IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20701 of 2008 Between: Captain K.Kishan, S/o. Late K.Yellaiah, R/o. Plot No.690, Naveen nagar Colony, Banjarahills, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its District Collector, Hyderabad District, Having Office at Chirag Ali Lane, Abids, Hyderabad. 2 The Tahsildar, Asifnagar Mandal, Having office at Vijayanagar Colony, 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 a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for regularization of property admeasuring 160 sq.yards attached to house f the petitioner bearing M.C.No.10-5-4/1/B/1 situated at Masabtank, Hyderabad in accordance with G.O.Ms.No.166 Revenue (Assn.POT) Department dated 16-2-2008 as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to consider the case of the petitioner for regularization of property admeasuring 160 Sq.yards attached to house of the petitioner bearing M.C.NO.10-5-4/1/B/1 situated at Masabtank, Hyderabad in accordance with G.O.Ms.No.166 Revenue (Assn.POT) Department dated 16.2.2008, forthwith and immediately. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled questioning the action of the respondents in not considering the case of the petitioner for regularization of property admeasuring 160 square yards attached to the house of the petitioner, bearing Municipal No.10-5-41/B/1, situated at Masabtank, Hyderabad in terms of G.O.Ms.No.166 Revenue (Assignment) Department, dated 16.02.2008. The case of the petitioner is that he has purchased property admeasuring 500 square yards from its owner under a registered sale deed, dated 30.08.2001 and since then he has been in possession and enjoyment of the same and paying the property tax regularly. In the year 2006, when the oﬃcials of the ﬁrst respondent attempted to demolish the compound wall of the petitioner for the purpose of road widening, without issuing any notice and without following due process of law, he ﬁled W.P.No.26456 of 2006 before this Court and by order dated 20.12.2006, this Court directed the respondents therein not to dispossess the petitioner from the subject land unless and until due process of law is followed. The petitioner further stated that when he wants to make some alterations in the subject property and took measurements of the same, he came to know that he is in possession and occupation of more than 500 square yards i.e., 160 square yards, which belongs to Government. Immediate thereto, he made a representation to the ﬁrst respondent to regularize the subject land under G.O.Ms.No.515, dated 19.04.2003. While the said application was pending, the Government issued another G.O.Ms.No.166, dated 16.02.2008 for regularization of encroached Government land by the private parties. Therefore, the petitioner submitted another application for regularization, along with all required documents, in terms of G.O.Ms.No.166, dated 16.02.2008, which is still pending. Learned counsel for petitioner submitted that the petitioner is in continuous possession of the subject property since 2001 and since his application for regularization is pending before the ﬁrst respondent, the writ petition may be disposed of directing expeditious disposal of the said application. Learned Assistant Government Pleader for Revenue agreed for the same. Hence, in view of agreed stand of both the counsel the writ petition is taken up for ﬁnal disposal at the admission stage. Having regard to the fact that the application of the petitioner for regularization in terms of G.O.Ms.No.166, dated 16.02.2008, is pending and in view of the agreed stand taken by both the learned counsel, I deem it appropriate to dispose of the writ petition directing the respondents to consider and dispose of the said application of the petitioner, in accordance with law, expeditiously. Till such time, the respondents are directed not to interfere with the possession of the petitioner. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J Dated.23.09.2008 GJ