Daravath Hatchya v. State Of Telangana And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19408 OF 2019 ORDER:

The Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the inaction of the respondents in conducting survey and fixing the boundaries for the land admeasuring 3.15 gutnas in Survey No.267 of Mahabubabad Village and Mandal, Mahabubabad District, in spite of filing of applications dated 24.12.2018 and 23.2.2019 along with challan, as arbitrary and illegal and consequently, to direct the respondents to conduct survey and fix the boundaries for the aforesaid land.

2.

Learned counsel for the petitioner as well as learned Government Pleader for Revenue, in one voice, submit across the Bar that the issue involved in this Writ Petition is squarely covered by the order dated 28.04.2016 in Writ Petition No. 4811 of 2011, operative portion of which reads as under:

" In view of the above facts and circumstances, the Writ Petitions are disposed of directing the respondent authorities to consider the Applications of the petitioners for survey and demarcation of lands after receiving necessary charges, keeping in view the Circulars vide Rc.No. N1/1408/07, dated 13.07.2007, Rc.No. N1/6543/99, dated 25.07.2001 and Circular vide Rc.No. N2/1741/2010, dated 18.05.2010 and also in terms of the judgment in W.A. No. 618 of 2013 and also keeping in view the provisions of Sections 89, 89-A and 92 of the Act and take necessary action and communicate the decision to the parties. It is open for the petitioners to prefer appeal against the said order, if they are aggrieved in terms of circulars referred to above."

3.

In view of the above submission, this Writ Petition is also disposed of directing the respondent authorities to consider the Application of the petitioner for survey and demarcation of land, after receiving necessary charges therefor, keeping in view the circulars and the provisions of the Act, as stated in the order dated 28.04.2016 in Writ Petition No. 4811 of 2011 and batch. No costs. Consequently, the miscellaneous Applications, if any stand closed.

___________________________ CHALLA KODANDA RAM, J 11th September, 2019 YVL

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19408 OF 2019 Date:11.09.2019 YVL