Koli Shivakanth v. The State Of Telangana, And 5 Others
HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:
Koli Shivakanth s/o. Kailasgiri, Aged about 40 yrs, Occu: Agriculture, R/o. Baswapur village, Kotagiri Mandal, Nizamabad district.
.....Petitioner and The State of Telangana, rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others.
.....Respondents The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:
Petitioner contends that his father was assigned Ac.1.00 guntas of land in Sy.No.21/AA/8 of Adkashpally village, Kotagiri Mandal of Bodhan Division, Nizamabad district, having Patta No.A5/5907. He was also issued pattadar pass books and title deeds. As the land was not cultivable and to eke-out their livelihood, petitioner's family claimed to have migrated to Maharastra and Karnataka in the year 2001 and doing daily coolie work. It is alleged that in their absence, Yeramati Tata Rao Choudary, who is their neighbour, occupied their land to an extent of Ac.0.20 guntas. Though several representations were made to restore possession, there is no response. To identify the land assigned to the father of petitioner, application was made to conduct survey. Though from time to time notices were issued, but so far survey is not conducted. On 11.11.2019, petitioner made fresh application to conduct survey. 2.
It is seen from the material on record that earlier survey was ordered by the Assistant Director, and the Deputy Inspector of Survey, whereas according to the scheme evolved by the Government, survey has to be conducted by the Mandal Surveyor as per the directions of the Tahsildar.
3.
Be that as it may, since application was made on 11.11.2019, without expressing any opinion on merits, Writ Petition is disposed of, directing the Tahsildar (3rd respondent) to act upon the said application for conducting of survey and if survey can be conducted, to take steps as requested. Pending miscellaneous petitions shall stand closed. ___________________________ JUSTICE P.NAVEEN RAO kkm
HON'BLE SRI JUSTICE P.NAVEEN RAO kkm