R.Balamani v. The State Of Telangana, And 3 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19474 of 2019 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "to issue Writ order or direction more particularly one in the nature of writ of Mandamus declaring the in action of the Respondents is arbitrary illegal irregular against to the principles of natural justice equity fair play and unconstitutional since the Respondent No 3 and 4 for not considering the representation dated 20032019 requesting for fixing of boundaries for the land Admeasuring Acres 100 Guntas in Survey No 378/AA Acres 005 Guntas in Survey No 118/Ru and also Acres 005 Guntas in Survey No 118/Ruu thus totaling Acres 110 Guntas situated at Bahupet Gram Panchayat H/o Madaipet V Yadagirigutta Mandal Yadadri Bhuvangiri District." 2.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents.

3.

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." 4.

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 SEPTEMBER 11, 2019 YVL

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19474 of 2019 Date:11.09.2019 YVL