The High Court disposed of a writ petition challenging a memo proposing an independent land survey, holding the petition infructuous as the proposed survey date had passed.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28397 of 2013
Date: 01.10.2013
Between:
Nalmela Narsaiah @ Narsa Reddy
.. Petitioner
and
The District Collector, Nizamabad and another
.. Respondents
Counsel for the Petitioner: Sri Syed Khadar Masthan for Sri B.Vijaysen Reddy
Counsel for respondents: Assistant Government Pleader
for Revenue
ORDER:
This writ petition is filed for a mandamus to set aside memo in file No.B/13019/2008 dated 25.09.2013 of respondent No.2.
At the hearing, Sri Syed Khadar Masthan, learned counsel representing Sri B.Vijaysen Reddy, learned counsel for the petitioner, submitted that his client has never made an application for survey and demarcation of the land and that the impugned memo was issued as if the survey was proposed to be held on the petitioner’s application.
The learned Assistant Government Pleader for Revenue (Telangana Area) submitted that the impugned memo has mentioned ‘30.09.2013’ as the date on which the survey was proposed to be held and that since the said date is past, the cause in the writ petition does not survive for adjudication.
In the light of the fact that the survey was proposed to be held on 30.09.2013, the cause in the writ petition has become infructuous. However, if the petitioner feels aggrieved by any action that may be taken based on the survey that may have been held in pursuance of the impugned memo, he is entitled to avail appropriate remedy questioning the correctness of the survey.
Subject to the liberty given as above, the Writ Petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.35254 of 2013 filed by the petitioner for interim relief shall stand disposed of as infructuous.
_____________________ C.V.NAGARJUNA REDDY, J
01st October, 2013 GHN
Nalmela Narsaiah @ Narsa Reddy
The District Collector, Nizamabad
another
C.V.Nagarjuna Reddy
As recorded by the court registry
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