Saba Mahmood Al Amoudi, Hyderabad v. Prl Secy, Revenue Dept, Hyderabad And 2 Others

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.15446 OF 2017 Between:

Saba Mahmood Amoudi.

.. Petitioner And State of Telangana rep. by its Principal Secretary, Revenue Dept. Secretariat, Hyderabad and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 28.12.2017

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.15446 of 2017 ORDER:

Heard the learned Counsel for the petitioner and learned Government Pleader for Revenue for respondents. 2.

Petitioner assails the proceedings dated 28.10.2016 of respondent No.3 refusing to survey an extent of Ac.5.03 guntas in Sy.No.22/1 on the ground that she did not obtain consent of all the land owners in Sy.No.22, and also on the ground that sub-division had not been done on the ground.

3.

Learned counsel for the petitioner contends that insistence of respondent No.3 that petitioner should obtain consent of all the neighbours in the said survey number is irrational, and is only an excuse not to conduct survey. She also contends that pattadar passbooks issued to the petitioner show sub-division already exists and the reason, given by respondent No.3 that there is no sub-division, is not correct.

4.

Learned Government Pleader for Revenue, on instructions, states that, if the petitioner applies for subdivision in Telangana State online to the Assistant Director of Survey and Land Records, Sanga Reddy, the said official will look into the subdivision of petitioner's property and that respondent No.3 will then direct survey to be done, as sought for by the petitioner in respect of the land claimed by her.

5.

Therefore, the Writ Petition is disposed of setting aside the impugned endorsement dated 28.10.2016 issued by respondent No.3, and the petitioner is directed to apply in Telangana State online for sub-division/F.line by paying appropriate charges and, on such application being received, respondent No.3 shall direct the Assistant Director of Survey and land Rcords, Sangareddy to make sub-division of the land claimed by the petitioner, and also cause survey of the land mentioned in her application, within eight weeks of the submission of application for survey.

6.

Miscellaneous petitions pending, if any, shall also stand disposed of. No order as to costs.

M.S.RAMACHANDRA RAO,J Date:28.12.2017 usd