Smt. Barmvatu Roja v. The State Of Andhra Pradesh, Rep., By Its Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 17338 of 2016 Date: 17.06.2016 Between:

Smt. Barmvatu Roja & others.

... Petitioners And The State of A.P., rep., by its Secretary, Department of Revenue, Hyderabad & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 17338 of 2016 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the petitioners and learned Advocates General for the States of Telangana and Andhra Pradesh.

The petitioners, in the instant writ petition, seek the following relief:

"For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate writ or order, orders or directions more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent authorities in conducting joint survey and refixing the boundaries between the Survey No. 32 of Narikampadu Village, Gampalagudem Mandal, Krishna District, Andhra Pradesh and Survey No.

290 of Guntupalli Gopavaram, Yerrupalem Mandal, Khammam District, Telangana State as illegal, arbitrary, biased, unconstitutional, against the principles of natural justice and violative of the right to property and life guaranteed under the Constitution of India and consequently direct the official respondent authorities to conduct the joint survey and re-fix the boundaries between the Survey No. 32 of Narikampadu Village, Gampalagudem Mandal, Krishna District, Andhra Pradesh and Survey No. 290 of Guntupalli Gopavaram, Yerrupalem Mandal, Khammam District, Telangana State and to pass such other order or orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Sri M. Kishore Babu, learned counsel for the petitioners, at the outset, invited our attention to letters, dated 19.08.2015 and

29.02.2012 (Annexures P7 and P8) and submitted that the petitioners would be satisfied if the joint inspection/survey is conducted.

Learned Advocates General for the States of Telangana and Andhra Pradesh state that directions may be issued to Assistant Director, Survey and Land Records of Khammam and Assistant Director, Survey and Land Records of Krishna District, Machilipatnam, to conduct the joint inspection/survey within time frame. They submit that they will inform these officers to conduct joint survey within the time stipulated by this Court. In view of the submissions made by learned Advocates General, learned counsel for the petitioners prays for such directions and disposal of the writ petition. Hence, we dispose of this writ petition by the following order:

"The Assistant Director, Survey and Land Records, Krishna District, Machilipatnam, State of Andhra Pradesh, and the Assistant Director, Survey and Land Records, Khammam District, State of Telangana, shall conduct joint inspection/survey of the lands, as prayed for in the writ petition, within a period of four weeks from today. Petitioners are directed to communicate this order to these officers within a period of one week from today along with copy of the writ petition and its annexures for their ready reference and record. Both these officers shall survey/inspect the land in the presence of the petitioners or their representative and furnish their report, either separate or joint, to the petitioners and to the District Collectors of Krishna District in State of Andhra Pradesh and Khammam District in State of Telangana."

Miscellaneous petitions, if any, shall also stand disposed of.

_______________________ DILIP B.BHOSALE, ACJ ____________________​__ P.

NAVEEN RAO, J Date: 17.06.2016 ES Note: Issue C.C. by tomorrow.