1. Bommineni Vineela v. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 of lhe Constitution of India 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 Mandamus to declare the action of the 2nd Respondent in not considering the request of the Petitioner vide letter dated 12/1212023 to appoint the officer other than the 4th respondent for conducting the survey of land admeasuring 1330 sq.yards falling in Sy.No.91 situated at Lakshmipuram, Kasibugga Warangal City, Warangal belonlling to the Petitioners purchased unoer registered sald deeds bearing Nos. 3087i2016, 3OBB/2016, 3089/2016 and 309Cr/2016 all datLd 11.03.2016 as illegal, arbitrary, violative of provisions of Survey Settlement and Land Records Act anrl violative of Article 14 and 300-4 of the Constitution of lndia. lA NO: 1 OF 2024 Petition under St:ction 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the Respondents 2 and 3 to conduct a resurvey by the office'other than the 4th respondent in terms of the order daled 1311212022 of this Hcnorable Court and locate the lands o' the Petitioner, Sth Respondent by fixing lhe boundaries while directing the stl- Respondent not to interfere with the possession and enjoyment of the petltioners' land admeasuring 1330 sq.yards fallirg in Sy.No.9l situated at Lakshrnipuram, Kasibugga Warangal City, Warangal having purchased under registered sale deeds bearing Nos. 308712016, 30BB/2016, 3089/2016 and 3090/2016 all dated 1110312016. Counsel for the Petitiorrer : SRI T.SURYA SATISH Counsel for the Resp,or dents No.1to4: SRI L.RAVINDER, AGP' FOR REVENUE Counsel for the Respon dents No.S : The Court made the following: ORDER ) HON'BI,E SRI JUSTICE K. LAKSHMAN WRIT PETITION No.7398 OF 2024 ORAL ORDER: Heard leamed counsel for thc petitioners and Mr. L. Ravinder, leamed Assistant Government Pleader for Revenue appearing on behall of respondent Nos. 1 to 4.
2. Petitioner Nos. I and 2 herein are claiming that they are the absolute owners and possessors ofopen plots admeasuring 400 square yards,530 square yards, both in Survey No.9l out of total extent of Acs.2.05 guntas, situated at Laxmipuram, Kashibugga, Warangal City, on the strength of registered sale deeds bearing document Nos.3089 and 3090 of2016, both dated 11.03.2016, respectively, whereas the father of petitioner No.3 had purchased open plots admeasuring 200 square yards each in the very same survey number under registered sale deeds bearing document Nos.3087 and 3088 of 2016, both dated 1 I .03.201 6. In proof of the same, they have filed copics of registercd sale deeds. They have filed a writ petition vitle lN.P. No.265 19 of 2022 to declare the action of respondent No.5 herein in claiming and interfering with the subject plots as illegal and fbr a consequcntial direction to respondent No.5 not to intcrfcre with the possession of the ') KI,.J W P No 7.l9lt ofzolJ !' petitioners over the sub.iect plots without tbttowing due procedure laid down under lau'. Vide order dated 13.12.2022, l.A. No I of 2022 in the said writ petition, this Court directed respondent No..{ and the Tahsildar, Waranrlal City, to conduct survey in respect o1' the land adrncasuring I33(t squslg yards in Survey No.9l of l.akshmipuram, Kasibugga, Warangal District taking into consideration of registered sale deeds of the petitioners herein and shall complct.' thc survey within a period ol'Ibur (04) weeks from the date of receipt c,f copy of the said order lry issuing notice to the petitioners herein as well as respondent No.5 lrerein and shall submit a report beforc- this Court. According to the p etitioners, respondent No.4 conducted surrey along rvith the Tahsilclar. Warangal City on 25.02.2023. Feeling aggrieved by the said sur\/el, report, the petitioners preferred an app,:al under Section - l0 ol the Telangana survey and Boundaries Act, l9 23 before respondent No.2 on 12.12.2023. Despite receiving and acknowledging the said appeal, respondent No.2 is not disposing the said appeal in accordance rvith lrrrv. Aggrieved by the said inaction oi respondent No.2, the petitionels filed the present writ petition. i. Where,rs. leamed Assistant Govemment Ple;rder lor Revcnue. on instnrctions, would submit that the petitioners have to KL..I w P. No.7198 of202J submit appeal by way of submitting an online application to respondent No.2 and he wilt dispose of the same in accordance with law. Considering the said survey report dated 25.02.2023, this Court disposed of the aforesaid writ petition.
4. In the light of the aforesaid submission, this writ petition is disposed of granting liberty to the petitioners to prefer appeal by way ol online to respondent No.2 challenging the survey report dated
25.02.2023 within ten (10) days from the date of receipt of copy of this order, and on receipt of the said online appeal, respondent No.2 - Appellate Authority shall dispose of the same strictly in accordance with law within three (03) months thereafter. In the circumstances of the case, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed //TRUE COPY// SD7-MOHD.ISMAIL DEPUW REGISTRARe SECTION OFFICER 1 The Principal Secretary, State of Telangana, tvlunicipal Administration and Urban Development Department, Secretariat, Hyderabad- The Commissioner, Survey Settlement and Land Records (CSSLR), State of Telangana, Hyderabad. The Regional Director, Survey Settlement and Land Records, Warangal District The Assistant Director, District Survey Settlement and Land Records Warangal District The Chief Executive Officer, Kakathiya Urban Development Authority, Warangal, Office at KUDA Building, KUDA Road, Behind Ashok Hotel, Hanmakonda, Warangal. One CC to SRI T.SURYA SATISH, Advocate tOPUCl Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] 3 4 5 6 7 \ I To, l HIGH COURl' DATED:07l1Alit025 ORDER WP-No.7398 of 2024 -i i1'j ()\1 7 /, _< 2 5 tt'i zqffi D.:^ rr, -..,.,.-'- - --i:;i-:=-- .(. \'( ;/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS AD )4 Lol €