THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.20245 OF 2021

ORDER :

This Writ Petition is filed seeking a writ of mandamus declaring the inaction of the 2^nd respondent in not disposing of the petitioner’s application dated 23.03.2016 for regularization of Plot No.752, Block No.56, in Sy.No.139, Jayabheri Park, situated at Kompally Village, Quthbullapur Mandal, Medchal-Malkajgiri District (hereinafter referred to as the ‘subject property’), under the Scheme provided in G.O.Ms.No.92, dated 26.05.2016, issued under the provisions of the Urban Land (Ceiling and Regulation) Act, as illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India, and contrary to the Scheme under G.O.Ms.No.92; and consequently, to direct the 2^nd respondent to issue regularization proceedings in favour of the petitioner in respect of the subject property.

2. Heard learned counsel for the petitioner and Sri H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue.

3. Learned counsel for the petitioner submitted that the petitioner is the absolute owner and possessor of the subject property, having purchased it through a registered sale deed bearing Document No.2979 of 2015, dated 11.06.2015. The vendor of the petitioner had earlier purchased the said property through a registered sale deed bearing Document No.20124 of 2006, dated 23.09.2006.

4. He submits that, in order to construct a residential house, the petitioner approached the GHMC authorities. It was at that time that the petitioner came to know that the subject property had been declared as excess land under the Urban Land Ceiling Act and had been vested in the Government.

5. Upon approaching the ULC authorities, the petitioner was informed that the Government had issued G.O.Ms.No.92, Revenue (ULC) Department, dated 26.05.2016, permitting regularization of plots purchased by individuals in excess vacant land under the ULC Act. Accordingly, the petitioner submitted the requisite application for regularization of the subject property with the

3^rd respondent.

6. The 3^rd respondent issued a demand notice dated 30.07.2016, directing the petitioner to pay an amount of Rs.2,90,274.84 Ps and to submit the challan receipt to the 4th respondent/Tahsildar. The petitioner paid the said amount through challan dated 29.08.2016 and submitted it to the 4th respondent. However, despite compliance, there was no response from the 4th respondent.

7. Subsequently, the petitioner submitted an application dated 19.02.2018 before the 2^nd respondent, who in turn addressed a letter to the HMDA and the Commissioner, GHMC, stating that the District Level Committee had approved the petitioner’s application and requested them to submit their report.

8. The petitioner also submitted further representations dated 25.08.2018 and 12.09.2018 to the Special Grade Deputy Collector & Revenue Divisional Officer, Malkajgiri, requesting regularization of his plot under G.O.Ms.No.92.

Vide Letter No.E1/750/2020, dated 07.09.2020, the Collector, Medchal–Malkajgiri District, requested the Special Chief Secretary and Chief Commissioner for Land Administration to rectify the technical errors so as to process the petitioner’s application. However, there has been no response from the respondent authorities.

9. Learned counsel for the petitioner further submits that the petitioner, a senior citizen aged over 70 years, has been forced to run from pillar to post. However, despite paying the amount demanded by the 4th respondent, his plot has not been regularized till date.

10. On the other hand, the learned Assistant Government Pleader, representing the learned Government Pleader for Revenue, produced written instructions from the Tahsildar/4th respondent stating that the petitioner’s application for regularization of the subject property has been assigned Application No. TSULCR021600012748. He submits that during the initial enquiry, the 2^nd respondent/Revenue Divisional Officer