Devulapally Swaroopa v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.35098 OF 2016 ORDER:

This Writ Petition is filed by the petitioner by invoking Article 226 of the Constitution of India seeking to declare the action of respondents 5 to 7 in interfering with the peaceful possession and enjoyment of the petitioner in respect of open house plot in survey No.240 of Enumamula Village, Warangal Urban Mandal, admeasuring 285.50 sq.yards as illegal and arbitrary. Heard the learned counsel for the petitioner and the learned Asst. Government Pleader for Revenue (AP). With their consent, the Writ Petition is disposed of at the stage of admission itself. There is no necessity to put respondents 8 to 10 on notice as this Court is not venturing to adjudicate the issue on merits. Learned counsel for the petitioner mainly submits that though the petitioner made a representation on 13.10.2016 requesting respondents 5 and 6 to consider his request to restrain the surveyor from demarcating the subject land in view of pending civil disputes, no action is taken thereon. Hence, the present writ petition.

Learned Assistant Government Pleader submits that question of survey in respect of an individual plot would not arise as survey is conducted in respect of the entire land in a particular survey number.

Having regard to the statement of the learned Assistant Government Pleader, the apprehension of the petitioner that the respondents authorities are trying to interfere with her possession under the guise of survey appears to be ill-founded. However, it is needless to mention that any interference by any authority shall only be in accordance with law.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending in this writ petition, if any, shall stand closed.

________________________ C. PRAVEEN KUMAR, J Date: 19.10.2016 sur