The Vinayakanagar (Hal) Mutually Aided Cooperative Housing Society Ltd v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.48053 of 2018 ORDER:

The prayer of the petitioner-society in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ, Order or direction preferably, one in the nature of Writ of Mandamus declaring the action of the respondents in not conducting the survey in terms of the representations of the petitioner dt. 21.11.2018 and 10.12.2018 submitted that to the 4th respondent and 3rd respondent respectively in respect of the land situate in Sy.

36/A, 36/Aa, 36/E and 36/24, Gopannapally Village, Serilingampally Mandal, Ranga Reddy District as illegal, arbitrary and contrary to law and violative of Articles 14 and 300-A of the Constitution of India by setting aside the said action and consequently, direct the respondents to forthwith conduct survey in respect of the land situate in Sy.No.36/A, 36/Aa, 36/E and 36/24 of Gopannapally Village, Serilingampally Mandal, Ranga Reddy District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.' Learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that the request of the petitionersociety for conducting a survey was turned down by the Deputy Collector & Tahsildar, Serilingampally Mandal, Ranga Reddy District, under Memo dated 27.11.

2018. A copy of the said Memo is placed on record. In the light of this development, the cause in this writ petition does not survive for consideration. In the event the petitioner-society is aggrieved by the rejection of its request for conducting a survey under Memo dated 27.11.2018, it would have to take independent steps for challenging the said Memo in accordance with law.

Leaving it open to the petitioner-society to do so, the writ petition is dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR Date:14.02.2019 GJ