Miryalakar Chandra Mohan vs State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) FRIDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 19017 OF 2022 Between: l\,4iryalakar Chandra lt4ohan, S/o.

Iate Miryalkar Rana Prathap, aged about 45 years, Occ: Business, R/o.H.No.4-8-712, Kasabgally, Nizamabad, Nizamabad District.

Rep. by his GPA Holder Mohammed Kaleem S/o.Mohd.

Yousuf. ...PETITIONER AND 1 State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat.

Hyderabad.

The District Collector, Nizamabad District.

The Assistant Director Survey & Land Records, Nizamabad District. ..,RESPONDENTS Petition under Article 226 of 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 particularly one in the nature of Writ of It4andamus declaring the action of the respondents, particularly the 3'd respondent herein in not conducting survey and demarcation of the different extents of land bbaring Sy.No.285'1 , situated at Nizamabad Shivar, Nizamabad Mandal and District, on the application of the petitioner dated'16.09.2021 is illegal, arbitrary, unjust and violation of principles of natural justice and against the provisions of Survey and Boundaries Act, 1923, and the Rules made thereunder, and consequently direct the respondents 2 and 3 to conduct survey and demarcation and fix boundary stones surrounding land of the petitioner bearing Sy.No.2B51, total admeasuring Ac.2-00 Gts., situated at Nizamabad Shivar, Nizamabad lt4andal and District.

2 3 \ Petition under Section 15'1 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 3rd respondent to conduct survey, demarcation and fix boundary stones surrounding land of the petitioner bearing Sy.No.2851, total admeasuring Ac. suring Ac.2-00 Gts., situated at Nizamabad Shivar, Nizamabad lvlandal and District, on the application of the petitioner dated16.09.2021 , immediately, pending disposal of the writ petition.

Counsel for the Petitioner: SRl.

MOHD MOIN AHMED QUADRI Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER lA NO: 1 OF 2022 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.

19017 of 2022 ORDER: This Writ Petition is filed questioning the action of the third respondent in not conducting survey and demarcation of different extents of lands bearing Survey No.2851, situated in Nizambad Shivar, Nizambad Mandal and District on the application of the petitioner dated 16.09.2021 as illegal and arbitrary.

2.

Heard the learned counsel for the petitioner and Government Pleader for Revenue for official respondents.

With their consent, the Writ Petition is disposed of at the stage of admission.

3.

The grievance of the petitioner in this Writ Petition is that he has made an application for conducting survey of land admeasuring Acs.2.OO gts, situated Survey No.2851 of Nizambad Shivar, Nizambad Mandal and District by duly paying the requisite fee of Rs.4O0/- (Rupees Four hundred only) through Treasury Challan No.6107952244 dated MSK,J W.P.No.19017 ol 2022 16.09.202|andalsosubmittedwrittenapplicationtothe third respondent for conducting of survey in respect of the same.

The survey is not being conducted and hence' filed the present Writ Petition.

4.

Learned Government Pleader submitted that the survey is being undertaken only basing upon the F-Line application submitted by the respective applicants through mee-seva and manual applications are not being considered by the respondents for conducting survey of lands' 5.Inthesecircumstances,thisWritPetitionisdisposedof directing the petitioner to make an F-Line application within a period of two (2) weeks from the date of receipt of a copy of this order and on making such application' the fourth respondent respondent/Tahsildar is directed to consider the said F-Line application and comPlete admeasuring Acs.2.OO gts, the survev in respect of land situated in SurveY No'2851 of Nizambad Shivar, Nizambad Mandal and District with a MSK,J W.P.No.l9017 of 2022 period of eight (B) weeks from the date of submission of such F-Line Application.

6.

The miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs. ,TRUE CAPYII SD/-M,MANJULA ASSISTANT REG.ISTRAR secrroforrrcEn To, 1 J!: ?ll"plpal,Secretary, Revenue Department, State of Tetangana, Secretariat.

The Assistant Director Survey and Land Records, Nizamabad District.

One CC to SRl.

MOHD MO|N AHMED eUADRt Advocate tOpUCl 5.

Two CCs to GP FOR REVENUE,High Court for the State of Telangana. tourl 6.

Two CD Copies 7.

One Spare Copy PV.'\J). \ HIGH COURT DATED: 2210412022 ORDER WP.No.19017 of 2022 Disposing of the writ Petition Without costs L\j I RJ ei -.{ -v ,c .;, t.r 4:\ \ (+.

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