S. Santosh v. State Of Telangana

HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.10888 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No 5 in not conducting the Survey and demarcation for the land admeasuring Ac.1.27gts in Sy.No.142 as illegal arbitrary and violative of Article 14 of Indian Constitution and consequently direct the Respondents Nos 3 to 5 to forthwith conduct survey and demarcation of land admeasuring Ac.1.27 gts in Sy.No.142 situated at Dornakal village and Mandal Mahabubabad Revenue Division Mahabubabad District and pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

Perusal of the record reflects that the Deputy Inspector, Survey and Land Records, Mahabubabad Division, Warangal, issued a notice as long back as on 01.09.2016 to all the parties concerned stating that he proposed to undertake a survey of the subject lands on 10.9.2016. The grievance of the petitioner presently is that no steps have been taken to complete the survey even till date.

In the light of the order proposed to be passed by this Court, it is not necessary to put respondent Nos.6 to 8 on notice or afford them an opportunity of hearing.

It may be noted that as per the procedure in vogue as on today, an application has to be submitted on-line by way of a F-line petition along with the requisite fee and necessary documents, if the petitioner wants a survey to be undertaken by the revenue authorities. It is an admitted fact that the petitioner did not take recourse to this extant procedure. On the strength of a communication of the year 2016, it is not open to the petitioner to complain of inaction on the part of the revenue authorities at this stage. In that view of the matter, the Writ Petition is disposed of permitting the petitioner to submit an application on-line by way of a F-line petition along with the requisite fee and necessary documents, if he wants a survey of the land admeasuring Ac.1-27 guntas in Sy.No.142 of Dornakal village and

Mandal, Mahabubabad Revenue Division, Mahabubabad District, to be undertaken by the revenue authorities. In the event the petitioner submits such an application on-line, the revenue authorities concerned shall take appropriate action thereon in accordance with law and due procedure expeditiously.

Miscellaneous Petitions pending in this Writ Petition shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date: 6th June, 2019.

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