High Court for State of TelanganaWP/9574/2019disposed of no costs

M/S.Bnr Stone Crushers v. The State Of Telangana

2019-04-30Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.9 5 7 4 OF 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondent Nos.2 and 3 in proposing to conduct survey of land in Survey No.249, alone, instead of conducting joint survey of lands in Survey Nos.249 and 268, situated at Bandaravirala Village, Abdullapurmet Mandal, Ranga Reddy District, with the assistance of Survey of India, as illegal and arbitrary and consequently, to direct respondent Nos.2 to 4 to conduct joint survey of the lands in Survey Nos.249 and 268, situated at Bandaravirala Village, Abdullapurmet Mandal, Ranga Reddy District.

2 .

Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 3, and perused the record. 3 .

It is pertinent to state that the petitioner had not completed any formality to get survey of the land in Survey No.268 situated at Bandaravirala Village.

Certainly, the petitioner is entitled to get survey of the land in Survey No.268 in accordance with the governing regulations. So, firstly, the petitioner has to comply with the requirements and pay the prescribed fee and file an application seeking survey of the land in Survey No.268. Since no prescribed fee is paid and no application is filed seeking survey of the land in Survey No.268,

a direction to conduct survey of the land in Survey No.268 cannot be given. There is nothing illegal or arbitrary on the part of the Tahsildar in conducting survey of the land in Survey No.249 alone as per the governing regulations. Under these circumstances, the petitioner is not entitled to the relief sought for.

4 .

With the above observation, the Writ Petition is disposed of.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J April 30, 2019.