IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.23412 of 2000 Between: Dr.Mallarapu Ramachandra Naidu, Professor and Head of the Department of Neuro Surgery, Osmania Medical College, Hyderabad. ..... PETITIONER AND 1. The District Collector, Hyderabad District, Nampally Station Road, Hyderabad. 2. The Secretary to Govt. of A.P. Revenue Department, A.P. Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to direct the respondents to fix the regularization value at Rs.200/- per Sq. Yard setasiding the conveyance deed Dt.18.02.2000 in favour of the petitioner as arbitrary and discriminatory in the circumstances of this case and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.VIJAY KUMAR DEVINENI Counsel for the Respondent Nos.1&2: GP FOR ASSIGNMENT The Court made the following : ORDER: (Per VE,J) This writ petition is filed by the petitioner seeking a writ of mandamus directing the respondents to fix regularization value @ Rs.200/- per square yard in respect of an extent of 180 square yards of land situated at Road No.12, Banjara Hills, which was conveyed in his favour through conveyance deed, dated 18.02.2000, instead of Rs.3,000/- per square yard, as fixed by the Government. It is the case of the petitioner that he purchased the above said land under sale deed, dated 24.08.1999. The said land being admittedly a Government land, his vendor applied for regularization in terms of G.O.Ms.No.508, dated 20.10.1995. While the same was pending, the petitioner purchased the said property. The application was allowed by regularizing the petitioner’s occupation of the said land subject to payment of market value at Rs.3000/- per square yard. According to the petitioner, in the case of one P.Vijaya Laxmi, who was also similarly situated person having encroached the Government land in the same area i.e., Road No.12 of Banjara Hills, the Government has fixed the market value at Rs.200/- per square yard only in December, 1998. Further, in the case of one J.Sri Kumari, the respondents fixed the market value at Rs.2,500/- per square yard in respect of the property, which is also situated in the same area i.e., Banjara Hills, in October, 1999. Whereas in the case of the petitioner the market value of the encroached land was fixed at Rs.3,000/- per square yard in February, 2000. The said J.Sri Kumari and others, who were also similarly situated persons, approached this Court and filed W.P.Nos.25282 and 16673 of 1999 to fix the market value at Rs.200/- per square yard as fixed by the Government in respect of Smt.P.Vijaya Laxmi v ide G.O.Ms.No.980, Revenue (Assgn.III) Department, dated 08.12.1998. This Court allowed the said writ petitions directing the respondents to fix and collect the rate at Rs.200/- per square yard in respect of the lands, which were allotted to the petitioners therein. A learned Single Judge of this Court referred the matter to the Division Bench disagreeing the contention of the petitioner that he is also entitled to the same market value of Rs.200/- per square yard, which was fixed in the case of aforesaid persons, instead of Rs.3,000/- per square yard for the encroached land in terms of G.O.Ms.No.508, dated 20.10.1995, on the ground that a citizen cannot claim relief on the basis of negative equality and insist on repetition of wrong action by the State as held by the Supreme Court in Union of India v. International Trading Company[1]. The learned counsel for the petitioner fairly reconciled the opinion expressed by the learned Single Judge that a citizen cannot claim relief on the basis of negative equality and insist on repetition of wrong action by the State and it is not disputed that the market price of the encroached land was Rs.3,000/- per square yard at the relevant point of time. In view of the above, we do not see any illegality in fixing the market value by the Government at Rs.3,000/- per square yard for regularization of the encroached land. The reference is accordingly answered. Accordingly, the writ petition is dismissed. There shall be no order as to costs. V.ESWARAIAH, J P.SWAROOP REDDY, J Date: 21.07.2009 va [1] (2003) 5 SCC 437