M. Balatripura Sundari, v. The Tahsildar (Urban)

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:

M. Balatripura Sundari .. Petitioner and The Tahsildar (Urban), Tirupati, Chittoor District and another .. Respondents DATE OF JUDGMENT PRONOUNCED: 24.07.2015 SUBMITTED FOR APPROVAL:

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?

ORDER:- Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.

The present writ petition came to be filed seeking a writ of mandamus declaring the action of the respondents in not conducting survey of the petitioner's land in Survey No.471 situated at Tirupati Town and Mandal, Chittoor District, as illegal and arbitrary.

The learned Government Pleader for Revenue submits that on 28.05.2011, the 2nd respondent conducted survey of the land belonging to the petitioner, after giving a notice vide F.L.R.No.69/11 dated 24.05.2011.

On the other hand, learned counsel for the petitioner submits that pursuant to the notice dated 24.05.2011 issued by the 2nd respondent, the petitioner proceeded to her land on 28.05.2011, but the 2nd respondent did not attend the survey and measure the land. He further submits that if the survey as alleged to have been conducted by the 2nd respondent is accepted, the petitioner will be put to great prejudice.

Having regard to the circumstances stated above, the petitioner is directed to make a fresh application to the 1st respondent for re-survey of her land by paying the necessary fee within two weeks from today and in such an event the 1st respondent shall conduct re-survey of the land of the petitioner, in accordance with law, after giving a notice to the petitioner, within a period of eight (8) weeks from the date of receipt of the representation from the petitioner.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.

__________________ C. PRAVEEN KUMAR, J 24th July, 2015 cbs

24th July, 2015 cbs