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2024 Supreme(Online)(TEL) 25473

THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.36653 OF 2024

ORDER

This writ petition is filed with the following relief:-

“…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the endorsement vide letter No.A2/3109/2024 dated 05.09.2024 and endorsement vide letter No.B/703/2024 dated 05.06.2024 issued by the 3rd and 4th respondents rejecting the grant of house site patta certificates in favour of the petitioners under G.O.Ms.No.58 dated 30.12.2014 in Sy.No.687 situated at Dharyapur, Navipet, Navipet Mandal, Nizambad Dist., Telangana State and without following the procedure as per law is illegal, arbitrary, unconstitutional, contrary to law and consequently direct the respondents not to demolish the petitioners houses and sheds in Sy.No.687 situated at Dharyapur, Navipet, Navipet Mandal, Nizambad Dist., Telangana State and to pass such other order or orders may deem fit and proper in the circumstances of the case”.

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioners belong to below poverty line and they are in occupation of Government land of Gram Panchayat to an extent of 100 to 125 Square Yards in Sy.No.687, situated at Dharyapur, Navipet, Navipet Mandal, Nizambad District, Telangana State. It is further stated that they have constructed houses and sheds and residing with their families since long time and by regularly remitting the taxes, they have obtained necessary water supply and power supply connection and house numbers were also allotted. It is further stated that the petitioners have made applications seeking regularization of their lands as per the terms of G.O.Ms.No.58, dated 30.12.2024, and as the said applications have not been considered by the respondent authorities, they were constrained to institute a suit vide OS.No.277 of 2019 on the file of the Principal Junior Civil Judge, Nizamabad, and the said Court granted ad-interim-injunction in IA.No.573 of 2019, dated 24.01.2020. It is further stated that when the respondent authorities made efforts to dispossess the petitioners without following the due procedure, they were constrained to file W.P.No.9988 of 2024 on the file of this Court and this Court while disposing of the said writ petition directed the respondents therein to consider the case of the petitioners for regularization of their occupation in terms of G.O.Ms.No.58 and pass appropriate orders within a period of eight weeks. The grievance of the petitioners is that alleging non-compliance of the orders of this Court, they filed contempt case vide C.C.No.1819 of 2024 and pending contempt case, respondent Nos.3 and 4 issued endorsement on 05.09.2024 and 05.06.2024 rejecting the claim of the petitioners, and this Court closing the contempt case liberty was given to the petitioners to challenge the above endorsement. Hence, this writ petition is filed challenging the said impugned endorsement.

4. Learned counsel for the petitioners submitted that the respondents without taking into consideration of the long possession of the petitioners and their entitlement for consideration of their cases for regularization under a policy laid down in G.O.Ms.No.58, the applications submitted by the petitioners are rejected.

5. This Court has carefully examined the rejection orders issued by the Government, wherein, it is stated that the Gram Panchayat has not recommended for regularization of the said land and in view of the objection raised by the Gram Panchayat, the applications of the petitioners have not been considered.

6. Learned Assistant Government Pleader appearing for the respondents vehemently contended that the Government issued G.O.Ms.No.58, dated 30.12.2014 to regularize unobjectionable Government lands which are not useful for community purpose. Since the Gram Panchayat has raised an objection stating that the land is required for community purpose, the respondents have rejected the cla

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