Mir Jaffar Ali Khan v. State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 34529 of 2018 ORDER:

1) Heard learned counsel for the petitioners and learned Government Pleader for Revenue. With the consent of both the parties, the Writ Petition is disposed of at the admission stage itself.

2) The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the action of respondent No.3 in not conducting survey and demarcation of the land in Survey Nos.329/AA and 329/EE, situated at Neredment, Malkajgiri village, Malkajgiri mandal, Medchal - Malkajgiri district, on the application of the petitioners dated 20.08.2018, as illegal and arbitrary.

3) Learned Government Pleader for revenue would submit that the area of the land, where survey is sought to be conducted is a house site and as such the Tahsildar concerned is not the competent authority to conduct survey. Hence, the authorities to whom the representation is made, are not competent to deal with the said representation. 4) On the other hand, learned counsel for the petitioners would submit that the land cannot be treated as house site plot. But however, the petitioners submit that the representation addressed to respondent No.3 may be directed

to be disposed of by the concerned authorities, at the earliest.

5) Having regard to the above, the Writ Petition is disposed of directing the Tahsildar concerned, to deal with the application made by the petitioners seeking survey and demarcation of the land referred to above, only in case it is a house site plot.

6) Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. _______________________________ JUSTICE C. PRAVEEN KUMAR 26.09.2018 vhb