Kuruvella Venkateswarlu v. The State Of Telangana,
THE HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON NO.2363 OF 2019
O R D E R
The grievance of the petitioner is that the revenue authorities are not taking up survey of the land admeasuring 2,420 square yards which was purchased under Registered Document bearing No.6205 of 1976. Perusal of the record reflects that the petitioner submitted a private complaint, pursuant to which Crime No.94 of 2018 was registered on the file of Khammam II Town Police Station and the Inspector of the said Police Station requested the Mandal Executive Magistrate and Tahsildar, Khammam Urban Mandal, to direct the Mandal Surveyor to undertake survey of the subject land. This request was made as long back as on 15.04.2018.
Learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that written instructions were furnished by the Tahsildar, Khammam Urban Mandal, under letter dated 21.02.2019 to him to the effect that given sufficient time, necessary action would be taken for conducting the survey. It is pertinent to note that in the case on hand, it is not only the request of the petitioner that should weigh with the revenue authorities but the fact that criminal investigation is pending and the police authority concerned also asked them to undertake such survey. In such circumstances, it is not open to the Tahsildar, Khammam Urban Mandal, to baldly claim that he is short of staff and refuse to abide by the request made by the police authority.
The writ petition is accordingly disposed of directing the Tahsildar, Khammam Urban Mandal, to ensure that survey is undertaken of the land in question, in accordance with the letter dated 15.04.2018 addressed to him by the police authority, expeditiously and in any event, not later than eight weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.
_______________ SANJAY KUMAR, J 21st FEBRUARY, 2019 Svv