D.Krishna Kanth v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15871 OF 2019 ORDER:

Heard.

2. Petitioners claim that the vendor of the petitioner sold Acs.15-20 guntas of land in survey No.123 of Laxmapur Village, Shamirpet Mandal, Medchal-Malkajgiri District, by way of two separate sale deeds splitting the extent of land into Acs.7.20 guntas and Acs.8.00 guntas separately.

3. Learned counsel for the petitioners on the one hand contends that the petitioners are in possession of entire extent of land and on the other hand contends that in the recent survey conducted by the Survey department, there is a short fall of extent of land by Ac.0.28 guntas. He, therefore, seeks to conduct a fresh survey.

4. Learned counsel for the petitioners does not dispute conducting of survey in their presence and the result of survey indicating shortfall of land to an extent of Ac.0-24 guntas and Ac.0-04 guntas by separate notices issued to them.

5. If the petitioners' grievance is that survey was conducted showing less extent of land in their possession, petitioners have to work out their remedies against the survey report. Therefore, the question of making a fresh application to conduct survey does not arise. Further, on 18.03.2018, petitioners made a representation to the Collector and District Magistrate seeking omnibus reliefs.

But, the Collector and District Magistrate has no role to play in conducting survey.

6. Therefore, the Writ Petition is dismissed leaving it open to the petitioners to work out their remedies as available in law. Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No costs.

_____________________ P. NAVEEN RAO, J 29th July, 2019 sur