Mutyala Satyanarayana, v. The State Of Telangana

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.24980 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the third respondent to conduct the survey and fix the boundaries for petitioner's lands situated in survey Nos.194(a) of Viswanadhapalli village, Singareni Mandal, Kothagudem Revenue Division, Khammam District, before implementing the MISSION KAKATIYA Scheme.

2. It is the case of the petitioner that he purchased an extent of Acs.11.20 guntas of land in survey No.194 of Viswanadhapalli village, Singareni Mandal, Khammam District. On the west of the petitioner's land there is a water body by name "Betalam Cheru" spread over Acs.20.00 in survey Nos.194 and 264. The apprehension of the petitioner is that the third respondent, without conducting any survey and without issuing any notification, may take possession of petitioner's land.

3. At the time of the arguments, learned counsel for petitioner, learned Government Pleader for Revenue (Telangana) appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Irrigation and Command Area Development (Telangana) appearing for respondent No.4, in one voice, submitted that the issue involved in this writ petition is squarely covered by the order of this court in W.P.No.10683 of 2016, dated 31.3.2016. After perusing the copy of the order in W.P. No.10683 of 2016, which is annexed to the present writ petition, this court is inclined to dispose of the present writ petition in terms of the order in the said writ petition.

4. Having regard to the facts and circumstances of the case, the third respondent is directed to cause survey for demarcating the land of the petitioner after collecting necessary charges therefor within a period of eight weeks from the date of receipt of a copy of this order,

after issuing notice to the petitioner and other affected parties and communicate the decision to the petitioner. Till such exercise is completed, further work in Mission Kakatiya Project by respondent Nos.4 and 5 shall not be taken up.

5. Accordingly, the writ petition is allowed. Miscellaneous petitions, if any pending in this writ petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J July 29, 2016.

NOTE:

Dispatch order copy by 03.8.2016.

(By order) YS