High Court · 2025

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 or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents not conducting the survey for Petitioners land Sy.No.'159/AA5 admeasuring AC.0.36, Sy.No.169/1 U admeasuring AC.0.04, Sy.No.173/2tu4 admeasuring AC.'1 -06 gts, situated at Shainpally Village, Bijinapally Mandal, Nagarkurnool District, Telangana State, inspite of representation dated 16-08-2021 made by the Petitioner as illegal, arbitrary in violation of principles of natural justice and in violation of Articles 14 and 21 of the Constitution of lndia and also against the equity and consequently direct the Respondents to conduct the survey for dry- Petitioners lands in Sy.No.159/AA5 admeasuring A(1.0.36, Sy.No.169i1 U admeasuring AC.0.04, Sy.No.173/2Al4 admeasuring AC.'l -06 gts, situated at Shainpally Village, Bijinapally Mandal, Nagarkurnool District, Telangana State. lA NO: 1 OF 2022 Petition under Section 15'1 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 Respondent to consider the representation dated 16-08-2021 made by the Petitioner and conduct the survey for Petitioner's larrd in Sy.No.159/AA5 admeasuring AC.0.36, Sy.No.'169/1U admeasuring AC.0 04, Sy. No.173l2Al4 admeasuring AC.1-06 gts, situated at Shainpally Villagr:, Bijinapally lVlandal, Nagarkurnool District, Telangana State, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI D.V.SHRIKANTH Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER a THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION N0.41339 of 2022 i ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the follorving relief/ s:- Sy.No.169/ 1U "... issue order an appropriate Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents not conducting the survey for Petitioner's land Sy.No.159/AA5 admeasuring Ac.0.36, admeasuring Ac.0.04, Sy,No.173/2A/4 admeasuring Ac.i-06 gts, sltuated at Shainpally Village. Br3inapallv Mandal, Nagarkuri-rool District, Telangana State, inspitc o[ representatirrn dated l6-CA-2021 made by the Petitioner as illegal, arbitrary in violation of principles o[ natural justice and in violzrtion of Articles 14 and 21 of the Constitution of India and also against the equity ancl consequently direct the Respondents to conduct the survey for Petiticner's lands in Sy.No. f 59/AA5 admeasuring Ac.0.36, Sy.No.169/tU admeasuring AC.0.04, Sy.No.t73/2A14 admeasuring AC.1-06 gts, sttuated at Shainpally Village, Bijinapa-lly Mandal, Nagarkurnool District, Telangana State, and pass such other order or orders ..."

2. Heard Mr.D.V. Srikanth, learned counsel for the petitioner and Mr.Sahas Reddy, learned Assistant Government pleader for Revenue representing learned Government Pleader for Revenue appearing for respondents. Perused the record.

3. The brief facts of the case are that the petitioner is the absolute owner of land admeasuring Ac.O.36 gts in Sy.No. 159/AA5, land admeasuring Ac.O.O4 gts in Sy.No.i69llU, land admeasuring Ac. 1-06 gts in Sv.No.173/2A/4 situated at Shainpally Village, Bijinapally Mandal, Nagarkurnool District, .l- \. \ 2 Telangana State; that the revenue authorities had issued Pattadar Passbook and Title Deed vide Pattaclar Passbook No. T03040200103, Khata No.183 in favour of th: petitioner; that the petitioner was unable to find out the b rundzrries of the subject 1ar-rds; that he is not able to enjoy the,rbovt: said lands; that the petitioner made a representation datr:d 15.03.2017 to respondent No.5 and subsequently another rep.'esentation dated

16.08.202 I to the Deput_v Director, Survev & Settlement Department, Nagarkurnool with a request to cc,nr|-rct suney for the above said lands and paicl the challan for an amount of Rs.350/- for conducting survey, but the samo were not considered til1 date. Aggrieved by the same, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner seeks a <lirection to respondent. No.5 to consider the reprer;entation dated

15.03.2017 submitted by the petitioner and pass appropriate orders

5. Learned Assistant Government Pleader for Revenue contends that the representation dated 15.03.2Oi7 made by the petitioner couid not be considered till date as thr: Jslsngana Bhu Bharathi Act, 2OO5 (for short, "the Act") has come into vogue. l I l I I t i 3 Therefore, he seeks a direction to the petitioner to file a fresh application in terms of the Act before the respondent authorities and that the same would be considered as per iaw.

6. Having regard to the submissions ofl. both the learned counsel and upon considering the material available on record, this Court is inclined to dispose of the Writ petition by directing respondent No.5 to consider the representation dated

15.03.2017 submitted by the petitioner and pass appropriate orders, as per law, as expeditiously as possible. No costs. Miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPYII SD/. U. SUDHA SISTANT REGISTRAR SECTION OFFICER 1 The Principal Secretary, Revenue Department, of Telangana. retariat, Hyderabad, State

2. The District Collector, Nagarkurnool District, Telangana State 3. The Tahsildar, Bijinapally IVlandal, Nagarkurnool District, Telangana State 4 6 6 7 BSR PVL The"Mandal Surveyor, Bijinapally Mandal, Nagarkurnool District, Telangana The Assistant Director of Survey, and Setflements Land Records, Nagarkurnool Diskict, Telangana Stai6' One CC to SRI D.V.SHRtKANTH, Advocate tOpUCl Iy&:r?:J"r."rtFoR REVENUE' Hish court ror the state or retansana at Two CD Copies hrlrgv' 'S:--- tAIl')\:' - t,-:.'j '- :.\1" 't(t i\ '':-.\i zffi ,:'.i1 : ! ..,, j .:,,, HIGH COURT DATED: 0210912025 ORDER WP.No.41339 of 2022 orr i t1tr i) 2[SEP () I \ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS N