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High Court for State of TelanganaWP/39442/2022disposed of no costs

Pamu Nageshwari v. The State Of Telangana And 5 Others

2022-10-27K.Lakshman4 pages

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.39442 of 2022 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 2.

This Writ Petition is filed to declare the action of the 2nd respondent for not considering the representation dated 01.08.2022 made by the petitioner seeking to conduct survey to redress the village boundary dispute surrounding the Pratap Singaraya Temple between Thangallapally Village and the 6th respondent Village and consequently direct the 2nd and 3rd respondent to conduct survey in government land situated in Sy.Nos.619 of Thangalapally Village and 325 of Kurella Village and fix the boundaries by deciding the position of the Pratap Singaraya Temple and safeguard the interest of the petitioner.

3.

The petitioner herein had submitted written representation dated 07.12.2021 to the 3rd respondent with a request to conduct survey and fix the boundaries

in respect of land in Sy.No.638 of Tangallapalli Village and Mandal, Siddipet District. Vide intimation dated 21.01.2022, the Joint Director (Survey) informed the petitioner to approach 2nd respondent for redressal of Village Boundary Dispute.

4.

As per CCLA Circular No.1/2021, dated 15.01.2021, the petitioner herein has to make F-line application to the 2nd respondent with a request to conduct survey.

But, she had submitted written representation dated 07.12.2021 to the 3rd respondent. Therefore, Joint Director (Survey) rightly informed the petitioner to approach the 2nd respondent by way of submitting F-line application. There is no error in it. 5.

Whereas, learned Assistant Government Pleader for Revenue, on instructions would submit that the 2nd respondent will consider the same in accordance with law.

6.

In view of the aforesaid discussion, this Writ Petition is disposed of granting liberty to the petitioner to

submit F-line application to the 2nd respondent in terms of aforesaid circular dated 15.01.2021 and on receipt of said F-line application, the 2nd respondent shall consider the same, conduct survey in accordance with law by putting the petitioner and all effected parties on notice and affording them an opportunity of hearing. If, the 2nd respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass a reasoned order, communicate copy of the said order to the petitioner and complete the said exercise within 45 days from the date of receipt of the said F-line application. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. ___________________ K. LAKSHMAN, J October 27, 2022 SSY

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.39442 of 2022 October 27, 2022 SSY