M/S. Kishoresons Investments v. State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1680 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, particularly the 2nd respondent herein in not conducting survey and demarcation of the land in Survey No.72 situated at Bomruknuddowla Village, Rajendranagar Mandal, Ranga Reddy District, on the application of the petitioner dated 20.11.2018 as illegal, arbitrary, unjust and violation of principles of natural justice and against the provisions of the A.P. Survey & Boundaries Act, 1923 and the Rules made thereunder and consequently direct 2nd respondent to conduct survey and demarcation and fix boundary stones surrounding the land admeasuring Acs.2-32 guntas in Survey No.50/2, situated at Bomruknuddowla 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 the erstwhile common High 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 13.07.2007; 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 30th January, 2019 Kvsn