P.Ramabrahmam v. The Tahsildar

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.16657 of 2011 ORDER:

The present writ petition is filed seeking a direction to the respondent (Tahsildar) to conduct survey and demarcate the petitioner's land admeasuring Ac.02-05 1⁄2 guntas situated in survey No.674 of Noothankal Village, Medchal Mandal, Ranga Reddy District by setting aside the memo dated 13-04-2011 as illegal and arbitrary. The averments in the petition are as under:

The petitioner claims himself to be the absolute owner and possessor of agricultural land admeasuring Ac.02-05 1⁄2 cents in survey No.674 of Noothankal Village, Medchal Mandal, Ranga Reddy District.

A pattadar passbook was also issued in his favour by the respondent. It is further averred that the petitioner made an application to the respondent to conduct survey and demarcate his land of the said survey number. But the respondent rejected his application on the ground that the 'part survey number tippons are not available. Hence, the writ petition.

A perusal of impugned memo show that the ground on which the request of the petitioner is rejected was that the part survey number tippons are not available in the office of Tahsildar, Medchal Mandal. At the time, when the matter is taken-up for hearing, the learned Government Pleader for Revenue placed on record the instructions dated 22-06-2011 received by him from the office of Tahsildar, Medchal Mandal, Ranga Reddy District, wherein, it is stated that the tippons of part survey number 674 of Noothankal village are not available in the office of Assistant Director (Survey & Land Records), Ranga Reddy District. Further the Assistant Director of Survey and Land Records, who is competent to furnish information was not made as a party to the proceedings.

Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the alternative remedy available under law by approaching the Assistant Director of Survey and Land Records or filing an appeal before the concerned against the order of the Tahsildar. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 01-07-2015 Nvl