Petitioner writ petition was disposed of by permitting him to file an appeal against the impugned survey order under relevant circular instructions as the appropriate remedy.
Petitioner permitted to file appeal against the impugned order; WPMP disposed as infructuous.
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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.30121 of 2013
Date:22.10.2013
Between: V.Sri Ramulu, S/o Late Durgaiah
..... Petitioner
And
The District Collector, Ranga Reddy District, Hyderabad and two others.
.....Respondents
Counsel for the Petitioner: Sri S.M.Subhan Counsel for the Respondents: AGP for Revenue
The Court made the following: ORDER:
This Writ Petition is filed feeling aggrieved by proceedings in Rc.No.A5/2275/2013, dated 09.10.2013, of respondent No.3 whereunder it was informed to respondent No.2 that he has conducted verification of Survey No.12 of Upperpally Village and Survey No.377 of Attapur Village with the help of map and copy of Tippon and found that the bi-junction point is available on the ground between Survey Nos.12 and 4 of Hyderguda Village. Respondent No.3 has further informed that after verification of Survey No.377 of Attapur Village with the help of Village map, he has fixed the boundaries and demarcation of the Survey numbers revealed that there is an overlapping between Survey No.12 of Upperpally Village (Government land) and Survey No.377 of Attapur Village to an extent of Ac.1.07 guntas.
Sri S.M.Subhan, the learned counsel for the petitioner, submitted that respondent No.3 has illegally conducted the alleged verification/survey though on two previous occasions, survey was conducted and nothing adverse to the petitioner’s interests were pointed out.
The learned Assistant Government Pleader for Revenue (Telangana area) submitted that as the petitioner feels aggrieved by the alleged survey conducted by respondent No.3, as per the circular instructions in Circular Rc.No.N1/6543/99, dated 25.07.2001, issued by the Special Commissioner and Director, Survey, Settlements and Land Records under para-20 to Board Standing Order 34-A, an appeal will lie to the Regional Deputy Director, Hyderabad.
In asmuch as the petitioner is aggrieved by the survey held by respondent No.3 in the report submitted by him, it is appropriate, as pointed by the learned Assistant Government Pleader, that, he avails the remedy of an appeal.
Accordingly, without expressing any opinion on the merits of the case, the Writ Petition is disposed of by permitting the petitioner to file an appeal against the order impugned in this Writ Petition.
As a sequel to disposal of the Writ Petition, WPMP.No.37407 of 2013 is disposed of as infructuous.
____________________________ JUSTICE C.V.NAGARJUNA REDDY
22nd October, 2013 DR
V.Sri Ramulu
The District Collector, Ranga Reddy District, Hyderabad
C.V.Nagarjuna Reddy
As recorded by the court registry
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