Mahadev Rathi v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 11841 OF 2020 Between:

IVahadev Rathi, S/o Brij l\,4ohan Rathi, aged about 30 years Fl/o.2nd Floor, Sri Sai Queens Stole Palace, (H.No. 5-9-162), Basheerbagh, Hyderabad TS. ,..PETITIONER AND '1 . The State of Telangana, Rep. by Principal Secretary, Revenue Department, Secretariat, Hyderabad

2. Director, Survey and Land Settlement, Naryanguda, Hyderabad

3. The District Collector, Hyderabad Dist., Nampally, Hyderabad

4. The Asst. Director, Survey and Land Settlement, Chairag All Lane, Hyderabad

5. The Tahsildar, Sahikpet I\/andal, Banlara Hills Hyderabad , .,,RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased lo issue Writ of I\,4andamus or any other order or orders to declare that letter dated 13-02-2020 rejecting the request of the Petitioner for survey and demarcation stating the reason that "Old survey no not in force hence rejected" by Respondent No.5 of the properly own by the petitioners purchased vide in vide sale deed No.441612017 and 441712017 dl:- 0710012017 in ratification Deed Doc:- 448412017 and 448512017 dl - 1810912017 as the TSL R numbers are mentioned in the Sale Dees, is illegal, arbitrary and against the fundamental rights and human rights of the Petitioner as guaranteed by the Constitution of lndia under article 14,19,21 and 3004. Counsel for the Petitioner: SRI ABU AKRAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION o.11841 ol 2O2O ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made. "To issue Writ of Mandamus or any other order or orders to declare that letter dated 13.02.2020 reiecting the request of the petitioner for survey and demarcation stating the reason that "Old survey no, not in force hence rejected" by respondent No.5 of the property own by the petitioners purchased vide in vide sale deed No.4416/2OL7 and 44t7/2OL7, dated 07/09/ 2017 in ratification Deed Doc:- 44A4/2017 & 448s / 2OL7 dtt- LA/O9/2O17 as the TSL R numbers are mentioned in the sale deeds, is illegal, arbitrary and against the fundamental rights and human rights of the petitioner as guaranteed by the Constitution of India under Article 14, 19, 21 and 3O0A and pass such other order or orders,.."

2, Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for the respondents ancj perused the record.

3.

Learned counsel for the petitioner would contend that the petitioner is the owner and possessor of land admeasuring 4000 square yards in Survey No.105 and 106, Town Survey No.10/4, Block-B, Ward No.12, Hakeempet Village, Shaikpet Mandal, Hyderabad District. He purchased the said land by virtue of registered document Nos.4116/2017 and 4lL7/2017, dated 07 .09.2077 , from its original owners. Subsequently/ rectification deeds were executed vide Rectification Deed Nos.44B5l2017 & 4486/2017, dated 18.09.2017, for rectiFication of boundaries of the subject land. To get the boundaries corrected and to settle the entire boundaries dispute once for all, the petitioner submitted on-line application, dated 04.06.2019, through E-Seva to the 5th respondent, the Tahslldar, Shaikpet Mandal, for fixing boundaries after conducting

survey by Mandal Surveyor, Since the said application was not disposed of by the 5th respondent even after lapse of one year, the petitioner filed W.P.No.t1244 of 2020 before this Court. At the time of hearing of said Writ Petition, learned Government Pleader for Revenue has stated that the application filed by petitioner was rejected by the 5th respondent, vide order, dated 13.02.2020. Accordingly, this Court disposed of the said Writ Petition directing the learned Government Pleader for Revenue to supply a copy of the rejection letter to the petitioner. A perusal of the order, dated 13.02.2020, passed by the 5th respondent reveals that the application oF petitioner was rejected stating lhat " Demarcation of old survey number not in force, hence rejected," The said order is erroneous, without competence and ultimately sought a direction to the Sth respondent to demarcate the land in question.

4. This Court, while dealing with the subject matter in W.P.No.11244 of 2020, which is also the subject matter of the present writ petition, held as follows:

"Learned Government Pleader, on instructions, has stated that the application of the petitioner was already rejected on 13.02.2020 and that the same was communicated to the petitioner through on line. However, the learned Counsel for the petitioner has disputed the same and states that no communication of the rejection order is served on the petitioner till date.

In view of the same, the official respondents are directed to send a copy of the rejection order, dated 13.02,2020, the Registered Post with Acknowledgement Due, The petitioner, if she is so advised, is free to pursue her remedies, as available under the Law, before the appropriate forums/authorities against the Order of Rejection, dated L3,O2.2020."

5.

A perusal of the aforementioned order of this Court passed in W.P.No.11244 of 2020 makes it clear that the petitioner was granted liberty to pursue remedies, as available under the Law, before the b/

J appropriate forums/authorities against the order of rejection, dated 13.02.2020. The petitioner, instead of challenging the order oF rejection, dated 13.02.2020, before appropriate forums/authorities as observed by this Court in W.P.No.11244 of 2020, again filed the instant writ petition seeking the same relief which was sought in W.P.No.11244 of 2020. Since already there is an order of this Court directing the petitioner to pursue remedies available under law before appropriate forums/authorities, no relief as sought for by the petitioner in this writ petition can be granted. The submissions made on behalf oF the petitioner do not merit consideration. There are no merits in this writ petition and the same is liable to be dismissed. However, this order shall not come in the way of the petitioner challenging the rejection order, dated 13.02.2020, before appropriate forums/authorities, in accordance with law.

5.

With the above observation, this Writ Petition is dismissed. No costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

SD/.CH.VENKATESWARULU ASSISTANT REGISTRAR //TRUE COPY// SECTI R To, 1 . One CC to Sri Abu Akram, Advocate IOPUC]

2. Two CCs to GP for neuenre]n'igh'C6''1 toiine State of Telangana [OUT]

3. Two CD CoPies.

MP

HIGH COURT DATED:1010912020

ORDER

WP.No.11841 of 2020 L F.

:{ .'S ..S's * o UJ p a) ri il ic \ ,J.

\ c H I DISMISSING THE WRIT PETITION WITHOUT COSTS s-