In a writ petition challenging the inaction regarding land possession restoration, the High Court directed the respondent authorities to conduct a survey, demarcate the land within eight weeks, and notify the petitioner.
Direction to respondent authorities to conduct survey, demarcate the land, and notify petitioner within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
Writ Petition No.7057 of 2019
ORDER:
In this writ petition, filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus declaring the action of the respondents in not taking any action on the representation of petitioner dated 08.11.2018 for restoring the possession of petitioner’s land assigned to him in an extent of Ac.0.22 cents in R.S.No.200/2, Vinnakota Village, Gudlavalleru Mandal, Krishna District, as illegal and violative of the Articles 14 & 21 of the Constitution of India and for a consequential direction for restoration of the possession of petitioner and for further direction to the respondents to conduct survey to fix the boundaries and for giving sub-division numbers to the assigned land.
2. The respondents filed counter inter alia submitting that the extent of Ac.0.22 cents of land in R.S.No.200/2, Vinnakota Village, Gudlavalleru Mandal was assigned to him in the year 1983 and the same was sold away by him to one Smt. Kaki Chanti, w/o. Anjaiah in the year 2000 and pursuant to the directions of the Tahsildar, Gudlavalleru in his order dated 22.12.2011, the land was restored and given to the petitioner. The respondents further submit that survey of the land will be conducted in due course of time as and when the land is dried up as it was completely submerged in rain water.
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3. Heard Sri D.Suresh Kumar, learned counsel for petitioner, and the learned Government Pleader for Assignment representing the respondents.
4. Learned Government Pleader would submit that survey will be conducted in due course of time as and when the land is dried up after the rains are over.
5. In that view of the matter, this Writ Petition is disposed of directing the respondent authorities to conduct survey in respect of the land covered by Ac.0.22 cents in R.S.No.200/2, Vinnakota Village of Gudlavalleru Mandal, Krishna District, and other assigned land in that vicinity and demarcate them clearly and intimate to the petitioner, within eight (8) weeks from the date of receipt of a copy of this order. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J
13.11.2019
Note: Issue C.C. by 15.11.2019 (B/o) MVA
3 issues framed by the court
Whether non-action by respondents on representation for restoration of land possession was violative of Articles 14 and 21.
Whether respondents are directed to conduct survey and demarcate the assigned land.
Whether consequential relief for restoration of possession is granted.
2 provisions across 1 enactments
Petitioner
Respondent Authorities
U.DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
