1. Sanoem Balaiah @ Cheerlavancha Balaiah v. State of Telangana
Case Details
Acts & Sections
Petition under Article 226 ol 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 of mandamus or any other appropriate writ or order or direction (a)declaring the inaction of the Respondents 5 and 6 in conducting survey rn respect of survey Nos. 96z and gg2, Venkata puram Vittage, Yellareddypet Mandal, Sircilla, Rajanna Sircilla District as per the proceedings No.F111 134t2}t19, dated 14.06.2fr21 as arbitrary, illegal, (b)declaring the action of the Respondents 2 to 4 in not conducting the survey in respect of the petitioners land in Sy.Nos.967 and 982 Venkata Puram village, Yellareddypet Mandal, Sircilla, Rajanna Sircilla District inspite of the orders passed by this Honble Court as arbitrary and illegal and consequently direct the Respondent's 5 and 6 to conduct surve'y' in respect of Sy. Nos. 967 and 982, Venkata puram Village, Yellareddypet Mandal, Sircilla, Rajannan Sircilta District as per proceedings in File No.F1 1113'4119, dated 1410612021 and (c) to conduct survey in respect of the Petitioners land in survey Nos. 967 and gg2 Venkata puram viilage, Yellareddypet llandal, Sircilla, Rajanna Sircilla District and fix the boundaries. lA NO: 2 oF 2022 Petition ttnder Section 151 CPC praying that in the circumstances stated in the affidavit filerd in support of the petition, the High Court may be pleased to direct the respondents 5 & 6 to conduct survey in respect of the petitioners' lands in respect of Survey Nos. 967 and 982 of Venkata Puram Village, yellareddy peta Mandal, Rajanna-sircilla District pending disposal of the writ petition. lA NO: 1 OF 201! Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fileC in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 to conduct survey in.respect of the petitioners, lands in respect of Survey Nos. 967 and g82 of Venkata Puram Village, yellareddy peta Mandal, Rajanna-sircilla District pending disposal of the writ petition. a counser for the Petitioner' ,:?i,1H":mrTi#lffiR REDD' counsel for the Fiespondents: sRl H.RAKESH KUMAR, AGp FoR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGPPAL WRIT PE"IITION No.37556 OF 2O22 ORDER: This Writ Petitior. is filed under Article 226 o;f Constitution of India seeking the following relief,i s:. "(a) declaring the inaction of the Respondents 5 and 6 in conducting survey in respect of Survey Nos.967 and 982, Venkata Puram Village, Yellareddypet Mandal, Sircilla, Rajanna Sircilla District as per the Proceedings No.Fl/ ll34l2Ol9, dated 14.06.2021 as arbitrary, illegal, (b) declaring the action of the Respondents 2 to 4 in not conducting the survey in respect of the Petitioners' land in Sy.Nos.967 and 982 Venkata Pur,am Village, Yellareddypet Mandal, Sircilla, Rajanna Sircilla District inspite of the orders passed by this Hon'ble Court as arbitrary and illegal and consequently direct the Respondents 5 & 6 to conduct survey in respect of Sy.Nos.967 and 982, Venkata Puram Village, Yellareddypet Mandal, Sircilla, Rajannan Sircilla District as per proceedings in File No.Fl/1134119, dated 14.O6.2021and (c) to conduct survey in respect of the Petitioners' land in Survey Nos. 967 and 982 Venkata puram Village, Yellareddypet Mandal, Sircilla, Rajanna Sircilla District and fix the boundaries and pass such other order or orders ..."
2. Heard Mr.Peri Prabhakar, learned counsel representing Mr.K.K.Mahender Reddy, learned counsel for the petitioners and Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appea-ring for respondents.
3. The brief facts of the case are that petitioner Nos.l, 2 and 3 are the absolute owners and possessors of lands admeasuring Acs.6-39 gts, Ac.O.39 gts and Ac.0.35 gts respectively in Sy No.982 of Venkata Puram Village, Yellareddy Peta Mandal, 2 Rajanna-Sircilia District; that petitioner No.4 is absolute o'wner and poss;essor of land admeasuring Acs.3.10 gts, (Ac.1.25 gts rn Sy.No.96Bl4 and Ac 1.25 gts, in S-v.No.9681341 in Venkata Puram Village, Yeil:rreddy Peta Mandal, R4r,rrna-Sircilla District; that petitioners have submitted applications dated 23.C'.2.2)22 and 07.(16.2022 to respondent No.2 seeking to conduct survey and fix boundaries in respect of their Patta lands; that ins pite of paying tiee requisite fee, respondents herein faiied to conduct survey and fix the bounciaries; that there was a Reserve Forest adjacent to the lands of the petitioners due to which the petitioner:s are facing problem from the Forest Officials, who are obstructing them; that if a survey is conducted and boundaries are fixed, the petitioners will be able to confront the officiais',vith the survey report and safe-guard their property.
4. It is; submitted that the petitioneis have fiied W.P.No.27349 of 2022 sieeking a direction to respondent Nos.2 to 4 to conduct survey o:: their lands and to submit report. Vide order dated
29.06.20'.22 the said Writ Petition was disposed of by directing respondent Nos.2 to 4 to conduct survey and do the needful; that responde nt No.4 had issued Memo No.B1446 /2022 dated L8.O8.2Otl,2 informing that the Commissioner & Director of '! S&LRs, Hyderabad vide Proceedings No.Fl / ll34 I 2019, dated t4.O6.2O21 has constituted a team with the Assistant Director, S&LRs, Karimnagar and lnspector of Survey, Jagital & .Peddapalli to conduct the sr-:rvey of disputed Sy.Nos.967 e,982 and submit compliance report. But the sa;ne :s pending. tn view of the above, the petitioners were informed that their request for survey and fixing of boundaries will be considered on receipt of the report from the team. Thus, the petitioners were constrained to file the present Writ Petition.
5. Learned counsel for the petitioners seeks a direction to the respondents to conduct survey and fix bound.aries in respect of \ \ their Patta lands and pass appropriate orders.
6. Learned Assistant Government Pleader for Revenue contends that the Commissioner & Director of S&LRs, Hyderabad vide Proceedings No.F1 /1134/2019, dated 14.O6.2O2L has constituted a team with the Assistant Director, S&LRs, Karimnagar and Inspector of Survey, Jagital & Peddapalli to conduct the survey of disputed Survey Nos.967 & g82 and submit compliance report and the same is awaited. Therefore, he seeks to pass appropriate orders. I 4 7 . Harring regard to the submissions of both the learned counsel :rnd on perusal of the material available on record, this Court deems it fit and proper to direct respondent No.4 to take necessarF steps to enable respondent No.S to conduct the survey irrd demarcate the subject lands and lile compliance rbport, as expeditiously as possible.
8. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous Petitions, pending if any, shall stand closed. SD'. T.SRINIVASA REDDY ASSISTANT REGISTRAR /,TRUE COPYII SECTION OFFICER
1. The Principal Secretary, Revenue Department Secretariat, Telangana State Hyderabad.
2. The District Collector, Rajanna-Sircilla District, At Sircilla. 3. The Assi,;tant Director, Survey and Land Records, Rajanna- Sircilla District At Sircilla.
4. The Tahs;ildar, Yellareddy Peta Mandal, Rajanna- Sircilla District. 5. The Commissioner and Director of Survey-Settlement and land Records, KarimnaJlar.
6. The Assi:;tant Director, Survey, Settlement and Land Records, Karimnagar 7. One CC r:o SRI K.K.MAHENDER REDDY, Advocate. [OPUC] 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. [our]
9. Two CD tlopies. BSK PSK s{ / To, HIGH COURT DATED -.0711U2A25 ORDER WP.No.37'556 of 2022 xHE E r
1.. H L 7fllfi 0 3 * * DISPOSING OF THE WRIT PETITION WITHOUTCOSTS * 0il9 @ "gk