Disposed

Jai Jawahar Nagar Colony Welfare Committee, v. The District Collector, Ranga Reddy District

Telangana HC3 Oct 2013WP/28554/2013

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed to declare the District Collector's inaction in completing a land survey illegal. The petitioner alleged the survey was delayed to allow a rival to interfere with their land. The Court directed the Collector to either complete the survey or furnish the report upon direction.

What did the court decide?

Directed the District Collector to complete the survey with notice or furnish the report if already completed; allowed the petitioner to question the survey; disposed of the petition and a connected M

Jai Jawahar Nagar Colony Welfare Committee, Vs The District Collector, Ranga Reddy District — Telangana HC (2013) — LawSathi Research

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.28554 of 2013

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Dated 0 3 rd October, 2013

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Between: Jai Jawahar Nagar Colony Welfare Committee and

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…Petitioner

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The District Collector, Ranga Reddy District at Lakdi-ka-pool, Hyderabad and others

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…Respondents

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Counsel for the petitioner: Sri K.Rathangapani Reddy

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Counsel for respondent Nos.1 & 2: AGP for Revenue

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The Court made the following:

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ORDER:

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This writ petition is filed for a mandamus to declare the inaction of respondent No.2 in completing the survey and demarcating the boundaries in respect of the lands in Survey Nos.184 and 195 of Yapral Village as illegal and arbitrary.

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The petitioner pleaded that there is a serious boundary dispute between it and respondent No.3. The petitioner alleged that respondent No.3 is a land grabber and that in order to grab its land, he has made respondent No.4, who is the owner of the neighbouring land, to apply to respondent No.2 for survey and demarcation of the land in Survey Nos.184 and 195 and that respondent No.2 has issued notice, dated 06.02.2013, proposing to conduct survey and demarcation of the lands on 11.02.2013. That as no documents such as, village map and tippons, were brought by respondent No.2, the petitioner raised an objection for survey and respondent No.2 left the site saying that survey will be held on a subsequent date.

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The grievance of the petitioner is that though seven months had elapsed since then, respondent No.2 has not got the survey conducted giving scope for respondent No.3 to interfere with its lands.

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The learned Assistant Government Pleader for Revenue (Assignment), on instructions, submitted that survey was conducted by respondent No.2 and that the Assistant Director of Survey, Settlement and Land Records who conducted survey has not submitted the survey report as yet.

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Sri K.Rathangapani Reddy, learned counsel for the petitioner, has seriously disputed the said statement by stating that after 11.02.2013, respondent No.2 has never come to the site and that therefore, there was no possibility of survey having been completed as claimed by the learned Assistant Government Pleader.

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In the light of the grievance of the petitioner that survey work has not been completed, the petitioner is permitted to approach respondent No.2 with a written representation. On receipt of the representation, respondent No.2 shall consider the same and take appropriate measures for completion of the survey, if the same has not been done after giving notice to the representative of the petitioner and respondent No.4. Conversely, if survey work was completed in the presence of the representative of the petitioner, the survey report shall be furnished to the petitioner as soon as the Assistant Director of Survey, Settlement and Land Records sends the survey report to respondent No.2. If the petitioner feels aggrieved by such survey, it shall be free to avail appropriate remedy for questioning the same.

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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, W.P.M.P.No.35433 of 2013 shall stand disposed of as infructuous.

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03^rd October, 2013 VGB

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C.V.NAGARJUNA REDDY, J

Jai Jawahar Nagar Colony Welfare Committee, v. The District Collector, Ranga Reddy District

Case brief

What is this about?

What did the court decide?

Jai Jawahar Nagar Colony Welfare Committee, v. The District Collector, Ranga Reddy District

Case brief

What is this about?

What did the court decide?

What the court decided

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