Shareef Abdul Rahim Yamani v. State Of Telangana,

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33 OF 2019 O R D E R:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, the petitioner herein pray that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly 2nd respondent herein in not conducting survey and demarcation of the land in Survey No.72 situated at Mallapur Village, Balapur Mandal, Ranga Reddy District, on the application of the petitioner dated 14.8.2018 as illegal, arbitrary, unjust and against the provisions of the A.P. Survey and Boundaries Act, 1923 and the Rules made thereunder and consequently direct respondent Nos.2 and 3 to conduct survey and demarcation and fix boundary stones surrounding the land admeasuring Acs.3.

00 guntas under Survey No.72 situated at Mallapur Village, Balapur Mandal, Ranga Reddy District, and to pass such other orders as this Hon'ble Court deems fit and proper in the circumstances of the case.' This Court is informed that an issue on the same lines fell for consideration before another learned Judge of this Court in W.P.No.4811 of 2011 and batch which were disposed of by common order dated 28.04.2016. A copy of the said order is placed on record. For reasons alike as were set out in the aforestated order and in terms thereof, this Writ Petition is disposed of directing the respondent authorities to consider the application of the petitioner for survey and demarcation of the land after receiving necessary charges, keeping in mind the instructions issued vide Circular Rc.No.N1/1408/07 dated 13.07.

Rc.No.N1/6543/99 dated 25.07.2001;

and Rc.No.N2/1741/2010 dated 18.05.2010 and also keeping in view the provisions of Sections 89, 89-A and 92 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli and take necessary action and communicate the decision to the petitioner.

Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 3rd January, 2019 DR