V. Lakshmaiah v. The State Of Telangana
THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27972 OF 2019 Dated:17.12.2019 Between:
V. Lakshmaiah, S/o. Late Narayana, Aged 52 years, Occ: Agriculture, R/o. Begumpet, Rachalur, Kandukur Mandal, Ranga Reddy District and another .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:
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Heard learned counsel for the petitioners and learned Government Pleader for Revenue for respondents 1 to 5. 2.
Petitioners are challenging the notice dated 04.12.2019 issued by the Tahsildar, Kandukur Mandal, Ranga Reddy District, the 4th respondent, for conducting survey on an application filed by respondent No.6. From the reading of the averments made in the affidavit filed in support of the writ petition, it is apparent that respondent No.6 filed O.S.No.97 of 2014 in the Court of Junior Civil Judge, Maheswaram, in respect of land to an extent of Ac.1.20 guntas in Survey No.304 of Rayachur Village, Kandukur Mandal. Hence, decree was passed in favour of respondent No.6 and against the petitioners. Petitioners seem to have preferred A.S.No.214 of 2018 and the same is pending before the V Additional District Judge, Ranga Reddy District. 3.
It appears, no injunction is granted against the judgment and decree passed by the trial Court. Having regard to these facts, prima facie, I do not see any illegality in the survey exercise undertaken by the Tahsildar. If the petitioners have any objection in conducting survey, it is open to them to raise objections and if any decision is made by the Tahsildar, the petitioners can avail further remedies as available in law. Hence, this Court is not inclined to entertain the Writ Petition.
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The Writ Petition is accordingly dismissed granting liberty to the petitioners to avail appropriate remedies in accordance with law. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:17.12.2019 KH