C. Siddhartha Reddy v. The State Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY ,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO:23217 OF 2020 Between:
C. Siddhartha Reddy, S/o. C. PrataP Business, R/o. Dushkal, Shamshabad, Ra Reddy, Aged about 30 years, Occ.
nga Reddy District.
...PETITIONER AND
1. The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Ranga Reddy District.
3. The Tahsildar, Farooqnagar Mandal, Ranga Reddy District. .,,RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering and disposing of the application of the petitioner vide No. DER022000548B44, dated 20-08-2020, for conducting of survey of the petitioners land in Survey No. 7712, admeasuring 6-00 acres, situated at Kammadanam Village, Farooqnagar l\/andal, Ranga Reddy District' as being arbitrary, unreasonable, violative of Articles 21 and 300-A of the Constitution and also contrary to the law laid down by this Hon'ble High court and issue a consequential direction directing the respondents to forthwith consider the application and conduct the survey of petitioners land.
lA NO: 1 OF 2020 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to consider and dispose of the Application of the petitioner vide No. DER022000548844, dated 20-08'2020, for conducting of survey of the petitioners land in Survey No.77t2, admeasuring 6-00 acres, situated at Kammadanam Village, Farooqnagar Mandal, Ranga Reddy District, pending disposal of the writ petition. Counsel for the Petitioner:SRl. A GIRIDHAR RAO Counsel for the Respondents: AGP FOR REVENUE The Court made the following:
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION No.23217 of 2O2O ORDERT Aggrieved by the inaction of respondents in conducting survey of the subject land belonging to the petitioner and demarcating the land in spite of submitting application by the petitioner, the present Writ petition is filed. 2, With the consent of both the parties, the present Writ Petition is disposed of at the admission stage itself. 3.
The learned counsel appearing for the petitioner has contended that the matter is squarely covered by the common order, dated 28.04.20t6, passed by this Court in W.p.No.4811 of 2011 and batch. Therefore, the Writ petition may be allowed in terms of the above referred common order.
4. The learned Assistant Government pleader for Revenue appearing for the respondents has fairly conceded that the common order of the learned single Judge passed in W.P.No.4B11 of 2011 and batch, dated 28.04.2016, covers the /rs in q uestion.
5.
A reading of the common order, dated 28.04.2016, passed in W.P.No.4811 of 2011 and batch, reveals that this Court while dealing with the issue in question and taking into consideration the Circulars issued by the Commissioner, Survey, Settlements and Land Records, has held as under:
"23, In view of the above facts and circumstances, the writ petitions are disposed of directing the respondentauthorities 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.N2/1741l 2010, dated 18.05.2010 and also in terms of the judgment in W.A.No.618 of 2013 and also keeping ln 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 a bove. "
5.
In view of the above, the present Writ petition is disposed of in terms of the common order, dated 28.04.2016, passed in W.P.No.4B11 of 2011 and batch. The above said exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.
Miscellaneous Petitions, if any, pending in this Writ petition shall stand closed. There shall be no order as to costs. SD/.L.LAKSHMI BAB ASSISTANT REGIS //TRUE COPY'
SECTI N OFFICER To, 'l . The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
2. The District Collector, Ranga Reddy District.
3. The Tahsildar, Farooqnagar Manddl, Ranoa Reddv District.
4. One CC to Sri. A. Giridhar Rao, AdvocatelOpUCt5. Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT]
6. Two CD Copies.
PMX:-
HIGH COURT DATED:2411212020 14 14:
S e t{ e o,J 05 JAN 2021 a * P,ATC * oEs
ORDER
r-.- WP.No.23217 of 2020 Disposing of the WP Without costs.
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