High Court for State of TelanganaWP/33158/2012disposed of no costs

Jileella Sudhakar Rao, v. The Revenue Divisional Officer,

2015-11-03C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.33158 of 2012 ORDER:

Heard learned counsel for the petitioner and the Government Pleader for Revenue. With the consent of both the parties, the writ petition being heard at the admission stage itself.

The present writ petition came to be filed seeking issuance of writ of mandamus, declaring the action of the respondents in not conducting the survey and fixing the boundaries in respect of land admeasuring Ac.0.08 cents situated in Sy.No.487/7 of Alamuru Village, as illegal, improper, arbitrary and violatives of provisions of Andhra Pradesh Survey and Boundaries Act, 1923. The averments in the affidavit filed in support of the writ petition are as under:

The petitioner claims to be the owner and possessor of land admeasuring Ac.0.08 cents situated in Sy.No.487/7 of Alamuru Village. According to him, the property originally belongs to his father by name Jillella Venkataratnam and subsequently by virtue of a will, dated 27.11.2006, the property devolved upon to him. Since then he has been enjoying the same. It is stated that the petitioner made a representation for conducting survey of the land by paying the necessary fees. It is said that in spite of payment of necessary fees, the respondents failed to conduct survey of the land. It is stated that on 16.07.2012 a representation was made to the Tahsildar, Alamuru, seeking survey and fixation of boundaries in respect of the said land, but their inaction lead to filing of this writ petition.

At the time when the matter is taken up for hearing, the Government Pleader for Revenue submits that he has no objection for conducting survey if all the conditions are satisfied.

Without going into the merits of the case and having regard to the circumstances stated above, the writ petition is disposed of directing the Tahsildar, Alamuru/second respondent to conduct survey and fix the

boundaries in respect of land admeasuring Ac.0.08 cents situated in Sy.No.487/7 of Alamuru Village, in accordance with law and on fulfilling all the necessary requirements, within a period of eight (08) weeks from the date of receipt of a copy of the order. No order as to costs. Miscellaneous Petition, if any, pending in this writ petition, shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 03.11.2015 gkv