THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.34010 OF 2011 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of respondent No.1 in not passing orders on the petitioners’ lay out regularization application Nos.LRS 00950/Cir 14/2007-08 and LRS 00951/Cir.14/2007-08 respectively as illegal and arbitrary and consequently direct the respondents to regularize the petitioners plots in Survey Nos.915 and 917 of Khaithalapur Village, Balanagar Mandal, Ranga Reddy District. 2. It is stated in the affidavit filed in support of the writ petition that the first petitioner purchased Ac.0.10 guntas of agricultural land out of Ac.1.29 guntas under a registered sale deed on 15.05.1997 from one J.Kumar and Venkatesh. The said land was bounded by 80” road from KPHB Colony to Jubilee Hills in the west. In the year 2003, the vendor of the first petitioner planned a lay out of the rest of the land in the said survey numbers and showed only 40” road on the western side on the plea that the proposal for 80” road was not crystalised. The petitioners jointly purchased Ac.0.06 guntas of land in the said land abutting the land already purchased by the first petitioner on the eastern side under a registered sale deed on 21.04.2003 and thus, the land purchased by the first petitioner has got access to the 40” road. The petitioners partitioned the land jointly and all the land between 40” road and the first petitioner’s land purchased on 15.05.1997 was allotted to the first petitioner and thus, the land purchased by the first petitioner on 15.05.1997 also got access to the 40” road. Admittedly, second petitioner’s land got access to the main road. Though there is no impediment for the first respondent to consider the application of second petitioner, he is joining the first petitioner to fortify the fact of oral partition among the brothers. The Government converted the user land in the said survey numbers from agricultural to residential vide G.O.Ms.No.288 M.A. dated 03.04.2008. Thereafter, lay out regularization rules were issued. The petitioners made the said applications to respondent No.1 for regularization of their house sites for regularization of the lay out under the said rules along with all the documents and required fee on 26.04.2008, but the respondents have not passed any orders on the said applications. The last date for payment of fee for regularization is 31.12.2011. On enquiry, the petitioners were informed that since there is no access to the land of the first petitioner into the 40” road on the western side, the applications were not finalized and demand notices were not issued to them. The petitioners are brothers and the user of the land when they purchased was agricultural land. So, they purchased the land jointly on 21.04.2003, which is in inverted “L” shape and after partition, all the land between the land purchased by the first petitioner on 15.05.1997 and the 40” road fell to the share of the first petitioner and as such, first petitioner has access to the 40” land and hence, there is no justification for the respondents for not entertaining the applications of the petitioners for regularization. If the applications are not entertained before 31.12.2011, the petitioners will be put to irreparable damage. Hence, the writ petition. 3. Learned counsel for the petitioners contended that inspite of submitting the regularization applications under lay out regularization scheme, the respondents are not regularizing the same and hence, prays to issue a direction to the respondents to consider the applications of the petitioners and regularize the petitioners’ plots. 4. On the other hand, learned Standing Counsel appearing for the first respondent contended that the applications of the petitioners would be considered in accordance with law. 5. It is not in dispute before this Court that the applications filed by the petitioners for lay out regularization are pending with the respondents. It is also not in dispute before this Court that the last date for payment of regularization fees is 31st December, 2011. Therefore, respondents are directed to consider the applications of the petitioners for lay out in accordance with rules and regularizations and pass necessary orders within a period of four (4) weeks from the date of receipt of a copy of this order. It is also made clear that the petitioners shall pay the regularization fees and other fees, if any, to the respondents and the respondents shall receive the same. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 23rd December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.34010 OF 2011 Date:23.12.2011 AMD