IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21812 of 2001 Between: Ch. Kumara Swamy, S/o. Sri Mallaiah, R/o. 1-8-130,31, Balasamudram, Hanamkonda. ..... PETITIONER AND Municipal Cforporation of Warangal, Rep. by its Commissioner, Warangal. .....RESPONDENT 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 declaring the notice in Roc.No.G1/16757/99, dt. 18-1-2001 and the consequential notice in Roc.No. G1/16757/99, dt. 7-9-2001 issued by the Respondent is arbitrary, bad and illegal and consequently set aside the same. Counsel for the Petitioner : MR.S.ASHOK ANAND KUMAR Counsel for the Respondent: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER : In this writ petition, the petitioner has questioned the notice, dated 18th January 2001, issued in ROC.No.G1/16757/99, and further notice, dated 07.09.2001, issued in ROC.No.G1/16757/99, by the respondent-Municipal Corporation. 2. The father of the petitioner has participated in the public auction conducted by the respondent-Municipal Corporation for sale of plots in an approved layout situated in Warangal. He was the highest bidder for Plot No.C-21, and it was sold to him by the respondent-Municipal Corporation, through a registered sale deed, dated 08.02.1980, vide document No.534/80. The extent mentioned in the sale deed is 666 square yards. 3. The respondent-Municipal Corporation has issued a notice, dated 18th January 2001 at first instance, alleging that the petitioner had succeeded to the property in question from his father, and he is in possession of excess land to the extent of 78 square yards, as such, to regularize the same, an amount of Rs.1,56,000/- was demanded at the rate of Rs.2,000/- per square yard. Subsequently, a further notice, dated 07.09.2001, was issued, revising the rate per square yard as Rs.1,200/-, and demanded an amount of Rs.93,600/- to regularize the excess land alleged to have been occupied by the petitioner to the extent of 78 square yards. Both these notices are challenged in this writ petition, on the ground that the petitioner was in possession of land as per the boundaries mentioned in the sale deed, and that there is no excess land in his possession. 4. When the matter is taken up for hearing, it is submitted by the learned counsel for petitioner that though the petitioner is in possession of land only to the extent as notified in the auction notice within the boundaries mentioned in the sale deed, but to put a quietus to the litigation, his client is willing to pay the demanded amount of Rs.93,600/- and to get the same regularized. 5. As much as the petitioner is willing to pay the amount demanded by the respondent-Municipal Corporation for regularization of the alleged excess land, without going into merits of the claim made in the writ petition, I dispose of this writ petition permitting the petitioner to deposit an amount of Rs.93,600/- within a period of three months from today as per the notice, dated 07.09.2001, passed in ROC.No.G1/16757/99. On such deposit, the respondent-Municipal Corporation shall issue orders regularizing the alleged excess land of 78 square yards, which is in possession of the petitioner, within a period of two months from the date of deposit. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 1st April 2009. Note: Furnish C.C. in one week. (b/o) ajr