Cheruku Badri Narayana Goud v. The State of Telagana
Court: High Court for State of Telangana
Bench: C.V. BHASKAR REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-11. Cheruku Badri Narayana Goud v. The State of Telagana. Read the judgment and case details on...
Judgment text
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTIC. -E C. V. BHASKAR REDDY WRIT PETITION NO: 34851 OF 2024 Between: Badri Narayana Goud, S/o. Ch. Balaiah, Age 61 years, Ql1"ty! y Occ : Business, Rl/o. H. No. 1-30, Pocharam Village, Ranga reddy Districl. ..... PETITIONER AND 'l . The State of Telagana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad. 2. The District Collector, Medchal Malkajigiri District at Shamirpet. 3. The Revenue Divisional Officer, Kesara Medchal Malkajigiri District at Kesara. 4. The Tahsildar, Uppal Mandal, Medchal Malkajigiri District at Uppal. 5. The Mandal Surveyor, Uppal mandal, Medchal Malkajigiri District at Uppal. .....
RESPONDENTS Petition Under Article 226 ot the Constitution of tndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the in action of the respondents No. 4 and 5 in not issuing the Survey report which was conducted by the respondent No. 4 and 5, on. 1111112023 vidg file No. Bt24tBt24 basing on the petitioner application on. 28. 1O. 2024 vide apltication No. DER0224O1105171 in respect of land admeasuring an extent of Ac. 2-00 Gts in Survey No. 31 situated at Nacharam Village, Uppal Mandal, Medchal Malkajigiri District, is illegal, arbitrary and in violation of the principles of natural justice consequenfly direct J -the respondents No. 4 and 5 to furnish the survey report which was conducted by the respondent. No. 4 and S, on. 1111112023 vide fite No. Bl247Bl24. t. A.
NO: 10F 2024 Petition Under Section 15'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd respondent to direct the respondents No. 4 and 5 to furnish the survey report which was conducted by the respondent No. 4 and 5 on'1111112023 vide fire No. B/247gl24 disposar of the above writ petition. Counsel for the petitioner : SRt MULLANGI RAMI REDDY Counsel forthe Respondents : AGp FOR REVENUE The Court made the following ORDER I HON,BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No. 34851 of 2024 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliel ".... ro issue a Writ One in tlle nature of a Writ of Mandamus or ang other appropriate WiL Arection or Order declaing the in action of the respondents No. 4 and. 5 in not issuing the Surueg report uthich was conducted bg the respondent No. 4 and 5 on 11/11/2024 uide file No.
B/2478/24 basing on the petitioner application on 28. 10. 2024 vide application NI. DERO224O11O5171 in respect of land admeasuring an ertent of Ac. 2-OO Gts in Surueg No. 31 situated at Nacharam Village, Uppal Mandal, Medchal-Malkajtgiri Astict is illegal, arbitrary and tn uiolation of the principles of natural justice consequentlg direct the respondents No. 4 and 5 to fumish tlrc surueg reporl which tuas anducted by the respondents No. 4 and 5 on 11/11/2023 uide ftle No. B/2478/24.... " 2. Considered the submissions of the learned counsel for the respective parties and perused the record. 3. It is stated that the petitioner is the owner and possessor of land admeasuring Ac. 2-00 guntas in Sy. No. 31 situated at Nacharam Village, Uppal Mandal, Medchal-Malkajigiri District, having acquired the same by way of judgment and decree, dated 06. 11. 2023 in O. S. No. 41 of 2023 before the Principal Senior Civil Judge, Medchal-Malkajgiri District, at Kushaiguda.
It is further stated that after obtaining said decree, the petitioner submitted an F-Line applic ation uide No. DER0224011O5171, dated 28. lO. 2O24 t / for conducting survey and fixation of boundaries in respect of the subject property and acting on the said application, respondent Nos. 4 and 5 issued notices to all the concerned parties and conducted survey on ll. Il. 2o24 in the presence of the adjacent - -\'-phttadars. The grievance of the petitioner is that even after conducting survey, respondent wos. i a. rd 5 have not furnished a copy of the said survey report to the petitioner and are also not hxing the boundaries to the lands in which the survey has been conducted. 4. Learned counsel for the petitioner submitted that the petitioner is ready to bear the expenditure for installation of the boundary stones for fixation boundaries over the subject property. 5. ln view of the above, this Court, deems it appropriate to dispose of the writ petition directing respondent No.
4 to furnish a copy of the survey report conducted on 11. 71. 2024 to the petitioner, along with the tounch plan and fix the boundaries over the subject property, within a period of four (4) weeks from the date of receipt of a copy of this order, subject to tJle petitioner bearing necessary expenditure. 6. With the above observations this writ petition is disposed of. No order as to costs. T ) J As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// pi I SECTION o"FFtcE R To ,| . ' The Principal Secretary, Revenue Department' Secretariat Buildings' Saitabad, btate of Teldgana at Hyderabad' rrledchat rviatkajigiri District. at Shamirpet. . - 2 . iil r;i;i;. iEbrrJctor, at Kesara k". "ii. rrfe-dclal 1tklgilqil.? i'-tlict . ii;; R";;;; bivisional oni. "', Malkajig. iri Dlstrrct aI uppar' 4. fh" fjft. ifarr, Uppal Mandal, Medchal Medch5t-Malkajisiri District at Uppal' 5 .
iii; M;;U brru"vor, upi"i'rinoir, High court for the State of relangana at 6 . i;;'cc;; cp rdn nniEr'rue, Hvderabad. [OUTI 7 6'";"aCi;dnr rr,tUr-r-nr. ret RAMI REDDY, Advocate IoPUCI B . Two CD CoPies SA BS g i i , i I ! i I HIGH COURT DATED:1111212024 sT4 {HF. s (o ( i' I 3 30 0E[ 2024 * o €sF,:rr t. l ORDER WP. No. 34851 of 2024 DISPOSING OF THE W. P WITHOUT COSTS. q Oo{' ,r !
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