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