High Court for State of TelanganaWP/34654/2016disposed of no costs

Dr.K.Rajendra Prasad, v. The State Of Andhra Praedsh,

2016-10-17C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 34654 of 2016 ORDER:

1) Heard learned counsel for the petitioner and Government Pleader for Revenue. There is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate the issue on merits.

2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in not taking action on the complaint made by the petitioner on 24.09.2016 as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Survey and Boundaries Act; and consequently direct the respondents 3 to 5 to conduct survey and fix boundaries in respect of land to an extent of Ac.16.00 cents in R.S.No.327/ 11 (Old BS No.342) of Pidimgoyya Grampanchayat, Rajamahendravaram Rural, East Godavari District, as per the directions of the 2nd respondent in Lr.Dis.No.D6/ 3271/ 2015, dated 23.07.2015.

3) Though various grounds are raised, learned counsel for the petitioner restricts his prayer seeking a direction to the Tahsildar4th respondent to conduct survey in accordance with law. 4) Government Pleader for Revenue submits that already notice was issued by the Mandal Surveyor vide Ref.B.608/ 2016, dated 28.09.2016 for conducting survey and according to him the survey must have been conducted by now.

5) Having regard to the circumstances stated above and taking into consideration the request made by the learned counsel for the petitioner, the present writ petition is disposed of directing the Tahsildar-4th respondent to conduct survey with the help of Mandal Surveyor or if any authority competent, in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of the order, after giving notice of such survey to the writ petitioner and other persons affected for the said survey, if not already done. It is needless to mention that the petitioner shall co-operate with the said survey. There shall be no order as to costs.

6) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 17.10.2016 gkv