,000/- with sole aim of providing house to its workers. Thereafter, the said Asbestos Cement Workers Co-operative Housing Society Limited made a representation to the government on 25.01.1982 for grant of exemption under Section 20 (1) (a) of the Urban Land (Ceiling and Regulation) Act, 1976 for the excess vacant land of Ac.52.00. The government thereafter examined the request of the land holders and granted exemption under Section 20 (1) (a) of the said Act and issued order vide Memo No.337/UC.II/82-5 dated 16.06.1984, and directed the acquisition of the surplus land and its transfer to the Hyderabad Urban Development Authority for layout preparation and plot allotment to genuine society members. The government vide G.O.Ms.No.923 dated 01.08.1986 issued an order of allotting land admeasuring Ac.52.00 in the said survey numbers to Hyderabad Industries Limited for providing residential accommodation to its workers, benefiting approximately 1,364 workers as per the list furnished to the government on free of cost, in relaxation of the orders issued in G.O.Ms.No.840, Revenue, dated 16.06.1982, subject to the following conditions. The same are extracted as under:
1. That the land is allotted to M/s. Hyderabad Industries Ltd only for the purpose of providing residential accommodation to their workers and it shall not be sold or alienated to any other person. 2. The Hyderabad Industries Ltd, shall allot the plots/houses only to its workers as per the list furnished to Government.
3. That the Hyderabad Industries Ltd/allottee workers shall insure that construction of the houses is completed within a period of three years from the date of this order.
4. That the Hyderabad Industries Ltd/allottee workers shall not alienate the houses so constructed to any other person for a period of ten years from the completion of construction of houses.
5. That the Hyderabad Industries/allottee workers may however mortgage the land/plots without possession to any financial other institutions o
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