THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5888 OF 2005 DT.17.3.2011 Between: M Jagan Mohan Reddy and another … Petitioner And The District Collector, Hyderabad dist Hyderabad & ors … Respondent Counsel for the Petitioner: Sri P Pratap Reddy Counsel for respondent: G.P. for Revenue The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5888 OF 2005 ORDER: The petitioners herein in the present writ petition question the order of the first respondent dated 20.1.2005 in rejecting the application of the petitioners for regularizing of house property admeasuring 666 sq.yards bearing House No.16-2-139/C, Akberbagh, Malakpet, Hyderabad and seek a consequential direction to the first respondent to consider the regularization of the subject house in terms of G.O.Ms.No. 515 dated 19.4.2003. The petitioners herein claim that they are the owners and possessors of the subject property and that their father late Sri M Narsimha Reddy has purchased an extent of 600 Sq.yards land in plot no.255 from Smt Iqbalunnisa Begum vide registered sale deed dated 11.8.1964, who in turn purchased the same from the original owner Smt Akbarunnisa Begum vide registered document No. 1033 dated 9.5.1935 Fasli and are in continuous possession and enjoyment of the same. It is further stated that their father and other relatives have purchased an extent of 2400 sq yards from Smt Iqbalunnisa Begum vide different sale deeds each admeasuring 600 Sq.Yards. At the time of the construction of house by their father, the other family members decided to give an extent of 66 sq yards to their father and accordingly their father constructed four rooms therein in the year 1980. Thereafter, the Municipal Corporation of Hyderabad has assigned door number to the subject house i.e., House No. 16-2-139/C and that they have also obtained water connection to the said house and are paying the house tax, water consumption and electricity consumption charges regularly. Later, petitioners with an intention to construct a residential building in the subject land, submitted an application for issuance of ‘No Objection Certificate’ and the first respondent vide memo dated 8.1.2004 rejected the same on the ground that the subject property is recorded as ‘Kharij Khata Akbarunnisa Begum’. Thereafter the petitioners submitted an application 30.1.2004 for regularization before the first respondent enclosing the tax receipts, water consumption receipts etc thereafter proposals were placed before the District Level Committee on 23.9.2004 and the request of the petitioners was rejected by the impugned orders on the ground that subject land is a vacant land surrounded by compound wall only. Thereafter, the third respondent issued notice under section 7 of the Land Encroachment Act dated 4.3.2005 enclosing rejection proceedings issued by the District Collector dated 20.1.2005 and calling for explanation from the petitioners. The petitioners stated to have submitted their explanation and filed the present writ petition. The complaint of the petitioners is that they are the owners of the subject land and are in continuous possession of the same, however, the Government is disputing their right, title and ownership and vide impugned proceedings dated 20.1.2005 their request for regularization was rejected on the sole ground that the proposed land is classified as ‘Kharij Khata Akbarunnisa Begum’ and it is a vacant land surrounded by compound wall, hence does not come under the purview of G.O.Ms No. 508 Revenue (Assn-I) Department dated 20.10.1995 read with G.O.Ms No.972 Revenue (Assn-I) Department 4.12.1998 and G.O.Ms.No. 515 Revenue (Assn-I) Department dated 19.4.2003. It is seen that pursuant to the application made by the petitioners for regularization, the first respondent has forwarded the same to third respondent/Mandal Revenue Officer for enquiry and report and accordingly, the third respondent submitted its report dated 10.3.2004 to the Revenue Divisional Officer/Second respondent. The second respondent in turn vide letter dated 29.3.2004 submitted the proposal and recommended for regularization under G.O.Ms.No. 515 dated 19.4.2003. The petitioners contend that the Mandal Revenue Officer in his report dated 10.3.2004 stated that premises No. 16-2-139, Chanchalguda, Malakpet falls in T.S.No.5/P Block –G, W.176 Malakpet village to an extent of 501.60 sq.mts is vacant land with one room surrounded by compound wall, but the first respondent without considering the same, rejected the application of the petitioner on the sole ground that subject property is vacant land surrounded by compound and does not fall under the purview of G.O.Ms.No. 508 dated 20.10.1995. Learned counsel for petitioners contend that the first respondent without considering the report of the third respondent, the documents submitted by the petitioner viz., the tax receipts, water consumption charges payment receipts, electricity consumption charges payment receipts etc has erroneously comes to a conclusion that there is no residential structure existing in the land for entitlement of benefit of G.O.Ms No. 508 dated 20.1095 which clearly specify that encroachment should be on or before 31.3.1990. The learned counsel for petitioners contends that there exist one room and compound wall and petitioners fall within the purview of G.O.Ms.No. 508 dated 20.10.1995 and entitled to regularization in terms of G.O.Ms.No.515 Revenue (Assignment-I) Department dated 19.4.2003. The third respondent filed a counter affidavit reiterating the facts of the case and justifying the rejection order. It is also stated that as per TSLR the petition schedule land is recorded in Col.No.10 i.e., pattedar as ‘Kharij Khata Akbarunnisa Begum’ as such the sale transactions taken place are null and void and that the payment of electricity and water bills by petitioner do not create any title or ownership rights over the government land. It is also stated that as per the directions of the first respondent an enquiry was conducted and a report was submitted to the first respondent dated 10.3.2004 stating that the proposed land is existing in T.S.Bo.5/P Ward 176 Block-G of Chanchalguda, Malakpet on ground surrounded by compound wall and small room. Heard the learned counsel for petitioners and learned Government Pleader for Revenue and perused the material available on record. The main complaint of the petitioners is that though there is report specifically indicating that there is a room in the subject land and in spite of same and submission of documentary evidence of payment of municipal tax receipts prior to 31.3.1990 i.e., the cut off date prescribed in G.O.Ms.No. 508 dated 20.10.1995, supported by water and electricity receipts, the first respondent without considering the same rejected the application of the petitioners in a mechanical manner on the ground that the subject land is vacant land surrounded by compound wall and petitioner is not entitled to benefit under G O Ms No.508 dated 20.10.1995 and regularization in terms of G.O.ms.No.515 dated 19.4.2003. In view of the report submitted by the Mandal Revenue Officer dated 10.3.2004 that the land in question is vacant with one room surrounded by compound wall and the sanction of water and electricity connections and allotment of house number and payment of municipal tax etc, it cannot be said that there is no residential structure existing on the land prior to 31.3.1990 and petitioners are not entitled to benefit of regularization under G.O.Ms.No.515 dated 19.4.2003 and the matter requires reconsideration. . In the circumstances, the impugned order dated 20.1.2005 is hereby set aside and the matter is remanded back to the first respondent for fresh consideration of the matter and to pass appropriate orders on merits and in accordance with law taking into consideration the material submitted by the petitioner. Accordingly, the writ petition is disposed of. No costs. ______________ V ESWARAIAH,J DATE: 17.3.2011 TVK THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5888 OF 2005 DT.17.3.2011