Menga Sai Baba v. The State of Telangana

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction more particularly one in the nature of Writ of [Vlandamus, declaring the inaction of the 3rd respondent in considering petitioners request for survey of petitioners land to an extent of Ac. O-23 Gts in Sy. No , 1 99 and 201 , situated at Gopanpally Village' Sherilingampally Mandal, Ranga Reddy District, made through petitioners various online applications dated 09 04.2019, 20.01 .2021 and 24.08.2021 as illegal, arbitrary, malafide, unconstitutional and to consequently direct the 3rd respondent to forthwith consider the petitioners various online applications dated 09.04.2019. 20.01 .2021 and 24.08.2021 by conducting survey of petitioners land to an extent of Ac. 0-23 Gts. in Sy. No. 199 and 201 , situated at Gopanpally Village, Sherilingampally Mandal, Ranga Reddy District and demarcating the same as per the provisions of the Telangana survey and Boundaries Act, '1 92 3. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in tl e circumstances stated in the affidavit filed in support of the petition, the Hig-r Court may be pleased to direct t.he 3rd respondent to forthwith conslder the petitioner's various online applications dated 09.04.2019, 20.01 .2021 & 24 08.2021 by conducting survey ,cf petitioner's land to an extent of Ac 0- 2ll Gts. in Sy No' 199. and 201, situated at Gopanpally Village, Sherilingampal y Mandal, Ranga Reddy District ancJ demarcating the same as per the F r'rvisions of the Telangana Survey and Boundaries Act, 1923. Counsel for the Petitioner : SRI B.KIRAN KUMAR Counsel for the Respondents: SRI H.RAKESH KUMAR, AGP FCR REVENUE The Court made the following: ORDER 3 THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No. 981 of2022 ORDER: This writ petition is filed to issue appropriate writ, order or direction, more particulariy, a Writ of Mandamus, declaring the inaction of the 3'd respondent in considering petitioner's request for survey of petitioner's land to an extent of Ac.0.23 guntas in Sy.No.lgg,2U., situated at Gopanpaliy village, Sherilingampally Mandal, Ranga Reddy District, made through petitioner's various online applications dated Og.O4.2}lg, 20.Ol.2O2l and 24.O8.2021 as illegal, arbitrary, malalide, unconstitutional and to consequently direct the 3'd respondent to forthwith consider the petitioner's various online applications dated Og.O4.2olg, 20.Ol.2O2l and 24.08.2021 by conducting survey of petitioner's land and demarcating the sarne as per the provisions of the Telangana Survey and Boundaries Act, 1923.

2. Heard Sri B.Kiran Kumar, learned counsel for the petitioner and Sri Rakesh Kumar, learned Assistant ( 2 \- Government Pleader for Revenue, appea_r ing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner woul I submit that the petitioner is the pattadar, possessor ol the land to arl extent of Ac.0.23 guntas of land situated in Sy.No. 199 and 201, Gopanpally Village, Sherilinq:rmpally Mandal, Ranga Reddy District (herein after re e rred as "subject land"). The petitioner submitted severa-l representations dated 09.O4.2019, 20.O1.2C,21 a-rld 24.08.2021 to respondent No.3 to conduct s:rvey in respect of the subject land. But, no action L a s been taken by respondent No.3. Hence, he would seek to give appropriate direction to respondent No.3 to cons;i,ler the representations made by the petitioner.

4. Opposing the sarne, learned Assistant Governmenr Pleader for Revenue would subnti : that necessary application has to be made in accordarrc:e with law by the cetitioner to demonstrate that he is .Lre title holder of the subject land. It is further submitrerl that the documents relied upon by the petitioner d c not .J 7- 3 pertain to the petitioner's claim in resPect of subject land. In the absence of establishing the right of the petitioner over the subject land, seeking to conduct survey of the subject land in terms of the Telangana Survey and Boundaries Act, 1923 does not hold any consideration. Hence, he would seek to dismiss this writ petition.

5. Having heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, this Court, without making any observation on merits and demerits of the case, is inclined to grant opPortunity to the petitioner to file necessary fresh application before the respondent authorities as the applications filed before the authorities, are long back, which have attained nullity as of now. Therefore, the petitioner is directed to file fresh application before the respondent authorities by properly estabiishing his right over the subject land to conduct survey by the respondent authorities. After filing such application, the respondent authorities are directed to examine the application filed ! d 4 \ by the pedtioner and pass appropriate orders irs; per the procedure established by law, expedit,r o rrsl_v AS possible.

6. With the above directions, this writ p:r r ition is disposed of Miscellaneous applications, if arry, pendrrrg shall stand closed. s t-l i\ KA T r{ URJ NA sGR E RAO RAR //TRUE COPY// tJ,, (; TI o N Fo F CER To, '1 . The Principal Secretary, Revenue Department, Se Telangana, Hyderabad. tflriat E;u ldings, State of

2. The District Collector, Ranga Reddy District 3. The Tahsildar, Sherilingampally Mandal, Ranga Reddy Distrtcl 4. One CC to SRl B.KIRAN KUMAR, Advocate. IOPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State ol Telangana 6 Two CD Copies BSK BS l I HIGH COURT DATED:0910912025 t i -..) (\'\ 2 [ sit) ;til6 'J _,,,1.. .r,, ORDER WP.No.981 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Dl/' n2B