IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10071 of 2008 Between: Prabhakar Jaini,C.T.O., C.Block, Flat No. III Vishnu Residency, Hyderabad-500080 ..... PETITIONER AND 1 The Commissioner, Warangal Municipal Corporation, Warangal, 2 The Mandal Revenue Officer, Hanumakonda Mandal, Warangal District. 3 The District Collector, Warangal District. 4 The Government of Andhra Pradesh, Revenue (Assignment Dept. Rep by its Spl. Chief Secretary to Government, 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 in the nature of writ of Mandamus, declaring the illegal action of the respondents not passing any orders or not considering applications or representation dt.26.1.2005 and mine dt.27.2.2008 for regularisation of encroachments by way or dwelling houses on government lands in urban areas like petitioner’s quarters situated at Rangampet, Warangal within the Warangal Municipality within the terms of G.O.Ms.No.1601 of Revenue (Assi-r) Department dt.29.8.2005 and amended on 8-6-2006 through G.O.MS.No.674 and not passing any orders not considering without stating any areas on in spite of lapse of more than one year from the date of application is illegal, arbitrary and violation of principles of natural justice, government orders and Articles , 14, 19 and 21 of the Constitution of Indian even after recommendation of concerned Mandal Revenue officer and consequently direct the respondents to regularity the petitioner encroachments by way of dwelling houses situated at Ragampet, Warangal in terms of G.O.Ms.No.1601 dt. 29-08-2005 of Revenue (Asi-I) Dept., and amended on 8-6-2006 through G.O.Ms.No.674 and pass such other appropriate orders. Counsel for the Petitioner: MR.KOONA REDDY ANJI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 10071 OF 2008 ORDER: This writ petition has been filed by one Prabhakar Jaini with a prayer to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the inaction of the respondents on his representations dated 26-01-2005 and 27-02-2008 for regularisation of the encroachments in terms of G.O.Ms.No.1601 Revenue (Assi-r) Department, dated 29-08-2005 as amended on 08-06-2006 in G.O.Ms.No.674 as illegal and arbitrary. The petitioner claims to be the allottee of LIGH DT Quarter by the first respondent municipality. He paid the necessary sale consideration. He made certain encroachments on the front and backside of the said quarter. He submitted a representation for regularisation of his encroachments in terms of G.O.Ms.No.674. Since there is no action on the part of the first respondent, the petitioner chooses to approach this Court with a prayer stated supra. The first respondent filed a counter contending that the open sites around the LIGH Quarter in occupation of the petitioner are meant for public purpose and there exists a nalla adjacent to the quarter allotted to the petitioner. The relevant portion of the counter affidavit reads as hereunder: “The respondent submitted that the allegation of the petitioner that the area of excess land to north side of quarters in low lying with to metre deep pits at the time of their occupation is all false and created, but the petitioner filled the nala with soil to grab the Municipal land and nala. Due to filled up with the soil, the natural nala became very narrow due to which arose obstruction of rainy and drain water is stagnated at the time of floods and rainy season for free flow of water. The said land is not belongs to the Government but it is acquired by this respondent for the purpose of Municipal Offices. The Warangal city is developing rapidly, but the Municipal land is not sufficient for developing the constructions of buildings for offices, therefore this respondent authority sustained heavy loss if the encroached excess land is regularized to the petitioner and other quarter owners. It is submitted that the existing natural nala is already conjusted and requires widening of nala the alleged encroached excess land is effected. The alleged encroached excess land site is falling in the parkland use as per the sanctioned master plan of Warangal city. In the park land uses no constructions shall be allowed and as per the standing instructions of the Government no municipal land shall be allotted to any individuals.” Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent-corporation. Learned counsel for the petitioner submits that similarly situated persons have already approached this court, and this court directed the first respondent to consider the possibility of regularisation of the land in possession, on payment of market value as per relevant Government Orders and Government Policy vide order in W.P.No.9977 of 2007 dated 22-08-2007 (M. Veera Swamy and others Vs. The Commissioner, Warangal Municipal Corporation and three others). The learned standing counsel appearing for the first respondent submits that the open sites in dispute in respect of which, the regularisation is sought for, are meant for public purpose. Without dwelling into the merits of the case, since the representations submitted by the petitioner are stated to be pending with the first respondent, I deem it appropriate to direct the first respondent to consider the representation and pass necessary orders, keeping in view the government orders governing the policy of regularisation, within a period of two months from the date of receipt of a copy of this order. Accordingly, writ petition is disposed of. No costs. __________________________ B. SESHASAYANA REDDY, J. Dated: 03-07-2008 Rns ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Warangal Municipal Corporation, Warangal, 2 The Mandal Revenue Officer, Hanumakonda Mandal, Warangal District. 3 The District Collector, Warangal District. 4 The Spl. Chief Secretary to Government, Government of Andhra Pradesh, Revenue (Assignment Dept.), Secretariat, Hyderabad. 5 Two CCs 6. 2CD copies