✦ Telangana High Court

Mr. B. Subhash Reddy v. N|TESH, Advocate tOpUCl

K SARATH4 min read

Case at a glance

Provisions considered

Judgment

Mr. B. Subhash Reddy S/o. B. Chandra Reddy, Age-d !9-y9?rq' Occ: Business, Rl/o' d-ZAle, Ravindra Nagar, Street no B, Habsiguda-500007, Hyderabad, Telangana' ...PETITIONER AND

1.

The State of Telangana, Rep. by its Principal Secretary, Revenue and Survey -Department, Secretariat Buildings, Hyderabad' and Land Records

2.

The District collector Ranga Reddy District.

3.

The Assistant Director, Department of Survey and Land, Records, Ranga Reddy District.

4.

The Tahsildar, Quthbullapur Mandal, Medchal District.

5.

The Mandal Surveyor, Qutbullapur Mandal, Ranga Reddy, District'

6.

The Station House Officer Petbasheerabad P.S. Jeedimetla, Cyberabad'

7.

M.Laxina Reddy, Sio Late M. Balreddy, Aged abo{t 64 years, Occ: Business' 'soujanya Colony, New Bor, tienpally, Secunderabad' nyo Fiot No. 48, B.M.Arundhati,W/o.M.LaxmaReddy, Agedabout.SSyears,.Occ: HouseWife' Rl/o Plot No. 48, Soulanya Colony, New Bowenpally, Secunderabad'

9.

M.Raiashekar Reddy, S/o M.Laxma Reddy, Aged about 40 years, Occ: - gr"ii"i.,- R/o. piot No.48, Soujanya Colony, New Bowenpally' Secunderabad. '

10.

M. Mamatha, W/o Rajashekar Reddy, Aged abo.ut 3^6 years, Occ: Business' - nyo. ptot No.48, Soujahya Colony, N6w Bbwenpally, Secunderabad' 1 1 . Ch. Malla Reddy sio. late Malla Reddy, Aged about 56 years, occ: Business, R6. S;ney No.'59, Jaya Nagar Colony, New Bowenpally, Secunderabad' l2..Ch.KalpanaWoCh.MallaReddy, AgedaboutSl.years, Occ:?usiness' R/o. Survey No 59, Jaya Nagar Colony, New Bowenpally, Secunderabao' -7

13.

Ch. Mahender Reddv S/o. Ch Malla Reddy, Aged about 32 years, Occ: Business, R/o. Suniey No.59, Jaya Nagar Colony, New Bowenpally; Secunderabad.

14.

Ch. Shalini Wo. Ch. Mahender Reddy, Aged about 30 years, Occ: Business, Rl/o Survey No.59, Jaya Nagar Colony, New Bowenpally, Secunderabad.

15.

Ch. Badra Reddy S/o. Ch. Malla Reddy, Aged about 30 years' Occ: Business, R:/o. Survey No. 59, Jaya Nagar Colony, New Bowenpally, Secunderabad.

16.

Ch. Preethi, S/o Ch. Badra Reddy, Aged about29years, Occ: Business, Rl/o. Sgrvey No 59, Jaya Nagar Colony, New Bowenpally, Secunderabad. ...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 an appropriate writ, order or direction, more in the nature of Mandamus declaring the action of the 4th respondent in issuing the Memo dt 14-2- 2017 vide re| no E122112017 rejecting to conduct the survey in Sy No B2t1tEE, situated at Jeedimetla Village, Quthbullapur Mandal, Ranga Reddy District on the ground that the neighbour pattadar has rejected the survey, as being illegal, arbitrary and unconstitutional being violative of Arts., 14, 19 (1) (g),21 and 300-4 of the Constitution of lndia, apart from various judicial pronouncements of this Hon'ble Court as well as the Hon'ble Apex Court by setting aside the same and consequently direct the respondents no 4 and 5 to fix a date and conduct survey in Sy No 8211/EE, situated at Jeedimetla Village, Quthbullpur Mandal, Ranga Reddy District with the assistance of 6th respondent. LA. NO: 1OF 2017(W PMP. NO: 14500 OF 2017) 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 respondents No.4 & 5 to conduct survey as per survey records by dehorsing the Memo d1.14'02'2O17 vide Ref. No.E t22112017 issued by the 4th respondent' pending disposal of the main Writ Petition' Counsel for the Petitioner: SRI V' NITESH Counsel for the Respondents No'1 to 5: GP FOR REVENUE Counsel for the Respondent No'6: GP FOR HOME Counsel for the Respondents: SRt ENUGALA PRAMODH REDDY The Court made the following: ORDER T 3 THE HON,BLE SRI JUSTICE K.SARATH WRIT PETITION No.1165 5 of 2OL7 ORDER: Heard learned counsel for ihe petitioner and learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Home appearing for the official respondents and learned counsel for the unofficial re spon den ts

2. This writ petition is filed by the petitioner questioning the action of the respondent No'4 in issuing the Memo vide Ref-No. E I 22L I 2017, dated 14'O2'201'7 rejecting to conduct the survey in Sy'No'82 lllE,D' situated at JeedimetlaVillage, QuthbullapurMandal'RangaReddy District on the ground that the neighbor pattadar has rejected the surveY.

3. Today, when the matter is taken up for hearing' learned counsel appearing for the petitioner and learned counsel for the unofficial respondents submit that after \ \ 2 \ filing of the writ petition, the petitioner had sold the subject propert5r to the third parties and requested to grant liberfy to the third parties who purchased the propert5r to avail remedy as per law.

4. In view of the aforementioned submission, this writ petition is closed by granting liberty to the purchasers of the schedule property to avail remedies available as per law. However, there shall be no order as to costs. S. Miscellaneous pctitions, 11 any, pending sha_ll sta.nd closed. To, //TRUE COPYII Sd/. T. JAYASREE SISTANT REGISTRAR SECTION OFFICER

1. One CC to SRI V. N|TESH, Advocate tOpUCl 2. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUTJ

3. Two CCs to GP for Home, High Cou( for the State of Telangana at Hyderabad. [OUT] 1 One CC to-SRt ENUGALA PRAMODH REDDY, Advocate tOpUCI rwo CD Copies M, MP HIGH COURT DATE D:1 510412025 HE STAT 1+ t 0 4 Ji,i'i 2U25 -t oEs r,ATC 9,.''c 9 2 o ORDER WP.No.11655 ot 2017 CLOSING THE WRIT PETITION WITHOUT COSTS crS

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