THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.29290 of 2014

ORDER

This writ petition is filed seeking following prayer:

“declaring the action of the respondents and trying to dispossess the petitioners from the land to an extent of 1931 sq yards and dwelling house bearing H.No.118/1 in Sy.No.135 situated at Kothapet village, Uppal Mandal, Reddy District as arbitrary Segal unjust violative of principles of natural justice and consequentially tired the respondents to consider the application already filed for regularizalion in accordance with the provisions of G.O.Ms.No.166, Revenue (Assn.Pot) Department dated 16.02.2008.”

2. The facts of the case in brief are that petitioners’ father Myakala Chandraiah along with others claims to be in possession of Ac.13-38 gts., in Sy.No.135 of Kothapet Village, Uppal Mandal, Ranga Reddy District and were cultivating the said land by obtaining power supply and a temporary shed has also been constructed. Thereafter, the father of petitioners died on 17.07.1989. Later the mother of the petitioner approached respondent authorities for regularization of the land in her possession for an extent of 3000 sq.yds. It is further submitted that the mother of the petitioners during her life time constructed a pucca house on the above land and fenced the land to an extent of 1950 sq.yds., and the land was assessed by L.B.Nagar Municipality with H.No.1-1-8/1 for the purpose of property tax and also obtained electricity connection and water supply. Thereafter, respondent authorities after conducting enquiry, issued notice on 27.12.2010 directing the mother of the petitioners to be present on 04.01.2011 at the spot of enquiry. It was noted in the enquiry that petitioners mother was in possession of 1931 sq.yds., of Government land. The mother of the petitioners died on 18.10.2013 leaving behind the will deed dated 21.07.2013. Subsequent to the demise of mother of petitioners, the petitioners have filed a representation to respondent authorities on 10.07.2014 seeking for regularization.

3. The main grievance of the petitioners is that till date, the subject land has not been regularized and no orders have been passed with regard to the representation of the petitioners. No counter affidavit has been filed till date.

4. This Court on 26.09.2014 has passed the following interim order:

“Petitioners state that with regard to land to an extent of 1931 sq.yds., in Sy.No.135 of Kothapet Village, their mother along with four other similar applicants in the same village in the same survey number made an application for regularization under G.O.Ms.No.166, Revenue (Assn.Pot) Department, dated 16.02.2008. It appears from Ex.P2 that the Special Grade Deputy Collector called for spot inspection report for consideration the request of petitioners’ mother and others for regularization. Under notice, dated 27.12.2010, addressed to the Tahsildar, Uppal Mandal, it is not known that such a report is sent by the Tahsildar and what is the stage at which their application for regularization stands. Alleging threats of interference by respondent No.4, the present writ petition is filed.

Learned Government Pleader for Revenue, who accepts notice on behalf of respondent Nos.1 to 4 to get instructions in the matter.

List after four weeks.

In the meanwhile, if respondent No.4 intends to take any action against the petitioners, he shall serve prior notice to the petitioners before taking any action.”

5. In that view of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to respondent authorities to consider the representation of the petitioner in terms of G.O.Ms.No.166 dated 16.02.2006 and pass appropriate orders if the petitioners are otherwise eligible, strictly in accordance to law within a period of four (4) months from the date of receipt of a copy of this order. Till then, the interim order passed on 26.09.2014 shall continue.

6. Accordingly, this writ petition is disposed of.

Miscell