J.N.Praveen Kumar v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE P, NAVEEN RAO WRIT PETITION NO: 436'l OF 2021 Between:
J.N.Praveen Kumar, S/o Late Narsimhloo, aged 53 years, Occupation.Business, Fl/o Flat No.C-2, Venus Enclave, S.P.Colony, Trimulgherry, Secunderabad50001 5 ...PETITIONER AND '1 . The State of Telangana, Represented by Secretary (Revenue), Secretariat Buildings, Hyderabad
2. The District Collector, Medchal Malkajgiri District (formerly Ranga Reddy District), Keesara.
3. The Tahsildar, Medchal Mandal, Medchal Malkajgiri, Medchal.
4. The Assistant Director, Survey and Land records, Medchal Malkajgiri District, Keesara.
RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass a writ, order or direction more in the nature of writ of Mandamus declaring the inaction of the respondent no.4 in ignoring the application of the petitioner dated 25.2.2020 for conducting a survey and fixing boundaries of Sy.no.236 of Raja Bollaram Village, Medchal Mandal as illegal, arbitrary, and against the principles of natural justice and consequently issue a writ of Mandamus directing the 4th respondent to conduct the survey of Sy.no.
236 of Raja Bollaram Village, Medchal Mandal, Medchal Malkajgiri District(formerly Ranga reddy District) lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an interim direction directing the 4th respondent to act and conduct the survey and and mark out the sub-division with sketch of Sy.no.236 of Raja Bollaram Village, Medchal Mandal, Medchal Malkajgiri District(formerly Ranga reddy District) and act upon the representatio n/a pplication for survey dated 251212020 within a time frame pending disposal of the writ petition in the interest of justice.
lA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to leave may be granted to file the photocopies of the pattadar pass books and title deeds in the writ petition in the interest of justice.
Counsel for the Petitioner: SRl. R RANGANATHAN Counsel for the Respondents: AGP FOR REVENUE The Court made the following:
2HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.4361 of 2O2L ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
2.
According to averments in the writ petition, petitioner along with one Kiran Kumar purchased Ac.2.29 guntas by way of two registered sale deeds of the year 2015 in Sy.No.236 of Raja Bolaram Vi1lage, Medchal Mandal. Petitioner alleges that as dispute arose with reference to the boundaries and causing nuisance, he has made application to the Assistant Director of Survey and Land Records on 25.02.2020 requesting him to conduct survey. Alleging inaction, this writ petition is filed. 3.
On instructions, learned Assistant Government Pleader, disputed the extent of land claimed by the petitioner. According to him, petitioner and another owned land only to an extent of Ac.0.39 guntas each, but not Ac.2,29 guntas. Petitioner was directed to file relevant passbooks and title deeds and other documents. By way of I.A.No.2 of 2O2l relevant documents are fi1ed.
4.
As rightly pointed out by learned Assistant Government Pleader, even the entries in passbook disclose the extent as Ac.0.39 guntas each only.
5.
Learned Assistant Government Pleader fairly submits that the Assistant Director, Survey and Land Records directed the Tahsiidar, Medchal Mandal, to conduct survey and if reasonable time is given, survey will be conducted.
-) 6.
In view of the fair submission, the Writ petition is disposed of directing the Tahsildar-3'd respondent to conduct survey by strictly following the directions issued by the Commissioner for Survey, Settlement and Land Records from time to time, by putting on notice the adjacent land owners, co-pattadars and petitioner by fixing the date in advance. The entire exercise shall be completed within a period of ten weeks from the date of receipt of copy of this order. Pending miscellaneous petitions, if any, sha1l stand closed. SD/- N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// Cb To, SECTION OFFICER The Secretary (Revenue), State of Telangana, Secretariat Buildings, Hyderabad The District Collector, Medchal Malkajgiri District (formerly Ranga Reddy District), Keesara.
The Tahsildar, Medchal Mandal, Medchal lValkajgiri, Medchal. The Assistant Director, Survey and Land records, Medchal Malkajgiri District, Keesara.
One CC to Sri. R Ranganathan, Advocate IOPUCI Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT] Two CD Copies.
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HIGH COURT DATED: 0210612021 TAl'6 S '( v^ ( )oo z 15 JUN 2021 4// ,:
ORDER
WP.No.4361 o12021 Disposing of the WP Without costs.
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