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High Court for State of TelanganaWP/22547/2019dismissed no costs

Pashya Mangamma And Another v. The State Of Telangana And 3 Others

2019-10-17P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 17.10.2019 Between:

Pashya Mangamma, w/o. Ramireddy, 56 years, Occu: Agrl. r/o. H.No.6-12, Huzurnagar town & Mandal, Suryapet District, T.S.

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Revenue Department, Secretariat, Saifabad, Hyderabad, T.S., and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioners claim that they are the owners of the land to an extent of Ac.7.17 guntas in Sy.Nos.286, 287, 288 and 289 of Huzurnagar Revenue village and Mandal, Suryapet district. Petitioners claim that they have applied for conducting of survey in the above survey numbers and in terms thereof, survey was conducted on 24.04.2019. While conducting survey, some of the land owners are not cooperating and opposing conducting of survey. Accordingly, survey report was submitted by the Deputy Inspector of Survey to the Assistant Director, Survey and Land Records, Suryapet district. This report was challenged in this Writ Petition.

2.

From the averments in paragraph-8 of the affidavit filed in support of the Writ Petition, it is apparent that adjacent land owners were opposing survey contending that petitioners are not in possession of the land in Sy.Nos.287, 288 and 289, but are in possession only in Sy.No.286. In other words, according to the said averments, it is alleged by neighbouring farmers that petitioners are not in possession of land in three other survey numbers, except Sy.No.286. If that being so, apparently there is inter se dispute regarding extent of land owned by the petitioners and physical possession of the land. According to the report submitted by the Deputy Inspector of Survey, the land was identified to an extent of Ac.0.15 guntas in Sy.No.287, and to an extent of Ac.4.25 guntas in Sy.No.286 as in possession of

petitioners. Thus, in all petitioners are stated to be in possession of Ac.5.00 guntas of land and, therefore, there appears to be a dispute with reference to balance extent of Ac.2.17 guntas. That being so, I see no illegality in the report submitted by the Deputy Inspector of Survey in the manner in which he has submitted and if there is inter se dispute, remedy is elsewhere. Thus, leaving it open to petitioners to work out their remedies as available in law, Writ Petition is dismissed. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 17.10.2019 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 17.10.2019 kkm