The Mobile Welfare Society v. The State Of Telangana And 5 Others

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Date: 8.7.2019 Between:

The Mobile Welfare Society (Regd.No.2088/91) represented by its General Power of Attorney, O.Subba Rao.

.. Petitioner And State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

.. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO ORDER:

Heard learned counsel for petitioner and learned Government Pleader for Respondents and perused material available on record. 2.

According to petitioner, on 31.12.1991, final patta certificate was issued in favour of petitioner society in respect of land to an extent of Ac.99-27 guntas in Sy.Nos.32, 33, 34, 35, 36, 37, 38, 39 and 40 situated at Gachibowli village, Serilingampally mandal, Ranga Reddy district, assigning the above mentioned land to landless poor people. In this writ petition, petitioner society alleges that there are large number of encroachments are going on and illegal constructions are being made and therefore in this regard, petitioner made an application to the respondent authorities for conducting survey and for fixing boundaries in respect of the land allotted to the petitioner society. However, learned counsel for petitioner fairly submits that the District Collector, Ranga Reddy district vide proceedings dated 4.7.

2013 informed the Joint SubRegistrar, Ranga Reddy district that no such Patta Certificate was granted to the petitioner society on 31.12.1991 and this proceedings was challenged by way of W.P.No.23040 of 2013 and the said writ petition is pending consideration before this Court.

3.

In view of the endorsement of the District Collector dated 4.7.2013, it is clear that no such patta certificate was granted to the petitioner society and the petitioner has to succeed in the pending writ petition. Further, insofar as the representation dated 17.5.2019 made by the petitioner society to the District Collector, seeking to conduct survey and demarcate the land and fix the boundaries and also to stop illegal construction and demolish illegal structures, is concerned, as per

the procedure, for conducting survey and for fixing boundaries, applicant has to make F-Line application through TSTS web portal. Admittedly, in this case, no such application is made. Thus, the relief as prayed for in the writ petition cannot be granted and therefore the same is liable to be dismissed.

4.

Accordingly, the writ petition is dismissed, granting liberty to the petitioner to work out the remedies as available under law in the pending writ petition. As a sequel, the miscellaneous petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date: 8.7.2019 DA

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 8.7.2019 DA