Mohammed Hamid Iqbal v. The Government Of Telangana,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.33427 OF 2014 ORDER:

The writ petition is filed complaining about the alleged inaction on the part of the respondents 2 and 3 in disposing of the representation dated 26.09.2014, of the petitioner. The petitioner is aggrieved with the endorsement dated 12.05.2010 more particularly with the sketch map enclosed to the said endorsement issued by the respondents 2 and 3. A notice was issued to the respondents particularly to clarify as to under what authority, the Mandal Surveyor has issued the sketch map in respect of a private property.

A counter-affidavit has been filed by the Tahsildar, Bandlaguda Mandal categorically denying any sketch as alleged by the petitioner has been issued. It is also stated that there is no authority for the Mandal Surveyor to issue such kind of sketches. The categorical assertion of the 3rd respondent is under:

"6. It is to submit that the house bearing No.18-1-404, admeasuring 1008.72 sq. mts situated at Keshavagiri, Chandrayangutta Main Road, claimed by Sri Mohd. Abdul Hameed & another was found forming part of 4949.00 sq. mts in TS No.2, Block-D, Ward 267 of Bandlaguda (Vg). Since it was not the Govt., land for which the NOC was issued by the Joint Collector, Hyderabad, vide Endt. No.N1/5999/2009, dt.12.5.2010 to the Commissioner, GHMC, Hyderabad. The alleged sketch was prepared by the Mandal Surveyor on the request of the third party as his private work and which does not any way create to any interest. As such no clarification can be made out of that sketch."

In the light of the categorical assertion of the official respondents and to allay the fears of the petitioner, it is made clear that the alleged sketch shall not be used in any manner in any proceedings

either in favour or against the petitioner.

Further, in the light of categorical assertion of the 3rd respondent that the Mandal Surveyor is not authorized to issue any such sketch maps and considering the fact that the sketch map is signed by the Mandal Surveyor, Bandalaguda and has been endorsed with the seal of the Government of Telangana, Bandalaguda, the 2nd respondent shall initiate necessary disciplinary action, in accordance with law, against the Mandal Surveyor, Bandalaguda who issued the sketch. With the above observations, the writ petition is disposed of. No order as to costs. Miscellaneous Petitions, if any pending in this writ petition shall stand closed.

____________________________ CHALLA KODANDA RAM,J Date:06.03.2015.

Gk.

HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.33427 OF 2014 Date:06.03.2015 Gk