Bijender Singh Pathak v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.47848 of 2018 ORDER:

The prayer of the petitioners in this case reads as under: 'For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue a writ of Mandamus declaring action of the Respondents 6 & 7 in not taking action on the petitioner's representation dt.18.10.2018 to conduct survey and identify the petitioner's properties located at 1) Plot bearing No.123, admeasuring 300 Sq. Yards or 250.83 sq. Meters situated at Sy.Nos.174, 176, 177, 182, 183, 189, 186, 188 and 199, Sri Durga Enclave SLNs Real Estate, Phase-I Chinna Kandukur Village, Yadagirigutta Mandal, Nalgonda District, Telangana and 2) Plot bearing No.151, admeasuring 200 Sq. Yards of 167.22 Sq. Mtrs in Sy.No.11/13, situated at GP Block No.

15, Kolanpaka Village, Alair Mandal, Yadagiri Bhuanagiri District, Telangana as illegal arbitrary, violatie of principles of natural justice and also violative of Art.21 of the Constitution of India and to pass such other order or further orders may deem fit and proper in the circumstances of the case' Perusal of the record however reflects that the petitioner merely made a written application on 18.10.2018 seeking a survey of the property in question and fixation of boundaries. This is not in accordance with the procedure prescribed, which requires the petitioner to submit an on-line petition along with requisite fee, if he wants the revenue authorities to undertake survey and fixation of boundaries.

In that view of the matter, the petitioner cannot complain of inaction on the part of the revenue authorities having failed to abide by the due procedure.

The writ petition is accordingly dismissed leaving it open to the petitioner to submit an application under the prescribed format along with requisite fee if he wants survey and fixation of boundaries to be undertaken by the revenue authorities in relation to the land in question. Needless to state, the petitioner would have to submit all the required documentation in support of his lawful claim for such survey. Pending miscellaneous petitions, if any, shall stand dismissed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 4th February, 2019 Kvsn