R Veeraiah v. The State Of Telangana And 3 Others
Date: 28.10.2019 Between :
R.Veeraiah Petitioner And State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad & others.
Respondents This court made the following :
ORDER :
Heard learned counsel for petitioner and the learned Government Pleader for Revenue.
2.
Petitioner claims that he is the owner and possessor of plot admeasuring 560 sq.yards in Survey No.124 of New Nagole Colony, Nagole village, Medchal district by virtue of Memorandum of Partition dated 31.5.1982 and in the said property, petitioner claims to be running diary farm for the past 30 years. According to petitioner, when he made application for survey and for issuance of patta in his name, he came to know that the Government declared the said land as Government land and also erected a sign board stating that it is a Government land. This writ petition is filed seeking directions to respondents to remove the said sign board.
3.
On instructions, the learned Assistant Government Pleader appearing for Respondents submits that the land in Survey No.135 is a Government land and in order to protect the land from the encroachers, a sign board was erected in the said land, but the petitioner is claiming the said land as his private patta land. 4.
It appears that survey was not conducted in the presence of petitioner. While the Government is claiming the subject land falls in Sy.No.135, whereas petitioner claims that the said land falls in Sy.No.124. It is desirable that a survey has to be conducted in the presence of petitioner in order to identify the land in Survey No.124 and Survey No.135. Thus, the Assistant Director, Survey
and Land Records, Medchal district shall conduct survey and demarcate the land in Survey No.124 and to identify and demarcate the land in Survey No.135 claimed to be belonging to Government in the presence of petitioner by giving him notice in advance as to on which date survey is scheduled to be conducted and petitioner shall appear and participate in the said survey. The survey shall be video recorded and be kept in the office of 3rd respondent-Revenue Divisional Officer and the 3rd respondent shall take consequential steps. If it is found that the land claimed by the petitioner declared to be his private patta land, then the sign board of the Government shall be removed and if the subject land declared to be Government land, then the petitioner shall voluntarily remove all his belongings from the said land. 5.
The writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. __________________ P.NAVEEN RAO,J Date: 28.10.2019 Note:
Office to mark copy of this order to the Assistant Director, Survey and Land Records, Medchal district.
(b/o) DA
28.10.2019