THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.31327 of 2024

ORDER:

This writ petition has been filed seeking to declare the action of respondent No.2 in not passing orders on the application submitted by the petitioners seeking transfer and conversion of leasehold rights into freehold rights in their favour as illegal and arbitrary and for other appropriate reliefs.

It is stated that initially lease in respect of plot No.3120 admeasuring 326.50 square yards situated at Kingsway, Secunderabad, has been granted in favour of one Mr. Siddam Setty Mahader Rao and later on, the same has been transferred in favour of Mr. Batchu Lingaiah on 16.01.1967. It is further stated that the successors of said Batchu Lingaiah submitted a representation dated 13.10.1998 pursuant to the conversion proposals issued by the respondents vide proceedings No.BBL2/308/97 dated 24.05.1997 and acting upon the same, permission has been accorded by directing them to pay a sum of Rs.20,55,375/-. As the said leaseholders could not pay the said amount, they submitted a transfer application dated 08.08.2017 requesting for transfer of leasehold rights in respect of the said property in favour of the petitioners herein. The grievance of the petitioners is that despite receipt of the said application, even though they requested for transfer and conversion of leasehold rights into freehold rights in respect of the subject property, enclosing all the relevant documents, so far respondent No.2 has not considered the said application.

Learned counsel for the petitioners vehemently contends that as required under the provisions of the Telangana (Secunderabad Area) Land Administration Rules, 1976 framed in exercise of powers conferred by Section 172 of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (Act VIII of 1317 Fasli) vide G.O.Ms.No.169, Revenue (Q) 21.01.1978), the Estate Officer, Secunderabad i.e., respondent No.3 herein, who is the competent authority to examine the claims either for conversion of leasehold rights to freehold rights or transfer of leasehold rights to other lesseess, has already recommended the case of the petitioners to respondent No.2 vide Lr.No.4/386-A dated 20.01.2023, but respondent No.2 has not examined the case of the petitioners in accordance with the said Rules.

Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 and 2 has not disputed the fact that respondent No.3 has recommended the case of the petitioners to respondent No.2 for grant of transfer and conversion of leasehold rights into freehold rights in their favour.

In view of the same, this Court without expressing any opinion on the merits of the mater, deems it appropriate to dispose of the writ petition by directing respondent No.2 to examine the application submitted by the petitioners seeking transfer and conversion of leasehold rights into freehold rights in respect of the subject property, duly taking into consideration the letter addressed by respondent No.3 vide Lr.No.4/386-A dated 20.01.2023 and pass appropriate orders within a period of two months from the date of receipt of a copy of this order.

The writ petition is accordingly disposed of.

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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C.V.BHASKAR REDDY, J

01.05.2025 JSU