Mohd. Osman Khan vs State Of Telangana

Citation : 2021 Latest Caselaw 2619 Tel
Judgement Date : 17 September, 2021

Telangana High Court
Mohd. Osman Khan vs State Of Telangana on 17 September, 2021
Bench: A.Abhishek Reddy
       THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

               WRIT PETITION No.22336 of 2021
ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue for respondents. With their consent, the Writ Petition is disposed of at the admission stage.

In this writ petition, the petitioners assail the action of the respondents in not registering the Deed of Conveyance in their favour in respect of the land to an extent of 77.00 sq.yds. in premises No. 9-7-271 in TS No. 7/1, Block-The, Ward No. 13 of Shaikpet Mandal, Hyderabad District as illegal and arbitrary.

According to the petitioners, initially late Smt. Fazal Khatoon had applied for regularization of the subject land, which was classified as 'government land', claiming to be in possession of the same for the last 45 years. That upon her death in the year 2012, the petitioners, being her nephews, have filed a representation before the respondents, dated 05.08.2021 requesting to pass orders on the regularization application filed by late Smt. Fazal Khatoon. The learned counsel, drawing the attention of this Court to the Memo, dated 14.10.2010 issued by the then Government of Andhra Pradesh, has contended that the entire regularization amount was already paid during the life time of Smt. Fazal Khatoon. That subsequently, when the petitioners approached the authorities, they were insisted for production of legal heir certificate and therefore, they were constrained to file a suit in O.S. No. 1323 of 2019 on the file of IV Senior Civil Judge, City Civil Courts at Hyderabad, wherein the respondent No. 4 is a party 2 defendant. The said suit was decreed on 16.11.2020. Despite the same, the respondents are not registering the Deed of Conveyance in favour of the petitioners in respect of the subject property.

Considering the facts and circumstances of the case, without delving into the merits or demerits of the case, the respondent No. 2 is directed to pass necessary orders on the representation of the petitioners, dated 05.08.2021 strictly in accordance with law, as expeditiously as possible, preferably, without a period of ten weeks from the date of receipt of a copy of this order, duly taking into consideration the Memo, dated 14.10.2010 issued by the Government as well as the judgment and decree passed in O.S. No. 1323 of 2019.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________ A.ABHISHEK REDDY, J Date : 17.09.2021 Tsr