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Asian Institute Of ... vs The State Of Telangana And 2 Others
2023 Latest Caselaw 2826 Tel

Citation : 2023 Latest Caselaw 2826 Tel
Judgement Date : 3 October, 2023

Telangana High Court
Asian Institute Of ... vs The State Of Telangana And 2 Others on 3 October, 2023
Bench: Surepalli Nanda
                              1
                                                       WP_817_2023
                                                              SN,J




 IN THE HIGH COURT OF TELANGANA AT HYDERABAD

                   W.P. No. 817 of 2023

Between:

Asian Institute of Gastroenterology
                                                 ... Petitioner
And

The State of Telangana and others
                                               ... Respondents


JUDGMENT PRONOUNCED ON: 03.10.2023


      THE HON'BLE MRS JUSTICE SUREPALLI NANDA


1. Whether Reporters of Local newspapers   :     Yes
   may be allowed to see the Judgment?

2. Whether the copies of judgment may be
   marked to Law Reporters/Journals?       :     Yes

3. Whether Their Lordships wish to
   see the fair copy of the Judgment?      :     Yes


                                      _________________
                                      SUREPALLI NANDA, J
                                 2
                                                           WP_817_2023
                                                                  SN,J




      THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                    W.P. No. 817 of 2023

%     03.10.2023


Between:

#   Asian Institute of Gastroenterology
                                                  ..... Petitioner

And

$ The State of Telangana and others
                                                ... Respondents

< Gist:
> Head Note:


! Counsel for the Petitioner   : Mr Srinivas Rao Madiraj
                                 Sr.Designated counsel
                                 Rohit Pogula
^ counsel for Respondents       : G.P. for Revenue


? Cases Referred:
                                   3
                                                              WP_817_2023
                                                                     SN,J




        HON'BLE MRS JUSTICE SUREPALLI NANDA

                    W.P. No. 817 of 2023

ORDER:

Heard Sri Srinivas Rao Madiraj, the learned senior

designated counsel appearing on behalf of the

Petitioner and the learned Special Government Pleader

appearing on behalf of Respondent No.2.

2. Vide note of the Hon'ble The Chief Justice dated

12.06.2023 W.P.Nos.817 of 2023, 38329 of 2022 and 39932 of

2022 had been allotted to this Court and on 28.08.2023

W.P.No.817 of 2023, and W.P.No.38329 of 2022 and 39932 of

2022 had been listed before this Court.

3. The learned counsel for the Petitioner in W.P.No.38329 of

2022 sought leave of this Court for withdrawal of

W.P.No.38329 of 2022 on 28.08.2023 with liberty to pursue

W.P.No.39932 of 2022 which was filed by the same Petitioner

for the same relief as sought for in W.P.No.38329 of 2022 and

accordingly leave was granted by this Court and the interim

order dated 27.10.2022 passed in W.P.No.38329 of 2022 also

stood vacated.

WP_817_2023 SN,J

4. This Writ Petition is filed to issue a Writ of Mandamus,

declaring the action of the Respondents herein in not

executing the conveyance deed/sale deed and other necessary

documents in favour of the Petitioner in respect of land

admeasuring Ac.0-16 Gts. (1936 Sq. Yards) situated in Survey

No. 136/P at Gachibowli Village, Serilingampally Mandal,

Ranga Reddy District, pursuant to issuance of G.O.Ms. No.85

dated 17.08.2022 and Proceeding No.LC1/3492/2005 dated

27.09.2022 allotting the land to the Petitioner, as illegal,

arbitrary, unconstitutional and in violation of principles of

natural justice and equity and also consequently, direct the

Respondents to execute the conveyance/sale deed and other

necessary documents which are legally required for affecting

valid transfer of land in favour of the Petitioner, in the interest

of justice.

5. The case of the Petitioner, in brief, as per the

averments in the affidavit filed in support of the present

writ petition is as follows:

a) The Petitioner is a Company incorporated under the

Companies Act, 1956 and it is one of the renowned hospitals

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in the Hyderabad City by the name "AIG Hospitals". The

Petitioner is providing various health care services to the

general and needy public through its branches in Somajiguda

and Gachibowli.

b) Apart from the above mentioned, the Petitioner is also

providing teaching training, research and community care.

c) As per Revenue Records, the land in Sy.No. 136 to an

extent Ac. 120-01 gts., of Gachibowli Village is recorded as

"Gairan Sarkari" i.e., Government Land and the same is under

possession of State Government. The part of the lands in Sy.

No. 136 of Gachibowli Village was alienated to various

organizations like HUDA, BC Corporation, Traffic Police Station,

AIG Hospital etc., and also assigned to weaker sections.

d) While, the State Government had come with a proposal

to allot the portion of the vacant land in Survey No. 136

abutting to the existing AIG Hospitals, Gachibowli, measuring

1936 sq. yards (i.e., Ac.0-16 Gts.) in Sy No. 136/P of

Gachibowli Village, Serilingampally Madnal, Ranga Reddy

District and the Petitioner had shown its interest to acquire

such land by way of allotment to expand its health care

services to the general public.

WP_817_2023 SN,J

e) The Government vide G.O.Ms.No.85 Revenue (Assn. II)

Dept, dated 17.08.2022 has assigned land to an extent of

1936 sq. yards (Ac.0-16 gts.) in Sy.No. 136/P of Gachibowli

Village, Serilingampally Mandal (Subject Land) in favour of

Petitioner on payment of market value at Rs.95,000/- per Sq.

yard. The subject land is located adjoining to the land

originally assigned to Petitioner, on which the Hospital is

presently located and was assigned free from any

encroachments and encumbrances.

f) Thereafter, through Memo No. LC1/3492/2005, dated

08.09.2022, the Petitioner was requested to remit an amount

of Rs. 18,39,20,000/- (Rupees Eighteen Crores Thirty-Nine

lakhs and Twenty Thousand only) at Rs.95,000/- per Sq. Yard,

in the Government treasury under the relevant Head of

account towards payment of the market value of the land cost

to an extent of Ac.0-16 gts (1936 Sq. Yards) in Sy.No. 136/P

of Gachibowli and to submit original challan. Accordingly,

same has been remitted through SBI, Gruhakalpa Branch,

Nampally, Hyderabad vide Challan No.6201963323, dated

15.09.2022 towards land cost.

WP_817_2023 SN,J

g) The District Collector, Rangareddy Dist., i.e., 2nd

Respondent herein vide Proceeding No. LC1/3492/2005, dated

27.09.2022 has issued orders to handover the physical

possession of the subject land and the same was handed over

to the Petitioner on 30.09.2022 under cover of Panchanama.

Subsequent to putting the Petitioner into the possession of the

land, some unknown person by name Akthar Shaikh had tried

to interfere into the possession of the Petitioner falsely

claiming that the land admeasuring 720 sq. yards is a part and

parcel of the allotted land by showing the House No. 1-

58/5/A/5 to 1-58/5/A/10 of Gachibowli Village and further

alleged claims that his vendors are assignees of the subject

land.

h) Furthermore, the abovementioned Akthar Shaikh has

also filed a writ petition before this Court in W.P. No. 38329 of

2022 challenging the Proceedings No. LC1/3492/2005 dated

27.09.2022 issued by the 2nd Respondent and obtained an

interim order dated 13.10.2022 wherein the 2nd Respondent

was directed not to give any affect to the Proceedings

No.LC1/3492/2005 dated 27.09.2022. In the said writ

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petition, the Petitioner has been arrayed as one of the

Respondent.

i) Moreover, Akthar Shaik had filed another writ petition in

W.P No.39932 of 2022 once again challenging the Proceedings

No. LC1/3492/2005 dated 27.09.2022 issued by the 2nd

Respondent and this court was not inclined to continue the

interim orders passed earlier in W.P No.38329 of 2022 and the

same came to be lapsed.

j) Through Proceedings No. LC1/3492/2005 dated

27.09.2022, it had been ordered to handover the physical

possession of the land to the Petitioner and accordingly, the

same was handed over to the Petitioner on 30.09.2022 under

cover of Panchanama. The Petitioner had invested huge

amounts i.e., Rs.18,39,20,000/- and the same was paid to the

Respondents, pursuant to the Proceedings No.LC1/3492/2005

dated 27.09.2022 and despite the lapse of more than three

months, the Respondents are not coming forward to complete

the sale transaction by executing the conveyance/sale deed in

favour of the Petitioner, enabling the Petitioner to develop the

land for extending health care services.

WP_817_2023 SN,J

k) The Petitioner through its representatives have been

visiting the offices of the Respondents requesting to complete

the sale transaction by executing the conveyance/sale deed in

favour of the Petitioner and any other formalities as prescribed

under law. But, the Respondents are dodging the matter on

one pretext or the other. Hence, this Writ Petition.

6. The learned Special Government Pleader referred

to the Counter filed in W.P.No.38329 of 2022 and put

forth his submissions in W.P.No.817 of 2023 and

contended that appropriate orders could be passed by

the Court. The relevant portion of the said counter

affidavit, in particular, paras 4.1 to 4.7 read as under:

"4.1 It is submitted that, as per Revenue Records, the land in Sy.No.136 to an extent Ac.120-01 gts, of Gachibowli Village is recorded as "Gairan Sarkari" i.e, Government Land and same is under possession of Government.

4.2 It is submitted that, part of the lands in Sy.No.136 of Gachibowli Village was alienated to various organizations like HUDA, BC Corporation, Traffic Police Station, AIG Hospital etc., and also assigned to weaker sections. The land in Sy No.136 of Gachibowli village is recorded in 22-A i.e., Prohibitory Register. It is also

WP_817_2023 SN,J

necessary to bring to the notice of the Hon'ble High Court that, in the year 1984 assignment pattas were issued to the poor people in Sy No.136 of Gachibowli Village, Serilingampally Mandal recorded as "Government Land" to about 250 people and it is clearly 3 Kms away from the land allotted to AIG Hospital. 4.3. It is respectfully submitted that the present Writ Petitioner is claiming the subject land through alleged Patta holders and even otherwise the said subject land is far away from the land alienated to 6th Respondent Hospital. The land alienated to the 6th Respondent Hospital and others is Government land and free from all encumbrances and vacant as evidenced from the Google maps. They are filed as annexures. The distance between both lands is 2 to 3 KMs. A duly demarcated sketch is being enclosed to clearly indicate the land alienated to various organisations and the land in respect which Pattas were issued in 1984. Hence writ petition has to be dismissed on this ground alone. 4.4 It is submitted that the Government vide G.O.Ms.No.85 Revenue (Assn.II) Dept, dt:17.08.2022 has assigned land to an extent of 1936 sq. yards (Ac.0- 16 gts) in Sy.No.136/P of Gachibowli Village, Serilingampally Mandal (Subject Land) in favour of M/s. Asian Institute of Gastroenterology Private Limited i.e, 6th Respondent on payment of market value @ Rs.95,000/- per Sq. yard (Rupees Ninety Five Thousand only per Sq. Yard), subject to usual terms & conditions.

WP_817_2023 SN,J

The writ subject land is located adjoining to the land originally assigned to Asian Institute of Gastroenterology Private Limited (6th Respondent), on which the Hospital is presently located and was assigned free from any encroachments and encumbrances.

4.5. It is submitted that thereafter, through Memo No.LC1/3492/2005, dt:08.09.2022, 6th Respondent was requested to remit an amount of Rs.18,39,20,000/- (Rupees Eighteen Crores Thirty Nine lakhs and Twenty Thousand only) @ Rs.95,000/- per Sq. Yard, in the Government treasury under the relevant Head of account towards payment of the market value of the land cost to an extent of Ac.0-16 gts (1936 Sq. Yards) in Sy.No.136/P of Gachibowli Village, Serilingampally Mandal, Rangareddy District and to submit original challan. Accordingly, the 6th Respondent has remitted an amount of Rs.18,39,20,000/- (Rupees Eighteen Crores Thirty Nine lakhs and Twenty Thousand Only) through SBI, Gruhakalpa Branch, Nampally, Hyderabad vide Challan No.6201963323, dated 15.09.2022 towards land cost to an extent of Ac.0-16 gts (1936 Sq.Yards) in Sy.No.136/P of Gachibowli Village, Serilingampally Mandal, Rangareddy District.

4.6. It is submitted that, the District Collector, Rangareddy Dist., i.e., 2nd Respondent herein vide Proceeding No.LC1/3492/2005, dated:27.09.2022 has issued orders to handover the physical possession of the Government Land to an extent of 1936 sq. yards (Ac.0-

WP_817_2023 SN,J

16gts.) in Sy.No.136/P of Gachibowli Village and the same was handed over to M/s.Asian Institute of Gastroenterology Private Limited on 30.09.2022 under cover of Panchanama.

4.7. It is submitted that the Petitioner is said to have purchased a house bearing No.1-58/5/A/5 to 1- 58/5/A/10 of Gachibowli village and the Petitioner claims that his vendors are assignees of the subject land. But the House numbers mentioned above do not pertain to the subject land as the land is totally vacant till date and there were no structures existing at any point of time. The Google maps filed will evidence the falsity of averments of writ petitioner."

PERUSED THE RECORD :

7. G.O.Ms.No.85, dated 17.08.2022 issued by the

Government of Telangana, Revenue (ASSN.II)

Department, reads as under :

"In the circumstances as reported by the Collector, Ranga Reddy District and as recommended by the Chief Commissioner of Land Administration, TS., Hyderabad vide references 3rd and 4th read above, respectively, Government, after careful examination of the matter, hereby order for alienation of Government land to an extent of Ac.0.16 gts (1963 sq. yards) situated in Sy.No.136/P at Gachibowli (v), Serilingampally (M), Ranga ReddyDistrict in favour of M/s Asian Institute of

WP_817_2023 SN,J

Gastroenterology Pvt. Ltd. On payment of market value of Rs.95,000/- per sq. yards subject to usual terms and conditions laid under BSO-23 and utilization of land as per BSO-24.

2. The Chief Commissioner of Land Administration, Telangana State, Hyderabad and the Collector, Ranga Reddy District shall take further necessary action in the matter, accordingly."

8. Proceedings No.LC1/3492/2005, dated

27.09.2022 of the Collector, Ranga Reddy District, in

particular, relevant portion, reads as under :

"Accordingly, through the reference 3rd read above, the Chairman & Managing Director, M/s.Asian Institute of Gastroenterology Pvt. Ltd., Gachibowli, Hyderabad has been requested to remit an amount of Rs.18,39,20,000/- (Rupees Eighteen Crores Thirty Nine lakhs and Twenty Thousand only) @ Rs.95,000/- per Sq. Yard, in the Government treasury under relevant Head of account towards payment of market value of the land cost to an extent of Ac.0-16 gts (1936 Sq.Yards) in Sy.No.136/p of Gachibowli Village, Serilingampally Mandal, Rangareddy District and to submit original challan.

DISCUSSION AND CONCLUSION:

DISCUSSION :

WP_817_2023 SN,J

9. It is the specific case of the Petitioner that the

Petitioner is a Company incorporated under the

Companies Act, 1956 and it is one of the renowned

hospitals in the Hyderabad City and being well known

by the name "AIG Hospitals" and is providing various

health care services to the general and needy public

through its branches in Somajiguda and Gachibowli. It

is further the case of the Petitioner that the land in

Sy.No.136 to an extent of Ac.120.01 gts., of Gachibowli

Village is recorded as Gairan Sarkari i.e., government

land and the same is under possession of State

Government and the government vide G.O.Ms.No.85

Revenue (Assn.II) Department, dated 17.08.2022 had

alienated land to an extent of Ac.0.16 gts., (1936 sq.

yards) situated in Sy.No.136/P at Gachibowli Village,

Serilingampally Mandal in favour of Petitioner herein

on payment of market value of Rs.95,000/- per square

yard. It is further the case of the Petitioner upon the

Petitioner remitting an amount of Rs.18,39,20,000/- for

the alienated government land vide proceedings

No.LC1/3492/2005, dated 27.09.2022 of the 2nd

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Respondent herein, orders have been passed by the 2nd

Respondent directing the Tahsildar, Serilingampally

Mandal to demarcate the subject land and handover the

physical possession of the subject land to the Petitioner

herein duly showing the boundaries under cover of

panchanama. It is further the case of the Petitioner that

one Akthar Shaikh tried to interfere into the possession

of the Petitioner falsely claiming that the land

admeasuring 720 sq. yards is part and parcel of the

allotted land by showing the H.No.1-58/5/A/5 to 1-

58/5/A/10 of Gachibowli Village, and further falsely

claiming that his vendors are assignees of the subject

land. Misrepresenting the true facts and suppressing

material facts the said Akthar Shaikh approached the

High Court and filed two writ petitions i.e.,

W.P.No.38329 of 2022 and W.P.No.39932 of 2022

challenging the proceedings No.LC1/3492 /2005, dated

27.09.2022. It is further the case of the Petitioner that

the 2nd Respondent herein had filed a detailed counter

affidavit in W.P.No.38329 of 2022 wherein the 2nd

Respondent had categorically stated that the said

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Akthar Shaikh who is the Petitioner in W.P.No.38329 of

2022 and W.P.No.39932 of 2022 has no right or title

over the subject land allotted to the Petitioner herein

and by relying on certain fabricated documents which

are contrary to the Government records is seeking to

illegally usurp the government land which had been

allotted to the Petitioner herein vide G.O.Ms.No.85,

dated 17.08.2022. It is further the case of the Petitioner

that the possession of the subject land was directed to

be handed over to the Petitioner herein vide

Proceedings No.LC1/3492/2005, dated 27.09.2022 of

the 2nd Respondent herein but inspite of lapse of more

than 11 months since the date of handing over the

possession to the Petitioner on 30.09.2022 under cover

of panchanama yet the Respondents herein have not

come forward to complete the sale transaction by

executing the conveyance/Sale Deed in favour of the

Petitioner enabling the Petitioner to develop the land

for extending health care services. It is further the

grievance of the Petitioner that the Petitioner had

invested huge amounts i.e., Rs.18,39,20,000/- which

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was paid to the Respondents pursuant to the

proceedings dated 27.09.2022 issued by the 2nd

Respondent herein, but however, the Respondents are

not coming forward to complete the sale transaction by

executing the conveyance/sale deed in favour of the

Petitioner, hence aggrieved by the same Petitioner

approached the Court by filing the present writ petition

seeking a direction directing the Respondent to execute

the conveyance/sale deed which are legally required for

effecting valid transfer of the subject land in favour of

the Petitioner herein.

10. A bare perusal of the detailed counter affidavit

filed in W.P.No.38329 of 2022 by the 2nd Respondent

herein clearly indicates that the said Akthar Shaikh had

no right or title over the subject land allotted to the

Petitioner herein and it is in fact specifically averred in

the counter affidavit filed by the 2nd Respondent in

W.P.No.38329 of 2022 that the Petitioner had indulged

in fabrication of documents with an intention to ursurp

government land allotted to the Petitioner herein. The

detailed counter affidavit filed by the 2nd Respondent in

WP_817_2023 SN,J

W.P.No.38329/ 2022 and in particular para 4 i.e., 4.1 to

4.16 and paras 11, 12, 13 and 15 clearly indicate that

the Petitioner in W.P.No.38329 /2022 had filed the said

writ petition on false, frivolous and concocted

statements by relying on the fabricated documents and

it is on this ground alone the 2nd Respondent had

pleaded in the counter affidavit filed in W.P.No.3832

for dismissal of W.P.No.38329/2022.

11. The learned Special Government Pleader

appearing on behalf of the Respondents would submit

that in view of the pendency of W.P.No.38329 of 2022

and W.P.No.39932 of 2022 and in particular the orders

of the Court dated 27.10.2022 passed in W.P.No.38329

of 2022 directing the Respondents not to give effect to

the impugned proceedings dated 27.09.2022 by altering

the aforesaid property and also by making any

construction, the Respondents could not act diligently in

effecting valid transfer of land in favour of the

Petitioner and submitted that appropriate orders could

be passed by the Court.

WP_817_2023 SN,J

CONCLUSION :

12. A bare perusal of the G.O.Ms.No.85, dated

17.08.2022 issued in favour of the Petitioner herein

clearly indicates the fact of alienation of government

land to an extent of Ac.0.16 gts., (1936 sq. yds)

situated in Sy.No.136/P at Gachibowli Village,

Serilingampally Mandal in favour of the Petitioner

herein on payment of market value of Rs.95,000/- per

sq. yard. It is also borne on record that vide Office

Memo dated 08.09.2022 of the District Collector Office,

the Petitioner herein had been requested to remit an

amount of Rs.18,39,20,000/- @ Rs.95,000/- per sq.

yard in the government treasury towards payment of

market value of the land cost to an extent of Ac.0.16

gts., (1936 sq. yards) in Sy.No.136/P of Gachibowli

Village, Serilingmapally Mandal, Ranga Reddy District

and to submit original challan and in response to the

same the Petitioner herein vide original challan

No.6201963323, dated 15.09.2022 remitted an amount

of Rs.18,39,20,000/- through the SBI, Gruhakalpa,

Nampally, towards land cost to an extent of Ac.0.16

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gts., (1936 sq. yards) in Sy.No.136/P of Gachibowli

Village, Serilingmapally Mandal, Ranga Reddy District,

which was on payment of market value in favour of the

Petitioner herein i.e., M/s. Asian Institute of

Gastroenterology Pvt. Ltd. A bare perusal of the

proceedings dated 27.09.2022 of the 2nd Respondent

vide No.LC1/3492/2005, indicates that the 2nd

Respondent referring to all the above said facts had

issued orders to the Tahsildar, Serilingampally Mandal,

directing demarcation of the vacant, unencumbered

government land to an extent of Ac.0.16 gts., (1936 sq.

yards) in Sy.No.136/P of Gachibowli Village,

Serilingmapally Mandal, Ranga Reddy District, and to

handover the physical possession to the Chairman of

M/s. Asian Institute of Gastroenterology Pvt. Ltd., i.e.,

the Petitioner herein duly showing the boundaries

under cover of panchanama and the record further

indicates that the subject land was handed over to the

Petitioner on 30.09.2022 under cover of panchanama.

13. It is true that one Akthar Shaikh had filed two writ

petitions in W.P.No.38329 of 2022 and W.P.No.39932 of

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2022 challenging the proceedings No.LC1/3492/2005,

dated 27.09.2022, but the said Akthar Shaikh however

had not challenged G.O.Ms.No.85, dated 17.08.2022

pertaining to alienation of the subject land in favour of

the Petitioner herein.

14. This Court however, at the request of the counsel

for the writ petitioner in W.P.No.38329/2022 vide

orders dt. 28.08.2023 duly considering the fact as borne

on record and also the representation of the counsel on

record that the very same petitioner filed two writ

petitions i.e., W.P.No.39932 of 2022 and W.P.No.38329

of 2022 for the same relief i.e., to issue a writ of

mandamus to declare the impugned proceedings

No.LC1/3492/2005, dated 27.09.2022 issued by the 2nd

Respondent allotting 1936 sq. yards in Sy.No.136/P of

Gachibowli Village, Serilingampally Mandal, Ranga

Reddy District to the Petitioner herein and the learned

counsel appearing on behalf of the Petitioner further

requested for grant of permission for withdrawal of

W.P.No.38329 of 2022 with liberty to pursue

W.P.No.39932 of 2022 and duly considering the said

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submissions, this Court vide orders dated 28.08.2023

permitted the Petitioner in W.P.No.38329 of 2022 to

withdraw the said writ petition with liberty to pursue

W.P.No.39932 of 2022.

15. Taking into consideration of the above referred

facts and circumstances of the case and also the fact as

borne on record that Government vide G.O.Ms.No.85

Revenue (Assn.II) Department, dated 17.08.2022

issued orders for alienation of government land to an

extent of Ac.0.16 gts., (1936 sq. yards) in Sy.No.136/P

of Gachibowli Village, Serilingampally Mandal, in favour

of the Petitioner herein i.e., M/s. Asian Institute of

Gastroenterology Pvt. Ltd., on payment of market value

of Rs.95,000/- per sq. yard subject to usual terms and

conditions laid under BSO-23 and utilization of land as

per BSO-24 and the said G.O.Ms.No.85 Revenue

(Assn.II) Department, dated 17.08.2022 had not been

challenged as on date either by the Petitioner in WP

No.39932 of 2022, W.P. No.38329 of 2022 or by any one

for that matter and further taking into consideration the

facts as borne on record that the Government vide

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G.O.Ms.No.85 Revenue (Ass.II) Department, dated

17.08.2022 has assigned land to an extent of 1936 sq.

yards (Ac.0.16 gts) in Sy.No. 136/P of Gachibowli

Village, Serilingampally Mandal (subject land) in favour

of the petitioner herein on payment of market value

Rs.95,000/- per sq. yard. In response to Memo

No.LC1/3492/2005, dated 08.09.2022 issued to the

petitioner requesting the petitioner to remit an amount

of Rs.18,39,20,000/- (Rupees eighteen crores thirty

nine lakhs and twenty thousand only) @ Rs.95,000/-

per sq. yards in the Court Treasury towards payment of

market value of the land cost to an extent of ac.0.16 gts

(1936 sq. yards) in Sy.No.136/P of Gachibowli Village,

Serilingampally Mandal, R.R. District, the petitioner had

remitted an amount of Rs.18,39,20,000/- through SBI,

Gruhakalpa Branch, Nampally, Hyderabad vide challan

No.6201963323, dated 15.09.2022 towards the land

cost to an extent of Ac.0.16 gts (1936 sq. yards) in

Sy.No.136/P of Gachibowli Village, Serilingampally

Mandal, Ranga Reddy District. The District Collector,

Ranga Reddy District, the 2nd respondent herein vide

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proceeding No.LC1/3492/2005, dated 27.09.2022 has

issued orders to hand over the physical possession of

the Government land to an extent of 1936 sq. yards

(Ac.0.16 gts.) in Sy.No.136/P of Gachibowli Village to

the petitioner herein and the same was handed over to

the petitioner herein, M/s Asian Institute of

Gastroenterology Private Limited on 30.09.2022 under

cover of Panchanama.

16. In view of the fact that W.P.No.38329 of 2022 has

been dismissed as 'Withdrawn' and the interim order

dated 27.10.2022 passed in W.P.No.38329 of 2022 in

favour of the Petitioner there under also stood vacated

on 28.08.2023, the present Writ Petition No.817 of

2023 is allowed as prayed for and the Respondents are

directed to execute the conveyance deed/sale deed and

other necessary documents in favour of the Petitioner,

within a period of 2 weeks from the date of receipt of

copy of the order, in respect of land admeasuring

Ac.0.16 gts., (1936 sq. yards) situated in Sy.No.136/P

of Gachibowli Village, Serilingampally Mandal, Ranga

Reddy District, pursuant to issuance of G.O.Ms.No.85,

WP_817_2023 SN,J

dated 17.08.2022 and proceeding No.LC1/3492/2005

dated 27.09.2022 of the 2nd Respondent herein

directing handing over of physical possession of the

subject land to the Petitioner. However, there shall be

no order as to costs.

Miscellaneous petitions, if any, pending shall stand

closed.

__________________ SUREPALLI NANDA, J Date: 03.10.2023 Note: L.R.Copy to be marked.

b/o kvrm

 
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