THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.15012 OF 2020

ORDER :

This Writ Petition is filed seeking a Writ of Mandamus declaring the action of Respondents 3 to 5 in not regularising the petitioner’s land admeasuring 195.7 square yards in H.No.9-5-27/A/2, Ibrahimbagh, Golconda, Hyderabad, and the rejection of the petitioner’s appeal by the 3rd respondent through proceedings No. R1/2167/2016, dated 27.05.2016, as illegal, arbitrary, violative of the principles of natural justice, and contrary to G.O.Ms.No.59 dated 30.12.2014 and G.O.Ms.No.12 dated 30.01.2015; and consequently, to set aside the said order in appeal and direct the respondents to regularise the said land in accordance with the above Government Orders and as per the endorsement in Lr.No.F/827/2015, dated 31.08.2015.

2. Learned counsel for the petitioner, appearing online, submits that the petitioner has been in possession and enjoyment of land admeasuring 195.7 square yards in H.No.9-5-27/A/2, Ibrahimbagh, Golconda, Hyderabad, for more than 15 years. He has constructed a house over an extent of 34.11 square yards. Admittedly, the said land is Government land.

3. While so, the Government of Telangana issued G.O.Ms.No.59 dated 16.12.2014, contemplating the regularization of encroachments on Government land, and proposed to alienate and regularize possession of unobjectionable Government land and surplus land under the Urban Land Ceiling (ULC) Act, on payment basis, for both residential and non-residential use.

4. In order to avail the said benefit, the petitioner submitted an application vide ID No.APLHYD150303000477, along with the requisite fee. The 5th respondent, after considering the application, issued an endorsement vide Lr.No.F/827/2015, dated 31.08.2015, fixing the basic rate at Rs.6,000/- per square yard and directed the petitioner to pay an amount of Rs.2,93,550/-, which the petitioner paid through demand drafts.

5. Subsequently, the petitioner received a further communication from the 5^th respondent stating that the Regularization Committee had decided not to treat the entire extent as residential, and had directed payment of the full basic value for the appurtenant land, amounting to Rs.10,21,005/-. Accordingly, the petitioner was asked to pay the balance amount of Rs.7,27,455/-, after deducting the amount already paid, i.e., Rs.2,93,550/-.

6. Aggrieved by the said communication, the petitioner preferred an appeal before the 3rd respondent. However, the 3^rd respondent upheld the order passed by the 5^th respondent, through proceedings No.R1/2167/2016, dated 27.05.2016. Learned counsel submits that the 3^rd respondent did not assign any reasons for rejecting the petitioner’s request.

7. Learned counsel further submits that while G.O.Ms.No.59 dated 16.12.2014 initially contemplated charging 50% of the basic value for possession of Government land up to 250 square yards, the same was modified by G.O.Ms.No.12 dated 30.01.2015, which provided that in the case of Below Poverty Line (BPL) families, where the dwelling unit is up to 250 square yards, the amount payable shall be 25% of the basic value as on 02.06.2014. He finally prays for indulgence of this Hon’ble Court to direct the 5th respondent to regularize the petitioner’s land in accordance with the endorsement vide Lr.No.F/827/2015 dated 31.08.2015, pursuant to which an amount of Rs.2,93,550/- was paid by the petitioner at the rate of Rs.6,000/- per square yard, through demand drafts of Rs.75,000/- dated 27.02.2015, Rs.72,850/- dated

30.09.2015, and Rs.72,850/- dated 16.01.2015.

8. On the other hand, the learned Assistant Government Pleader, representing the learned Government Pleader for Revenue, while reiterating the averments made in the counter affidavit, submits that as per Clause (vi) of G.O.Ms.No.59, Revenue (Assn-I) Department, dated 30.12.2014, where the applicant is in possession of Government land as an extension or appurtenant to a dwelling unit on land already owned or assigned, such pos