M/S. Peers Constructions v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21258 OF 2019 Date:16.10.2019 Between:

M/s. Peera Constructions, a Partnership Firm, rep., by its Managing Partners, Aslam Bin Mohammed, S/o. Mohammed Bin Salam, R/o.H.No.9-4-86/46 (P), 47, 48, Serene Abode Building, Salarjung Colony, Hyderabad .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21258 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue for respondents 1 to 5. 2.

Aggrieved by conducting of survey and fixing the boundaries to Survey No.175 (Old) (418 New) of Shaikpet Village, petitioner preferred appeal on 12.07.2018 addressed to the Regional Deputy Director. Alleging inaction on the appeal preferred by the petitioner, this Writ Petition is filed.

3.

Petitioner also submitted representations to the Deputy Chief Minister and the same were forwarded to the Commissioner, Survey, Settlements and Land Records.

4.

Learned counsel for the petitioner sought to contend that in view of the orders passed by this Court in W.P.No.43914 of 2016, the Deputy Director, Survey and Land Records, was to conduct survey and therefore on the grievance of improper conducting of survey, the petitioner has submitted representations to the Deputy Chief Minister. The Deputy Chief Minister referred the representations to the Commissioner and he alone has to consider the appeal.

5.

However, the fact remains that the survey was conducted by the Inspector of Survey. Therefore, against the order of Inspector of Survey, appeal shall lie to the Deputy Director, Survey and Land Records. Whereas, appeal was preferred to the Regional Deputy

Director and no representation to the Deputy Chief Minister and to the Commissioner is maintainable.

6.

Having regard to this position, learned counsel for the petitioner and learned Government Pleader for Revenue agree for disposal of the Writ Petition with the following directions: i) The appeal filed before the Regional Deputy Director, Survey, Settlement and Land Records, the 3rd respondent, be transmitted to the Deputy Director of Survey, Settlement and Land Records, Nampally, Hyderabad.

ii) The 3rd respondent shall transmit the appeal within two weeks from the date of receipt of a copy of this order.

iii) On receipt of the appeal, the Deputy Director shall issue notice to all the parties and finalize the proceedings within a period of six weeks thereafter. Pending miscellaneous petitions, if any, shall stand closed. _____________________ P. NAVEEN RAO, J Date:16.10.2019 KH