Disposed

Rajesh Kumar Malpani v. The State of Andhra Pradesh

Telangana HC13 Dec 2013WP/2547/2013

Case brief

AI extract

What is this about?

The Court held that a dispute regarding the identity of the property in a sale deed cannot be resolved by a Writ Petition. It directed the Respondents to depute an Assistant Director to conduct a physical survey of the plot to determine the true boundaries. A survey report will be used to resolve the discrepancy between the survey maps and the sale deed.

What did the court decide?

Petitioner directed survey of property by Assistant Director within two months; interim orders disposed of as infructuous.

Rajesh Kumar Malpani Vs The State of Andhra Pradesh — Land Acquisition | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.2547 of 2013

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Date:13.12.2013

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Between: Rajesh Kumar Malpani, S/o Shanti Kumar Malpani

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..... Petitioner

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And:

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The Govt of A.P., reptd by its Principal Secretary, Revenue Department, Hyderabad and three others.

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.....Respondents

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Counsel for the Petitioner: Sri C.V.Mohan Reddy Senior counsel For Sri P.Lakshma Reddy

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Counsel for the Respondents: AGP for Revenue

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The Court made the following: ORDER:

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This Writ Petition is filed for a Mandamus to declare the action of the respondents in seeking to interfere with the petitioner’s construction of house in premises bearing GHMC.No.8-2-120/120/1, situated at Shaikpet (Noor Nagar/Nandi Nagar), Banjara Hills, Road No.10, Hyderabad, as illegal and arbitrary.

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For disposal of this Writ Petition detailed facts need not be recorded, for the respondents have not disputed the title of the petitioner in respect of the abovementioned premises. The only dispute raised by the respondents is that the property over which the petitioner

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is seeking to raise construction is different from the one covered by his sale deed, dated 09.08.2012. In other words, the dispute is confined only to the identity of the property. Such a dispute cannot be resolved by this Court.

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Therefore, respondent No.2 is directed to depute the Assistant Director, Survey, Settlement and Land Records to survey the plot with reference to the survey records, the boundaries mentioned in the sale deed, dated 09.08.2012, executed in favour of the petitioner by Smt Banda Chandramma and two others and also the boundaries mentioned in licence No.63/2006-08/Hyd, dated 03.07.2006, issued in Form-A4 by the Prohibition and Excise Superintendent, Hyderabad. The Assistant Director shall issue notices to the petitioner as well as respondent No.4, after fixing the date for survey. He shall conduct physical survey in the presence of both the parties with reference to the above-mentioned documents and furnish copies of the survey report to the petitioner as well as respondent No.4. If either party feels aggrieved by the survey report, it shall approach the competent civil Court for resolution of the dispute. The Assistant Director shall complete the above-mentioned exercise within a period of two months from the date of receipt of a copy of this order.

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Subject to the above directions, the Writ Petition is disposed of.

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As a sequel to disposal of the Writ Petition, interim order, dated 04.02.2013, in W.P.M.P.No.3101 of 2013 filed by the petitioner for interim relief and WVMP.No.2735 of 2013 are disposed of as infructuous.

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____________________________ JUSTICE C.V.NAGARJUNA REDDY

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13^th December, 2013

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Rajesh Kumar Malpani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Malpani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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