✦ High Court of India · 07 Apr 2025

High Court · 2025

Case Details High Court of India · 07 Apr 2025
Court
High Court of India
Decided
07 Apr 2025
Length
1,161 words

Petition under section 151 cpc praying that in the circJmstances stated in the affidavit fireo in support of the petition, the High court n.ray be preased to direct the Respondent to consider representations dated 23.07.2024, 01 ,10.2e24 and 07.10.2024 tc conduct survey and demarcate land in Sy tr,os. 137p, 13g/p, l51P and 900p, Manamote and ffqmacfiqndrapuram Maodal, S4ngg ReQQy. District to the extent of Ac. 3_79 gts pending disposal 9t the above Wp Counsel for the petitioner: Sfl pRflTUSHA BOPPANA ::::::l I:: ll: I::ry"aenuros.i io a, Gir-on frevENUE uounser ror the Responflent flo.S: SBt CH,$AMS9N BABU,'gC FgR BHEL The Cogrt made the fotlp.singl ORPFE THD HON 'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIO N No.2958 7 of2O24 ORDER: This writ petition has been filed seeking to declare the action of respondents in not conducting survey and demarcating the land in Survey Nos'137/P, 138/P' 151/P and 90O/P situated at Manamole Village, Ramachandrapuram Mandal, Sangareddy District, despite issuance of notice dated 22.O8.2024 and despite repeated representations dated 23.07.2024, OL.lO.2024 and 07 'lO'2024 as arbitrary and iliegal and for other appropriate reliefs' It is stated that the petitioner herein is a society i'e" Sri Sneha BHEL Employees Mutually Aided Co-operative Housing Society Ltd, which has been ccnstituted for the welfare of the employees of BHEL (Bharat Heary Electronics Limited) with an object of providing housing facilities to all its mcmbers by developing a housing scheme for its members and registered Telalgana MutuallY Aided Co- lgg5, vide registration operative is further stated that the No.AMC/DCo /RRl t66l04. It to Andhra Pradesh Industrial petitioner made a request Infrastructure Corporation (APIIC) for allotment of Ac'3'78 under the provisions of the Societies Act, I ;: 2 guntas, ou1. Sub-Station , of larger extent of Acs.223.OO \ring va<;arlt near BHEL, Ramachandrapuram for constrr:ction of houses to BHEL employees, and the ApIIC in turn requested the then GoverrLrnent of Andhra pradesh for issualce of rrecessar5r orders ald acting upon the said request, the Govenrment of Andhra Pradesh issued G.O.Ms.No.55 dated lg.O2.2O14 according permission to ApIIC to allocate the aforesaicl Ac.3.7g guntas in favour of the petitioner_society. It is furthr:r stated that in pursuance thereof a,d post bifurcation of the State of Andhra Pradesh, the Telangana State Industrial Infrastructure Corporation i1'SIiC) executed a sale deed dated 19.0g.21117 vide document No. 17596 of 2OlZ in favour of the p,rtitioner conveying thc land admeasuring Ac.3.7g guntas in Surrey Nos. 137/P, 138,,/P, 15l/p and 9OO/p of Manamole Village, Ramachandral:uram Ma,,dal, Sa,gareddy District. It is further stated that in order to protect the said property and to :ncircle the same with fencing, when the petitioner submir ted an application ser:king to conduct survey in respect o1. tire said lard, respondent No.2 issued notice d,ated 22.08.2024 to trre petitioner arrc ali other interested/ effected persons irxing the date of survey on 22.Og.2024. The grievance of the petit:oner is that despite issuance of the said notice, no survey has been J conducted till date, which constrained the petitioner to submit several representations to conduct survey, but so far no action has been taken thereon. Since there is a dispute with regard to allotment of the subject land and consequential execution of the sale deed in favour of petitioner, this Court is of the opinion that BHEL is the necessa4l and proper party for effective disposal of the writ petition and as such, BHEL (Bharat Heavy Electronics Limited!' Rep., by its Estate Offrcer, Ramachandrapuram is suo motlt impleaded as respondent No.5 in the present'&rit petition' Sri Ch. Samson Babu, learned Standing Counsel appearing for impleaded respondent No'S/BHEL, submits that the subject property allotted to TSIIC has been transferred in favour of the BHEL; the Estate Ofhcer of the BHIIL after conducting survey allotted the land to the petitioner; as such there is no necessity for conducting fresh survey; and the petitioner in the guise of conducting survey is making efforts to encroach upon the land belonging to BHEL' Be that as it may, since it is the grievance of the petitioner that despite issuance of survey notice by respondent No'2 vide File No.A3/135g12O24 acting upon the application submitted \ \ .I 4 by it, so far survey has not been conducted in respect of the subject land, this Court deems it appropriate to dispo se of the ',vrit petition try direcr-ing that the concerned Deputy Inspector of Survey and LanC Records shall conduct and conclude the survey in pursuance of the notice issued by respondt:nt No.2 vide File No.A3/ 1359/ 2O24, alter issuing notice to respondent No.5 herein and all other interested/affected parties and after considering their objections, if any. However, if for any reason, the Deputy I,spector of Survey and Land Records comr.s to the conclusion that survey cannot be conducted, he shall pass a reasoned order and comrnunicate the same to petiLioner, in accordancc wir_h law The writ petition is accordingly disposed of. Pending miscellaneous applications, if any, shal I stald closed. There shall be no order as to costs. //TRUE COPYII SD/-T. TIRUMALA DEVI GISTRAR OFFICER

1. The Principal Secreta ry, State of Telan gana, Department of Sr.rrvey, Land 2. Commissioner of Su rvey, Settlement and Land Records Narayanaguda, Records, Secretariat Hyderabad H derabad v D Irector of Survey and Land Records Nampall Y,H derabad Assistant Director of Survev One CC to SRI PRA TUSHA Two CCs to GP FOR REVE Hyderabad One CC to S Two CD Copies v and Land Record S, SA BOPPANA, AdVo cate loP NUE, High Court fqr the Statg of Tr:lapgana, at N BABU, SC FOR BHEL TOPUC] Reddy Telangqna UC] lorJTl RI ,3H,SAMSO To 3 4 6 7 o PSK. BS S- HIGH COURT DATED:07104t2025 ORDER WP.No.29587 of 2OZ4 rF ,-=l= 1Hts e o 'f c 10 APi 2025 I 0r.... ' - rr \1 * DISPOSING OF THE WRIT PETITION WTHOUT COSTS ,^\t6 \D

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