Sri. Sunil. D. Shah And 2 Others v. The State Of Telangana And 5 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13554 OF 2019 DATED :04.07.2019 Between :

Sri Sunil.D.Shah S/o.Late Damodar Das, Aged about 61 yrs, Occu : Business, R/o.Shree Ji Kunj, H.No.8-2-401/C/2, Street no.1, Road No.5, Banjara Hills, Hyderabad & others.

..

Petitioners And The State of Telangana, Rep., by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13554 OF 2019 ORDER :

Heard learned counsel for the petitioners and learned Government Pleader for respondents 1 to 5.

2.

Petitioners claim to be the owners and in possession of land admeasuring Ac.8-00 guntas in Sy.No.168 of Vattinagulapally Village & Gram Panchayat, having acquired the same through registered Gift Settlement Deed dated 22.08.2005. Petitioners claim that earlier they filed two applications under Right to Information Act to issue certified copies of Tippons in respect of Sy.Nos.259, 244, 168 and 267 and in Sy.No.169, 245 and 264 respectively. But petitioners were informed vide memo dated 20.09.2018 that Tippons of the survey numbers mentioned therein are not available. Petitioners are now challenging the notice issued on 25.06.2019 by the Deputy Inspector of Survey proposing to conduct survey of land in Sy.Nos.169 and 245 on 06.07.2019.

3.

Learned counsel for the petitioners sought to contend that as the Tippons itself are not available, as informed to petitioners, the question of conducting of survey does not arise. He also submits that conducting survey in isolation to two survey numbers would not serve the purpose and a comprehensive survey ought to have been taken up.

4.

Apparently, petitioners have not responded to the said notice and have not filed objections on the issue and straight away filed this writ petition. It is not their case that the Deputy

- 3 - Inspector of Survey is not competent to conduct survey on an application made for conducting of survey. If petitioner has any objection on the manner in which survey is proposed or they want widening of survey, they ought to have filed application before the competent authority without rushing to this Court. 5.

Thus, the Writ Petition is dismissed leaving it open to the petitioners to file objections or appropriate application as may be advised on the issue of conducting of survey, in pursuant to the impugned notice dated 25.06.2019. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 4th July, 2019 Rds