IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 2552 of 1999 Between: 1 Y. Jithin Kumar, s/o Y. Janardhan Rao, R/o Plot No.425/3RT, Sanjeeva Reddy Nagar, Hyderabad. 2 C. Raghuram, S/o C. Venkatesam, R/o H.No.6-3-663/15/A, Somajiguda, Hyderabad. ..... PETITIONER(S) AND 1 State Of A.P., Rep by Prl. Secretary to Revenue Secretariat, Hyderabad. 2 The Commissioner, Land Reforms & Urban Land Ceilings Chairman, Hyderabad. 3 The Special Officer & Competent Authority, Urban Land Ceilings Hyderabad. 4 The Commissioner Municipal Corporation Of Hyderabad, Tank Bund Hyderabad. 5 The District Collector Hyderabad Dist. 6 The Revenue Divisional Officer Hyderabad. 7 The Madnal Revenue Officer Shaikpet(M), R.R.Dist. 8 The Sub-Registrar, Banjara Hills, Hyderabad. .....RESPONDENT(S) 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 a writ or order more particularly one in the nature of writ, of Mandamus directing the respondents to regularize the land alleged to be Government and as decided in L.G.C.No.145/95 dt:26-6-98 duly receiving the market value to be fixed with reference to the basic value of the land as on 20-10-95 and execute conveyance deed to the said encroached land infavour of ht 2nd petitioner C. Raghuram, s/o Venkatesam forthwith and consequentially direct the respondents not interfere in the peaceful possession and enjoyments of the house property bearing MCH.No.8-2-120/112/A, Road No.9, Banjara Hills, Hyderabad in an area of 806 sq.yards. Counsel for the Petitioner:MR.C.HANUMANTHA RAO Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following : HONOURABLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION No. 2552 OF 1999 ORDER: This Writ Petition is filed seeking Writ of Mandamus to direct the respondents to regularize the land alleged to be the government land and as decided in LGC.No. 145 of 1995, dated 26-2-1998 by duly receiving the market value to be fixed with reference to the basic value register as on 20-10-1995 and execute conveyance deed in respect of the encroached land in favour of the second petitioner and further direct the respondents not to interfere with the peaceful possession and enjoyment of the said property bearing MCH.No.8-2-120/112/A, Road No.9, Banjara Hills, Hyderabad. It is the case of the first petitioner that he had purchased the house property bearing Municipal No. 8-2-120/112/A in an area of 806 square yards situated at Road No.9, Banjara Hills, Hyderabad, from its previous owner, namely Sri Kakarla Rajendra Prasad, for a sale consideration of Rsd.19,00,000/- through registered sale deed dated 21-3-1997 and he was put in possession of the same. It is stated that later when he prepared to sold the said property in favour of the second petitioner in the year 1998, the Sub-Registrar, on instructions from the District Collector, informed that the said property cannot be registered in favour of the second petitioner in view of the judgment dated 26-2- 1998 passed in LGC.No. 145 of 1995 by the Land Grabbing Court. It is the case of the petitioner that his vendor, Sri Kakarla Rajendra Prasad did not inform him about the pendency of LGC.No. 145 of 1995 before the Land Grabbing Court at the time of transaction. It is stated that the said Land Grabbing Case was filed by the government claiming that 500 square yards out of 806 sq. yards in the above said property belongs to government. It is further stated that the above said LGC was disposed of by judgment dated 26-2- 1998 declaring 500 square yards out of 806 square yards in MCH.No. 8-2-120/112/A as Government land. It is the further case of the petitioner that as he had received full sale consideration from the second petitioner, it is his duty to register the title of the said land in favour of the second petitioner, but in view of the judgment dated 26-2-1998 in LGC.No. 145 of 1995, he is in precarious situation to complete the sale transaction and execute the sale deed in favour of the second petitioner. It is stated that in view of the same, he filed a representation before the second respondent on 28-12-1998 to regularize the alleged encroached land admeasuring 450 square yards in terms of G.O.Ms.No. 972, dated 4-12-1998, by receiving market value. It is the grievance of the petitioner that so far no orders have been passed by the respondents on his application dated 4-12-1998. Though Writ Petition is of the year 1999, no counter affidavit is filed on behalf of the respondents. When the matter was listed for hearing on 27-6-2008, this Court directed the first respondent to pass appropriate orders on the application of the petitioner dated 28-12-1998 within two weeks and produce a copy of the same before this Court.. Today, when the matter is taken up for hearing, the learned Government Pleader produced Letter No. 35484/Assn.III/08, dated 17-7-2008 addressed by the Principal Secretary to Government-first respondent to the office of the learned Government Pleader for Revenue (TA), High Court of Andhra Pradesh, wherein it is stated as under:: “I am to inform you that the Government have decided to consider the case of Sri Y.Jithin Kumar for regularization of encroached Government land as per the terms & conditions stipulated in G.O.Ms.No.166 Revenue (POT) Department dated 16.2.2008. The Collector, Hyderabad has accordingly directed the Petitioner afresh to file an application for regularization under G.O.Ms.No.166 Revenue (POT) Department dated 16.2.2008 to take further necessary action. I am therefore request you to appraise the above position to the Hon’ble Court as and when it come up for hearing in High Court of Andhra Pradesh as ordered by the Hon’ble High Court in its orders dated 27.6.2008 in W.P.No.2552/1999.” The learned counsel for the petitioner seeks four weeks’ time to file a fresh application for regularization as per the G.O referred in the letter of the Principal Secretary to Government of Andhra Pradesh. In the above circumstances, the writ petition is disposed of giving liberty to the petitioner to file a fresh application before the appropriate authority, within four weeks from the date of receipt of a copy of this order and the respondent is directed to consider and dispose of the same in accordance with law, within four weeks thereafter. With this observation, the writ petition is disposed of. No costs. ------------------------------------ JUSTICE S. ASHOK KUMAR Date: 23-7-2008 MRB/Msnr.