K. M. Raziuddin Ahmed v. The State of Telangana

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 writ order or direction more particularly one in the nature of Mandamus declaring the inaction of the Respondent No. 3 and Appellate Authority in non-considering the Petitioners Appeal dated 1911012014 and not initiating to dispose the Appeal of the Petitioner even after the stipulated period of the Online Application of the Petitioner vide No. 4ODO224200O66504 dated 1911012024 tiled against the Respondent No. 4 Memo vide File No. MS/870/2024 daled 0511012024 is highly illegal. arbitrary, u nconstitutional and violation of Articles 14, 15,21 and 300-4 of the Constitution of lndia and also violation of the Principles of Natural Justice consequently direct the Respondent No.3 and Appellate Authority to dispose off by directing the survey as per the application dated 2210512024 as ,r early as possible, subject to the any other date to be fixed by this Hon'ble Court in accordance with survey instructions and in accordance with law. lA NO: 1 OF 2024 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 Respondent No 3 and Appellate Authority to dispose off by directing the survey as per the application dated 2210512024 as early as possible, subject to the any other date to be fixed by this Hon'ble Court in accordance with survey instructions and in accordance with law, pending disposal of Writ Petition. Counsel for the Petitioner: SRI M. SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER I I I 7 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.37164 of 2024 ORDER: This Writ Petition, under Article 226 of the Constirution of India, is frled seeking the following relief: "...1o issue Lurit, order or direction more particularlg one ur the nature of Mandamus declaring the inaction of the Respondent No.3 and Appellate AuthoitA in non-constdeing the Petitioners Appeal dated 19/10/2014 and not initiating to dispose the Appeat of the Petitioner euen after the stipulated peiod of the Online Application of the Petitioner uide No.A0D02242OOO66SO4 dated 19/ 10/ 2024 filed against the Respondent No.4 Memo uide File No.MS/870/2024 dated 05/10/2024 is highlg illegal, arbitrary unconstitutional and uiolatton of Articles 14, 15, 2l and 3O0A of the Constitution of India and also uiolation of the Principles of Natural Justice consequentlg direct tlrc Respondent No.3 and Appellate Authoitg to dispose off bg directing the surveg as per the applicotion dated 22/05/2024 os earlll os possible subject to the anA other date to be fixed bg tlus Honourable Court in accordance with surueA instr.tctiorr-s artd in qccordance uith law ... "

2. Considered the submissions of the learned counsel for the respective parties arrd perused the record.

3. It is stated that the petitioner is the owner and possessor of land admeasuring Ac.l.27 guntas in Sy.No.37O situated at Sultan Nagar, Pargi Village, Vikarabad, wherein an extent of Ac.l.ll guntas has been acquired by the Government in the year 1978-79 and subsequently, the I n 2 remaining extent of Ac.O. 16 guntas was sub-divided as Sy.Nos.37O/AA ar,d 37OlE and he is in peaceful possession of the same. It is further stated that disputing the identification and localization of the subject land, when the third parties have interfered with the peaceful possession of the petitioner, he submitted an online application dated

22.05.2024 before respondent No.4 for conducting survey and hxation of boundaries, but without conducting any survey, respondent No.4 issued memo vide File No.MS/87OI2O24 dated O5.1O.2O24 stating that Tippan (record) in respect of the said survey number is not available; and aggrieved by the same, the petitioner preferred an appeal, dated 19.lO.2O24 before the appellate authority- respondent No.3 as per the circular instructions vide CCLA's Circular No.ll2O24, dated 28.02.2O24 issued by the Chief Commissioner of Land Administration. The grievance of the petitioner is that even after receiving the said appeal, the respondent authorities are not considering the same for conducting survey and hxation of boundaries in respect of the subject land arrd taking advantage of the pendency of the said appeal, third parties are making efforts to dispossess / interfere with his peaceful possession and causing inconvenience for his enjoyment over the subject lands.

4. In view of the above, since it is stated that the petitioner has submitted an appeal before respondent No.3, this Court without expressing any opinion with regard to the right and entitlement of the petitioner as a pattadar of the subject lands, deems it appropriate to dispose of this writ petition directing respondent No.3 to dispose of the appeal, dated

19.10.2024 filed by the petitioner, within a period of trvo (2) months from the date of receipt of a copy of this order, after issuing notices to all the interested/ effected persons

5. With the above observations, this writ petition 1S clisposed oL No order as to costs Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/.A.V.S.PRASAD ASSISTANT REGISTRAR I SE ION OFFICER To, \

1. The Principal Secretary, Revenue Department, Secretariat, The State of Telangana, Hyderabad.

2. The District Collector, Vikarabad District. 3. The Revenue Divisional Officer, Vikarabad Revenue Division, Vikarabad District. The Tahsildar, Pargi, Pargi Mandal, Vikarabad District. One CC to Sri M. Srinivas, Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 4 5 6 7 HIGH COURT DATED:0210112025 .-1 AIE oF .9 o _h + 4 ORDER tt\ 1\ WP.No.37164 of 2024 {ra r\i :,P ir' DISPOSING OF THE WRIT PETITION WITHOUT COSTS @o*'u W