Kln Charyulu, v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.19464 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in not surveying and fixing the boundaries of the property admeasuring 1767 Sq yards of Plot No. 32 - 46, and 32 - 47, Sy No. 604/1, Ushodaya Apartments, Upperguda, Malkajgiri Municipality, Hyderabad as arbitrary, illegal and consequently direct the Respondents 2 and 3 that they are duty bound to undertake such requests from the citizens."

2.

The main grievance of the petitioners is that as the unofficial respondents herein are trying to encroach into the aforesaid lands of the petitioners, they requested respondent Nos.2 and 3 herein to conduct a survey and fix the boundaries to the said property. They also made representations to respondent Nos.2 and 3 on 04.04.2017 and 06.06.2017 to that effect, but in vain. Hence, they filed the present writ petition.

3.

Learned Standing Counsel appearing for the Greater Hyderabad Municipal Corporation submitted that the survey can be conducted and boundaries can be fixed to the subject property with the help of the revenue officials.

4.

Considering the facts and circumstances of the case and the submission of the learned Standing Counsel, respondent Nos.2

and 3 are hereby directed to pass appropriate orders on the representations, dated 04.04.2017 and 06.06.2017, of the petitioners for surveying the lands in question and fixing the boundaries if the request of the petitioners is in accordance with law and if necessary, respondent Nos.2 and 3 can seek the assistance of the revenue officials. The petitioners are directed to pay the required fee for the said purpose.

5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 27.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.19464 OF 2017 Date: 27.06.2017 AMD