N.Srinivasa Rao v. State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY ,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 28628 OF 2022 Between:

N.Srinivasa Rao, S/o. N.Ranga Rao, Aged 58 years, Fl/o. Flat No. 1-56/aU208, Madinaguda, Behind Varun Motors, Hyderabad 500 049. ...PETITIONER AND

1. State of Telangana, Rep. by its Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad

2. The District Collector, Sangareddy District, Sangareddy

3. The Revenue Divisional Oflicer, Zaheerabad Mandal, Sangareddy District

4. The Tahasildar, Zaheerabad Mandal, Sangareddy District

5. The lVlandal Surveyor, Zaheerabad Mandal, Sangareddy 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 an order. direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ to declare the action of the Respondents in not conducting the survey of the Petitioner's land admeasuring Ac.a-31gti. in Sy. Nos. 102/E, situated at Govindapur Village. Zaheerabad Mandal, Sangareddy District, in terms of the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923, as adopted in the State of Telangana, as illegal, arbitrary and unjust and consequently direct the Respondents herein to conduct the survey of the Petitioner's land admeasuring Ac.4- 31gts. in Sy. Nos' I 02/E, situated at Govindapur Village. Zaheerabad Mandal, Sangareddy District, in pursuance of his survey appilcation No. DER022200752813, daled 17 -02-2022 I

oF 2022 lA NO: 1 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 herein to consider the representation of the Petitioner daled 17 to6t2o22 and also to direct the Respondents to complete the survey of the Petitioner's land admeasuring Ac.4-31gts. in Sy. Nos. 102/E, situated at Govindapur Village, Zaheerabad Mandal, Sangareddy District by fixing the prescribed period of time Counsel for the Petitioner :SRl. SAI PRASEN GUNDAVARAM Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER

) MSK,J 1V.P.NO.28628 0F 2022 assistance of police, the villagers have been objecting for conducting of survey that is initiated pursuant to the application of the petitioner and the same could not be completed.

5.

Taking into consideration the submissions made on either side, this Court is of the view that the respondents, having received the application of the petitioner and having initiated process for conducting survey pursuant to the said application, there is no justification for the respondents to postpone the same indefinitely on the ground that the villagers are objecting, as the petitioner is seeking survey of the land belonging to him but not the Iand belonging to third parties. For conducting any survey, they are entitled to submit their objections and the respondents are entitled to take into consideration the said objections and conclude the proceedings initiated pursuant to the application submitted by Lhe petitioner.

6.

Hence, this Writ Petition is disposed of directing the respondents 4 and 5 to conclude the proceedings of conducting survey pursuant to the F-line application submitted by the petitioner vide No.DERO222OO7528|3 dated 17.O2.2O22 ar:d pass appropriate orders therein within a period of six (6) weeks from the date of receipt of a copy of this order. I

MSK,J W.P.NO.28628 0F 2022 There shall be no order as to costs. Miscellaneous applications, if an1,, pending shall stand closed. SD/.N.RAJAGOPAL ASSISTANT REGISTRAR ;

SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Telangana Secretariat, State of Telangana Hyderabad

2. The District Collector, Sangareddy District, Sangareddy //TRUE COPY// \

3. The Revenue Divisional Officer, Zaheerabad Mandal, Sangareddy District

4. The Tahasildar, Zaheerabad Mandal, Sangareddy District

5. The Mandal Surveyor, Zaheerabad Mandal, Sangareddy District

6. One CC to SRl. SAI PRASEN GUNDAVARAM Advocate IOPUCI

7. Two CCsto GP FOR REVENUE (TG),High Courtforthe State of Telangana touTl B. Two CD Copies

9. One spare copy sw{ U

HIGH COURT DATED:1 110712022 ,6?*'"G\ 2 B Jl]l. 2[I2 Zo ,+ .,

ORDER

WP.No.28628 of 2022 DISPOSING OF THE WP WITHOUT COSTS.