IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J
Avatar Mehar Baba Perfectual Public Charitable Trust – Appellant
Versus
The State of Telangana rep by its Principal Secretary – Respondent
WRIT PETITION No.10653 of 2015
| Table of Content |
|---|
| 1. application for land allocation by trust (Para 2 , 3) |
| 2. government's position on land non-availability (Para 4 , 5) |
| 3. court's observation on representation assessment (Para 6) |
| 4. dismissing the writ petition with allowance for future applications (Para 7) |
ORDER
Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. With their consent this writ petition is taken up for disposal.
2. This writ petition is filed seeking the following prayer:-
“to declare the action of the respondents in not considering and disposing of the representation dated 07.03.2015 is arbitrary and illegal and consequently issue a direction to the Respondents to consider and dispose of the representation dated 07.03.2015.”
3. Learned counsel for the petitioner submits that petitioner is a trust under name and style “Avatar Mehar Baba Perfectual Public Charitable Trust”, situated at Yellareddypet Village and Mandal, Karimnagar District, registered vide document No.BKIV No.2/2009. The said trust was formed with an intention to inculcate ideology of Saint Avatar Mehar Baba and also to undertake social welfare activities. The case of the petitioner is that when the devotees of Yellareddypet Village were in view of constructing a prayer Mandir at Yellareddypet village, one Sri.Komireshetti Gangadhar, Sri.Alladi Srinivas Sircilla and others have given their land admeasuring Ac.1-24 guntas, situated at Karimnagar- Kamareddy, Yellareddypet Village. Since, the said land was under litigation, the temple could not be constructed. Further case is that the petitioner on 07.03.2015, made a representation and requested respondents to provide Ac.1.00 gts of land any where in the route on Yellareddypet town to Gollapally main road or Narayanapur road or Alamspur or in Sircilla road and submitted that basing on the present market value, the trust is ready to pay the amount for the said land. However, representation was kept pending. Aggrieved by the same, this writ petition is filed.
4. Learned Assistant Government Pleader for Revenue submits that counter is filed on behalf of respondent No.4 and submits that the petitioner in their representation mentioned that there is Government land available in the vicinities, however, failed to mention whether the said land is a Government or patta land, assigned or not and even failed to mention the details with respect to survey numbers. It is further submitted that since, the Yellareddy village is a Mandal head quarter, situated by high way from Karimnagar to Kamareddy, is developed and the market value of the lands situated by road side are also higher, hence, ryots are not coming forward to sell-
away their lands.
5. Learned Assistant Government Pleader submits that as per the Government norms, several units like industries have been installed and since, no Government land was left un- assigned and un-developed, the “Bulk Milk Chilling Centre” sanction to this Mandal was arranged at venkatpoor Village. It is further submitted that the Government itself is in need of land for constructions of buildings for Police station and quarters, IKP, Excise, Anganwadi centres etc., Since, no such land is available to alienate or allot to the petitioner trust, learned Assistant Government Pleader pray this Court to pass appropriate orders.
6. Heard and perused the material available on record. Upon perusal, it is noticed that the prayer sought in this writ petition is to direct the respondents to consider and dispose of the representation dated 07.03.2015 and the respondents have already considered the petitioner representation and in counter clearly stated that no land is available to alienate or allot to the petitioner. Hence, this Court do not find any merits in this writ petition and deems it appropriate to dismiss the writ petition.
7. Accordingly, this Writ Petition is dismissed. However, it is made clear that if petitioner found any
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