High Court for State of TelanganaWP/9541/2015disposed of no costs

A.G.Goverdhan, v. The State Of Telangana,

2015-04-07Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM Writ Petition No.9541 of 2015 ORDER:

The petitioners claim rights over Ac.4-12 guntas of land in Sy.Nos.218 and 230 of Sarangapur Village Shivar, Nizamabad Mandal and District. Their grievance is that the respondents 2 and 3 are taking steps to survey the land without notice to them and are attempting to change the boundaries. Heard the learned counsel for the petitioners and learned Government Pleader for Revenue.

The A.P. Survey and Boundaries Act, and the Rules made thereunder prescribe the procedure to be followed whenever a survey is to be conducted. The 2nd respondent and his subordinates are under obligation to issue notice to the owners of the land in the neighbourhood, whenever a land in any survey number is proposed to be surveyed. Even if the petitioners did not receive any notice in the survey, either in their land or in their neighbourhood, they can make a representation. It is needless to mention that the result of survey, by itself, does not result in change of possession.

Hence, the writ petition is disposed of with a direction to the respondents 2 and 3 to issue notice to the petitioners, and to take the same into account before any final order is passed regarding the survey of the land. The writ petition is accordingly disposed of.

The miscellaneous petition filed in the writ petition shall also stand disposed of. There shall be no order as to costs.

__________________________ CHALLA KODANDA RAM, J.

Dt.07-04-2015.