LawSphereX

Dr.Alwala Rajeshwar Rao v. The State of Telangana and 2 Others

Court: High Court for State of Telangana

Bench: SHAMEEM AKTHER

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2020-12-15. Dr.Alwala Rajeshwar Rao v. The State of Telangana and 2 Others. Read the judgment and case...

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 17827 OF 2020 Between: Dr Alwala Rajeshwar Rao, S/o. Dr. A. Gnaneshwar Rao, Aged years, about 40 Occ. Doctor, R:/o. H. No. 19-5-103/9, Housing Board Colony, Baha-durpura, Hyderabad. ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Vikarabad District At Vikarabad. 3. The Tahsildar, Vikarabad Mandal, Vikarabad District. ... RESPONDENTS Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or direction, more partrcularly a writ of Mandamus directing the action of respondents more particularly that of respondent No.

3 in undertaking the survey on the applications of the petitioner without identifying or fixing of the boundaries of the land of the petitioner in Sy. No. 157/AA1 admeasuring Ac. 0-08 guntas, land in sy. No. 167/E admeasuring Ac. 0-32 guntas and land ln Sy. No. 167/EE admeasuring Ac. 0-38 guntas totally admeasuring Ac. 01-38 guntas situated at pulsumamidi village and Gram Panchayat, Vikarabad lvlandal, Ranga Reddy District now Vikarabad District ls challenged in this writ Petition as being arbitrary, illegal and vollative of Art. 14, t9(1)(g), 21 and 300-4 of constitution of lndia and consequenily direct the respondent No. 3 to get the land surveyed and particularly identify and demarcate the land of the petitioner in sy. No. 157lAA1 admeasuring Ac. o-08 guntas, land ln sy. No. i67lE admeasuring Ac. 0-32 guntas and land ln sy. No. 167/EE admeasuring Ac. 0-38 guntas totally admeasuring Ac.

01 -38 guntas lA NO: 1 OF 2020 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No. 3 to receive the application dated 25109/2020 and process it forthwith for the purpose of survey of land in Sy. No. 1 57lAA'1 admeasuring Ac. 0-0g guntas, land in sy. No. 167/E admeasuring Ac. 0-32 guntas and land in Sy. No. 167/EE admeasuring Ac. 0-38 guntas totally admeasuring Ac. 01-38 guntas situated pulsumamidi at Village and Gram Panchayat, Vikarabad tr/andal, Ranga Reddy District now Vikarabad District Counsel for the Petitioner: SRI K. SRINIVASAN Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION o. 17827 of 2O2O QBDEB: This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioner, wherein, the following prayer is made: "...

to issue a Writ or direction, more particularly a Writ of Mandamus directing the action of respondents more particularly that of respondent No. 3 in undertaking the survey on the applications of the petitioner without identifying or fixing of the boundaries of the land of the petitioner in Sy. No,157lAA1 admeasuring Ac. O. 08 guntas, land in Sy. No. 167lE admeasuring Ac. 0. 32 guntas and land in Sy,No. 167lEE admeasuring Ac. O. 38 guntas totally admeasuring Ac,o1. 38 guntas situated at Pulsumamidi Village and Gram Panchayat, Vikarabad Mandal, Ranga Reddy District, now vikarabad District is challenged in this Writ Petition as being arbitrary, illegal and violative of Articles 14, 19(1)(9), 21 and 30O-A of Constitution of India and consequently direct the respondent No. 3 to get the land surveyed and particularly identify and demarcate the land of the petitioner in Sy. No. 157lAA1 admeasuring Ac. O'08 guntas, land in Sy. No. 167lE admeasuring Ac. O. 32 guntas and land in Sy. No.

167lEE admeasuring Ac. 0. 38 guntas totally admeasuring Ac. 01. 38 guntas and pass orders.... " 2. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record. 3. The learned counsel for the petitioner would contend that the petitioner has purchased the land admeasuring Ac. 0'08 guntas in Sy. No. 157lAA1, Ac. 0. 32 guntas in Sy. No. 167lE and Ac. 0. 3B in Sy. No. 167lEE, total admeasuring Ac. 1. 38 guntas situated at Pulsumamidi Village and Gram Panchayat, Vikarabad Mandal, Ranga Reddy District (now Vikarabad District) under a registered sale deed dated 14. 07. 2006 bearing No. 3888/2006, from the original owner. The petitioner paid requisite charges to conduct survey of the subject lands. Though the petitioner submitted applications dated 23. 01. 2020 and 25. 09. 2020 before the respondent No. 3-Mandal Revenue OFficer.

Vikarabad Mandal, Vikarabad District, seeking to conduct survey of the subject la nds, no su rvey has been cond ucted so far and ultimately prayed to allow the writ petition as prayed for. 4. On the other hand, learned Assistant Government pleader for Revenue, on written instructions, conceded about filing of application by the petitioner to demarcate the subject lands. The Mandal suryeyor has demarcated the lands in Sy. Nos. 157 and 767 situated at Pulsumamidi Village and fixed boundaries of the subject lands vide panchanama dated 05. 08. 2020. The petitioner has filed online application No. RDOCC022000033739 dated 09. 09. 2020 through Meeseva, seeking certified copies of the Tonch Map and panchanama dated 05. 08. 2020 and the same were furnished to the petitioner on 09. 09. 2020 under ackn owledgem ent. The photo copies of the Tonch Map and panchanama dated 05. 08. 2020 are enclosed to the written instructions. 5.

As per the submissions made by the learned Assistant Government Pleader for Revenue, the Mandal Surveyor has already conducted survey, demarcated and fixed the boundaries to the Iands in Sy. Nos. 157 and 767 of pulusumamidi Village vrde panchanama dated 05. 08. 2020, If the petitioner is aggrieved by the said survey, he may file an Appeal under Section 11 of the A. P. Survey and Boundaries Act, 1923 before the prescribed J Officer. Therefore, no relief as sought in this writ petition can be granted in favour oF the petitioner. 6. With the above observation, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneou s petitions, if any, pending shall stand closed. SDAL. LAKS HMI BABU ASsts //TRUE TANT COPYII R E To, sEcrloN oFFlcER Advocate 1opucl ue, High C6urt iws85"? "#,i;P'Y;; for'the State of Telangana ,,i (OUT) HIGH COURT DATED t1511212020 1 H e STA o o 0 4 JAN 20 21 a; ORDER WP. No. 17827 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.