Telangana High Court
Chakraboina Laxminarayana vs The State Of Telangana on 13 December, 2022
Bench: Lalitha Kanneganti
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.43097 of 2022
O R D E R:
This writ petition is filed seeking the following relief:
"...to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the respondents
in granting approval of draft layout with gated community in favour of
the 8th respondent to an extent of Ac 24-3 lgts in Sy No 879 and 881
vide proc No 1064/MED/PLG/ HMDA/2022 dated 26-08-2022 in so
far as the petitioners land admeasuring Ac 8-08gts in Sy No 879
situated at Medchal village and Mandal Medchal-Malkajgiri District as
illegal arbitrary and violative of Articles 14 and 300-A of the
Constitution of India and apart from being violative of principles of
natural justice and pass..."
2. Learned Counsel for the petitioner Mr. G. Jayendra Balaji submits
that the petitioner gave several representations to the Stamps and
Registration Department and also to the HMDA. He submits that the
respondent-HMDA has granted permission to the unofficial respondent and
in this regard the petitioner gave a representation dated 17.09.2022 to the
respondent-HMDA wherein he has categorically stated that one Late
Chakraboina Ramudu was declared as Protected Tenant of land
admeasuring Ac.8-08 guntas in Sy.No.879 situated at Medchal Village and
Mandal. He submits that petitioner is a legal heir of the said Late
Chakraboina Ramudu and earlier when the petitioner's name was mutated
in the revenue records by the Tahsildar an appeal was preferred to the
Revenue Divisional Officer and the RDO has set aside the orders passed by
the Tahsildar and thereafter petitioner preferred a Revision Petition before
the Joint Collector and the same was also dismissed confining the order of
the RDO. He submits that thereafter he filed O.S.No.18 of 2020 on the file
of the Hon'ble II Additional District Judge, Medchal-Malkajgiri at Medchal to
declare them has legal heirs and successors of Late Chakraboina Ramudu
and accordingly an order was passed declaring them as legal heirs by its
Judgment and Decree dated 26.08.2022. Hence by virtue of the same, the
respondent-HMDA cannot grant any permission in favour of the third
parties in respect of the said land. He submits that inspite of the said
representation dated 17.09.2022, no action has been taken by the
respondent-HMDA.
3. Learned Counsel appearing for the unofficial respondent submits that
they will file a detailed counter affidavit before this Court.
4. Learned Standing Counsel Mr. V. Narsimha Goud appearing for
respondent No.5 submits that the permission was granted on 26.08.2022
and on the same day the Court has also passed a Judgment and Decree. He
submits that after issuing notices to the unofficial respondent, they will
consider the objections and they will pass appropriate orders as per Section
22 of the HMDA Act, 2008.
5. Learned Standing Counsel Mr. B. Jagan Madhav Rao appearing for
respondent No.6 submits that it is for the HMDA to consider the
representation.
6. Recording the submission made by the learned Standing Counsel for
respondent No.5, the Writ Petition is disposed of directing the
respondent-HMDA to consider the representation of the petitioner
dated 17.09.2022 in the light of the orders passed by the Civil Court
in O.S.No.18 of 2020 vide Judgment and Decree dated 26.08.2022
and the respondents shall give a show-cause notice to the unofficial
respondent within a period of 1 week and thereafter the unofficial
respondent shall submit his explanation within a period of two weeks
and within a period of two weeks thereon the respondent-HMDA shall
pass orders. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________
LALITHA KANNEGANTI, J
13th December , 2022
myk
