Nenavath Govind v. The State Of Telangana Annd 2 Others

[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENry FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 8132 OF 2023 Between:

Nenavath Govind, S/o Late N. Jagi Ram Aged about 7'1 years, Occ. Agriculture, Rl/o H.No.3-101, Harshaguda, Maheshwaram Mandal, Ranga ReddY District ...PETrroNER AND '1 . The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The Tahsildar cum Joint Sub Registrar, Maheshwaram Mandal, Ranga Reddy District.

3. The Mandal Surveyor, Maheshwaram Mandal, Ranga Reddy O_,..*,l3lo*oa*r, Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 and 3 in not conducting survey and not fixing boundaries to the petitioner's agricultural land situated in an extent of Ac.2.00guntas of Sy.No.691/EE, Harshaguda, H/o Mankhal Village, Maheshwaram Mandal, Ranga Reddy District as illegal, arbitrary, violative of principles of natural justice and consequently direct the respondents 2 and 3 to conduct survey and fix the boundaries for the petitioner's agricultural land sttuated in an extent of Ac.2.O0guntas of Sy.No.

691/EE, Harshaguda, H/o Mankhal Village, Maheshwaram Mandal, Ranga Reddy District lA NO: 1 OF 2023 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 pleased to direct the respondents 2 and 3 to conduct survey and fix the boundaries for the petitioner's agricultural land situated in an extent of Ac.2.00guntas of Sy.No.691/EE, Harshaguda, H/o Mankhal Village, Maheshwaram Mandal, Ranga Reddy District by considering the F-Line application daled 0210812022, pending disposal of the writ petition Counsel for the Petitioner: SRI TENNETI NARESH Counsel forthe Respondents: SRI J.

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.8132 of 2023 ORDER:

Heard Sri Tenneti Naresh, learned counsel appearing for the petitioner and Sri J. Amruth Rao, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.

Petitioner is claiming that he is the absolute owner and possessor of land admeasuring Ac.2.O0 gts., in Sy.No.69 1/EE situated at Harshaguda, H/o.Mankhal Village, Maheshwaram Mandal, Ranga Reddy District. In proof of the same, he has filed copies of latest pattedar passbooks and title deeds. He has submitted F-line application bearing No.DERO22200839389 dated O2.O8.2O22 with respondent Nos.2 and 3 with a request to conduct survey and demarcate the aforesaid land by fixing boundaries. Despite receiving and acknowledging the said F-line application, respondent Nos.2 and 3 did not act upon the same, therefore, the present writ petition.

Whereas learned Assistant Government Pieader for Revenue, on instructions, would submit that respondent Nos.2 and 3 will consider the aforesaid F-line application submitted by the petitioner by following due procedure laid down under 1aw and conduct survey and demarcate the aforesaid land by fixing boundaries.

In view of the aforesaid discussion, this writ petition is disposed of, directing respondent Nos.2 and 3 to consider the F-line application bearing No.DER022200839389 dated O2.O8.2O22 submitted by the petitioner, conduct survey and demarcate the aforesaid land by fixing boundaries, strictly in accordance with law by putting the petitioner and all affected parties on notice and affording them an opportunity. If respondent Nos.2 and 3 are not inclined to accept the request of the petitioner, they shall assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the petitioner. They sha1l complete the entire exercise within a period ol forty

five (45) working days from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/. T. JAYASREE ASSISTANT REGISTRAR //TRUE coPY// sECroN oFFrcER / To,

1. The Tahsildar cum Joint Sub Registrar, Maheshwaram Mandal, Ranga Reddy District.

2. The Mandal Surveyor, Maheshwaram Mandal, Ranga Reddy District.

3. One CC to Sri Tenneti Naresh Advocate [OPUC]

4. Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT]

5. Two CD Copies MBC GJP q

HIGH COURT DATED: 2410312023 \ rl, ,!

!.

J () 13 APR 2023 \i\

ORDER

WP.No.8132 ol 2023 DISPOSING OF THE WRIT PETITION $)w6 -ffi WITHOUT GOSTS