Nune Ram Babu v. State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.26109 of 2015 BETWEEN Nune Ram Babu and others.

... PETITIONERS AND State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 25.08.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioners have filed application for demarcation and survey of land in Sy.Nos.83 and 84 in an extent of Ac.19.30 guntas of Medipally Shivar, Varni Mandal, Nizamabad District.

2. The third respondent has examined the report of the Mandal Surveyor that the land is covered by thick forest and survey may not be possible and under his impugned memo dated 06.08.2015 advised the petitioners to approach the Deputy Inspector of Survey of Bodhan Division and also Forest Department for joint demarcation of their lands.

3. In the said memo, there is a sentence written that the sub division of the aforesaid survey numbers was not prepared at the time of assignment. Petitioner strongly disputes the said statement on the ground that the lands are not assigned lands at all and only to that extent, they have filed the present writ petition.

4. I do not think that the said one sentence amounts to adjudication of any issue as to the nature of the land, as the memo was merely issued to the petitioners to enable joint survey of the lands, as sought for by them. It is open for the petitioners to approach the Deputy Inspector of Survey, Bodhan Division and the Forest Department, as mentioned in the said memo and seek a joint survey. The other issues raised in the writ petition do not arise for consideration, as no order affecting the rights of the petitioners is passed by the third respondent. Petitioners are at liberty to approach the aforesaid authorities in terms of the impugned memo and request for joint survey and if such an application is received, the fourth respondent as well as concerned authority of the Forest Department shall consider the said application expeditiously.

The writ petition is disposed of. As a sequel, the miscellaneous

applications, if any, shall stand closed. There shall be no order as to costs. ______________________ VILAS V. AFZULPURKAR, J August 25, 2015 DSK