IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15231 of 2008 Between: K. Damodar Reddy S/o. Late K. Mohan Reddy R/o.8-2-293/82/J111/329/1, Road No.79, Jubilee Hills, Hyderabad-33. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Department of Revenue (Assignment-I), Secretariat, Hyderabad. 2 The Special Chief Secretary & Chief Commissioner of Land Administration, A.P., Hyderabad. 3 The Collector, Hyderabad District, 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 one in the nature of writ of mandamus declaring the proceedings No.12/2816/2008, dt. 11.06.2008 issued by the 3rd respondent rejecting the regularization of the plot of land to an extent of 1,200 Sq. yards with a dwelling house bearing H.No.8-2-293/82/J111/329/1 situated at Road No.79, Jubilee Hills, Hyderabad on the alleged ground that G.O.Ms.No.515, Revenue (Assignment) Dept., dated 19.04.2003, was superceded by G.O.Ms.No.166, Revenue (Assn. POT) Department, dt. 16.02.2008, not withstanding the pay of market value as demanded by the 3rd respondent and acceptance of the same, as being illegal, unjust, arbitrary, discriminatory and unconstitutional, apart from being in vioaltion of arts. 14 and 300-A of the Constitution of India, and consequently direct the respondents regularization of the plot of land to an extent of 1,200 sq. yards with a dwelling house bearing H.No.8-2-293/82/J111/329/1 situated at Road No.79, Jubilee Hills, Hyderabad, in accordance with the guidelines laid down in G.O.Ms.No.515, Revenue (Assn.I) Department, dt. 19.04.2003. Counsel for the Petitioner: MR.SRINIVAS DAMMALAPATI Counsel for the Respondents.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed by the petitioner seeking a direction to the respondents to regularize the land to an extent of 1200 sq. yards with a dwelling house bearing H.No.8-2-293/82/J111/329/1 situated at Road No.79, Jubilee Hills, Hyderabad, in accordance with the guidelines laid down in G.O.Ms.No.515, Revenue (Assn.I) Department, dt. 19.04.2003. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. The petitioner claims to be a member of the Jubilee Hills Cooperative House Building Society Limited with membership No.3189. It is his case that he was allotted plot No.329 in Block-II admeasuring 696 square yards and after obtaining permission from the authorities, he constructed a house in the said land. It is also his case that he has occupied an extent of 1200 square yards of government land, which is just adjacent to his land and raised a construction there and, therefore, he made an application to the president of the society on 22.1.11985 and 13.7.1988 for allotment of the excess land available at the rear side of his plot. Since government is the owner of the said land, he made a representation to the 3rd respondent – District Collector to consider his case for allotment of the said land as he already constructed a house on the said land bearing H.No.8-2-293/J-III/82/329/1. Thereafter, when the government issued circulars intending to regularize the unauthorized occupations, he applied for the same and also paid the amount prescribed. Even though the government has accepted the amount paid by him way back in the year 2005, as his application was not processed though he made several representations, he filed a writ petition before this Court being W.P.No.4652 of 2008 and this Court by orders dated 4.3.2008 disposed of the said writ petition directing the respondents to consider his application dated 7.8.2003. Pursuant to the said directions of this Court, the 3rd respondent has issued the impugned proceedings dated 11.6.2008 rejecting the request of the petitioner to regularize his occupation. Hence this writ petition. The respondents have filed a counter affidavit inter alia stating that by the time of disposal of W.P.No.4652 of 2008 by this Court, the provisions of G.O.Ms.No.515 dated 19.3.2003 ceased to be in force and the government by superceding all the earlier orders relating to regularization of encroachments over the government lands by way of residential structures have issued G.O.Ms.No.166 dated 16.2.2008 and, therefore, the application of the petitioner was rejected on 11.6.2008. It is also stated that the petitioner has also filed another application for transfer of rights in terms of G.O.Ms.No.166 and the same is still pending and his request for considering his case as per G.O.Ms.No.515 cannot be considered as the same is already superceded. Learned counsel for the petitioner submits that as per G.O.Ms.No.1601 dated 29.8.2005, the competent authority to consider the cases of regularization of lands exceeding 500 square yards in Hyderabad and Ranga Reddy Districts is the committee appointed by the Government and since the impugned order rejecting the case of the petitioner is passed by the District Collector, the same is without any jurisdiction. Today when the matter is taken up, the learned Government Pleader on instructions concedes that the District Collector is not the competent authority to pass the impugned order. In view of the above submission, the impugned order is liable to be set aside and it is accordingly set aside and it is directed that the matter be placed before the 1st respondent to consider and pass appropriate orders on the said application of the petitioner. With the above direction the writ petition is disposed of. No costs. N.V.RAMANA,J DT.31.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Department of Revenue (Assignment-I), Secretariat, Hyderabad. 2 The Special Chief Secretary & Chief Commissioner of Land Administration, A.P., Hyderabad. 3 The Collector, Hyderabad District, Hyderabad. 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 5 2CD copies