IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 10436 of 2007 Between: Smt.K.Chandrakala, w/o K.Anjaiah, r/o H.No.17-1-388/L/4, Laxminagar Colony, Saidabad, Hyderabad. ..... PETITIONER AND 1 The Special Chief Secretary and Chief Commissioner of Land Administration, Government of A.P., at Hyderabad. 2 The Collector, Hyderabad District at Hyderabad. 3 The Revenue Divisional Officer, Hyderabad Division, at Hyderabad. 4 The Mandal Revenue Officer, Saidabad, 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 order or direction more particularly one in the nature of writ of mandamus, declaring the action of the 1st respondent in not taking steps to consider the application dated 30-09-2005 submitted by the petitioner for seeking regularization of her dwelling house bearing Municipal No.17-1-388/L/4, at Laxminagar Colony, Saidabad, Hyderabad in terms of G.O.Ms.No.1601 Revenue (ASN-I) Department, dated 29-08-2005 and further action of the respondents 2 to 4 and their subordinate in taking conceive steps to demolish the above house without following dur process of law as illegal, unlawful and contrary to law and consequently direct the 1st respondent to consider the application for regularization of the above house on payment of market value in terms of G.O.Ms.No.1601, dated 29-08-2005 and as long as the said application is pending the respondents 2 to 4 and their subordinates shall be prevented from taking coercive steps to demolish the above house of the petitioner, and pass such other order which are necessary in the interest of justice. Counsel for the Petitioner: MR.M.DAMODAR REDDY Counsel for the RespondentS.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the petitioner stating that she purchased an extent of 150 square yards of land in Sy.No.28 in the year 1995 by way of a notarized sale deed and subsequently constructed a house on the said land. The same was assessed by the Municipal Corporation of Hyderabad and it was allotted H. No.17-1-388/L/4 and since then she has been paying the municipal tax also for the said house. Thereafter, in the survey conducted by the revenue authorities, it was found that the said land is a government land and, therefore, she made an application to the 1st respondent – Special Chief Secretary and Chief Commissioner of Land Administration, Hyderabad on 30.9.2005 seeking regularization of her dwelling house on payment of market value in terms of G.O.Ms.No.1601 dated 29.8.2005. The grievance of the petitioner is that so far no orders are passed on the said application and on the other hand, the subordinates of respondents 2 to 4 herein are trying to demolish her house. Hence she ﬁled the present writ petition seeking appropriate directions to the respondents. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue. This Court on 16.5.2007 while issuing notice, directed the parties to maintain status quo obtaining as on that date. Thereafter, the writ petition was admitted and a counter aﬃdavit is ﬁled by the respondent Government inter alia stating that the petitioner encroached the government land in an extent of 150 square meters and applied for regularization on 8.10.2005 without any proof of her being in occupation as on the notiﬁed date with structures over it such as MCH Tax, Water Cess, Electricity Bills prior to 1990 in respect of the premises in question and that it is a recent encroachment. It is further stated that as per the terms and conditions in G.O.Ms.No.1601, the property applied for regularization should be in possession of the applicant prior to 1990 and in the instant case, even as per the petitioner, she purchased the property in the year 1995 by way of an unregistered sale deed and, therefore, she is not entitled for regularization. The learned counsel for the petitioner submits that subsequent to ﬁling of the writ petition, the petitioner ﬁled an amendment petition stating that the Government issued G.O.Ms.No.166, Revenue (Assignment) Department dated 16.2.2008 for regularizing the encroachments upon the government lands on the basis of market value as on 31.12.2003 pursuant to which the petitioner submitted her application on 28.5.2008. The petitioner has also ﬁled W.P.M.P.No.16414 of 2008 seeking a direction to the respondents to consider the case of the petitioner for regularization basing on G.O.Ms.No.166 dated 16.2.2008. Since the application of the petitioner dated 28.5.2008 for regularization of her occupation of the subject matter of land is admittedly pending consideration before the respondents, I consider it appropriate to dispose of the writ petition with a direction to the respondents to consider and dispose of the application of the petitioner in the light of G.O.Ms.No.166 dated 16.2.2008, and till such time, status quo earlier granted by this Court shall continue. N.V.RAMANA,J DT.13.11.2008 msv.