Nandi Rajaiah W/O Popham, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE S.V.BHATT W.P. No.17407 of 2017 ORDER:

Heard Mr.Chandraiah Sunkara and the learned Assistant Government Pleader for Revenue.

The petitioner prays for the following relief: "............writ of mandamus, declaring the action of the Respondents No.1 to 3 in interfering with the Petitioners in Sy.No.345/10, extent of Ac.2-20 gts, without acquiring the same, as arbitrary, illegal and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners land in Sy.No.345/10, extent of Ac.2-20 gts, situated in Mancherial Village, Mandal and District till they acquire the same under Act No.30 of 2013 and till they paid the compensation....."

The petitioners on 27.09.2016 through transaction No.TTDER021600125822 and through his authorized agent No.TS-FAD027-1 requested for survey of land claimed by him. According to the petitioner, the survey is not completed and the respondents are interfering with the possession of petitioner of Sy.No.345 of 2010. Hence, the writ petition. The Assistant Government Pleader contends that the total extent of land in Sy.No.345 is Ac.310-00. The annexures filed by the writ petitioner do not show the sub-division of Survey number. The work now undertaken by the respondent for construction of double bed room houses is in the vacant land retained by the Government.

Mr.Chandraih Sunkara disputes the stand taken by the respondents. He further submits that the petitioner since is interested in confining himself to the property to which the petitioner is entitled to in Sy.No.345, the petitioner requests for survey and if orders are passed directing respondent No.3 to take up survey as requested through transaction No.TTDER021600125822 and pass orders within the reasonable time, the petitioner is satisfied. The submission of Mr.Chandraih Sunkara is placed on record.

The petitioner is given liberty to resubmit the application by enclosing copy of this order within four (04) weeks from the date of receipt of copy of this order and the 3rd respondent considers and passes orders within ten (10) weeks thereafter. Writ petition is accordingly disposed of. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

_______________ S. V. BHATT, J Dt: 30.04.2018 dv