Smt.Chintalapally Manjula v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * W.P.No.15637 of 2011 Between:

Chintalapally Manjula .. Petitioner and The Assistant Director, Survey & Lands Records, Mahabubnagar and another.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 03.8.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P.No.15637 of 2011

ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Revenue (Telangana State) appearing for the respondents.

2. With the consent of both the parties, the Writ Petition is disposed of at the admission stage itself.

3. The writ petition is filed seeking to issue a writ of Mandamus to declare the action of the respondents in not considering the representation, dated 13.5.2011, of the petitioner submitted for effecting subdivision of Sy.Nos.750, 759 and 761 at Mekaguda Village, Kothur Mandal, Mahabubnagar District as illegal, arbitrary, contrary to law and against the circular issued by the Commissioner of Survey, Settlements and Land Records; and consequently, to direct the respondents to consider the case of the petitioner for subdivision of the above mentioned land and assign subdivisions to the land of the petitioner in the said survey numbers.

4. The petitioner claims herself to be the owner of the land in the above mentioned survey numbers by virtue of registered gift settlement deeds, dated 24.11.2008 and 29.1.2005. Since the date of execution of the gift settlement deeds, the petitioner claims herself to be in possession of the said property and she raised boundary walls to her property. Since the land in the above survey numbers is a vacant land, there is interference from the other shareholders. Hence, after paying requisite fee to the Government, the petitioner made a representation on 13.5.2011 to the respondents for subdivision of the said property. The action of the respondents in not considering the said representation of the petitioner led to filing of the present writ petition.

5. Without going into the merits of the case and having regard to the facts and circumstances of the case, the Writ Petition is disposed of by directing the respondents to conduct the subdivision of land in Sy.Nos.750, 759 and 761 at Mekaguda Village, Kothur Mandal, Mahabubnagar District as per the revenue records and also in terms of the Circular, dated 13.7.2007, issued by the Commissioner of Survey, Settlements and Land Records, Andhra Pradesh, Hyderabad and also as per the guidelines issued by the Commissioner and Director of Settlements, Survey & Land Records, Hyderabad vide D.O.Rc.No.N1/4296/2012, dated 22.8.2012, within a period of eight (8) weeks from the date of receipt of a copy of this order, in accordance with law. There shall be no order as to costs.

6. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_______________________________ JUSTICE C.PRAVEEN KUMAR Date: 03.8.2015 AMD THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

W.P.No.15637 of 2011 DATE: 03.08.2015 AMD