Chintala Upender v. The District Collector, Khammam, Khammam District

HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETTION No.18218 OF 2010 ORDER: This writ petition is filed by the petitioner seeking for issuance of writ of mandamus declaring the action of the respondents herein in not conducting survey in Sy.No.66 of Khanapuram Village, Khammam District, and bifurcate the same for the purpose of which it was acquired as illegal, arbitrary and unconstitutional and consequently direct the respondents not to conduct survey and remove the fencing erected in the petitioner’s property.

2. The case of the petitioner is that he is the owner of the property to an extent of 4.39 guntas in Sy.No.66 of Khanapuram Village, Hamlet of Khammam Mandal and District. The Government has acquired some part of the petitioner’s land for the purpose of construction of Airport. After acquiring the land, the Government has taken possession of the property and erected fencing in the entire land. The petitioner made representations to the respondent authorities on 06.09.2009 and 09.11.2009 for conducting survey in S.No.66 of Tekulapalli Village, Khammam Urban Mandal, Khammam District, and for bifurcation of his land from the property acquired and consequently to direct the respondent authorities to remove the fencing erected in the petitioner’s property. The petitioner also paid the required fee of Rs.300/- on 30.07.2009 by way of challan for the purpose of conducting survey in respect of the survey number referred to in the writ petition, but no action has been taken by the respondents. Therefore, the petitioner submits that he is entitled to the relief sought for in the writ petition.

3. The petitioner also filed W.P.M.P.No.49953 of 2012 to direct the respondents herein and the State Bank of Hyderabad officials not to proceed with any activities in Sy.No.66 of Khanapuram Village, Hamlet of Khammam Mandal and District. When the matter was listed for admission for the first time on

28.09.2010, at the request of the learned Government Pleader for the respondents, the matter was adjourned for instructions. Thereafter, on 03.08.2010 this Court ordered notice before admission and on 23.03.2011 while ordering Rule Nisi in the writ petition, this Court directed W.P.M.P.Nos.23012 and 32087 of 2010 to be posted after one week for counter, but no counter has been filed by the respondents till today.

4. No representation is made for the respondents. Heard the learned counsel for the writ petitioner.

5. The learned counsel for the petitioner submits that the total extent of Sy.No.66 consists of Ac. 11.17 guntas, out of which the petitioner was the owner of an extent of Ac. 4.39 guntas, out of which the petitioner is now the owner of an extent of 2.17 guntas and the remaining land was acquired by the Government for the purpose of construction of Airport and the respondent authorities have fenced the entire land depriving the petitioner over the land to an extent of Ac. 2.17 guntas. The learned counsel for the petitioner further submits the petitioner made representations the respondent authorities concerned conducting the survey by paying the requisite fee of Rs.300/- on

30.07.2009 by way of challan, but no action has been taken. Therefore, he submits that the petitioner is entitled to the relief sought for in the writ petition.

6. Whenever a citizen makes a representation to the competent authority with regard to his grievance, it is the duty of the concerned authority to respond to it, in accordance with law. In the instant case, the case of the petitioner is that he made representations on 06.09.2009 and 09.11.2009 and paid the requisite fee of Rs.300/- on 30.07.2009 by way of challan requesting the concerned authorities to conduct the survey in respect of the subject land, but the concerned authorities have not given any response to the representations made by the petitioner. The representation, dated 06.09.2009, appears to be addressed to the Tahsildar, Khammam Urban Mandal, Khammam District, for conducting survey in S.No.66 and to remove the fencing erected in the said land by the respondent authorities and the representation, dated 09.11.2009, appears to be addressed to the District Collector, Khammam District, for conducting survey in S.No.66 for the purpose of bifurcation of the petitioner’s land to an extent of Ac. 2.17 guntas, but the respondents have not taken any action in this regard. Having regard to the nature of the grievance of the citizen, by ignorance if the citizen makes a representation to an inappropriate authority or a higher authority, who is not a competent authority, it is the duty of the said authority to transmit the said application to the concerned authority with due information to the citizen. If the citizen is not entitled for the relief sought for in the said application, it is the duty of the said competent authority to inform him whether he is entitled to the relief sought for or not. If he is entitled, the necessary relief can be granted by considering the grievance of the citizen and if he is not entitled, the same should also be informed to citizen concerned, but no authority to whom the representation is made is expected to maintain silence without taking any action on the said representation, which is contrary to law.

7. Therefore, under these circumstances, the Writ Petition is disposed of without costs with the following direction: “The respondents are directed to consider the representations stated to have been made by the petitioner on 06.09.2009 (to the Tahsildar, Khammam Urban Mandal, Khammam) and on 09.11.2009 (to the District Collector, Khammam District, Khammam) and take appropriate action, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order.” _________________ G. CHANDRAIAH, J Date: 26th December, 2012 Note: Issue C.C. within three (3) days. (B/o.) KL HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETTION No.18218 OF 2010 Date: 26th December, 2012. KL