Partly allowed

Banoth Ramamurthy v. The Government of Andhra Pradesh

Telangana HC12 Nov 2013WP/32314/2013

Case brief

AI extract

What is this about?

The court held the respondent authority exceeded jurisdiction by opining on statutory powers instead of reporting a survey error. The court directed the respondent to re-include mistakenly merged private land in the correct survey number after providing personal hearing.

What did the court decide?

Unnumbered para of respondent No.3 struck down; respondent No.2 directed to correct survey error, give notice, hear petitioners, and complete the exercise within three months.

Banoth Ramamurthy Vs The Government of Andhra Pradesh — Land Acquisition | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.32314 of 2013

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12.11.2013

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Between:

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Banoth Ramamurthy and others

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…Petitioners

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And

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The Government of Andhra Pradesh, represented by its Principal Secretary, Hyderabad and others

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…Respondents

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Counsel for the petitioners: Sri Kowthuru Vinaya Kumar

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Counsel for respondents: Assistant Government Pleader 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 feeling aggrieved by the proceedings in Rc.No.A5/487/2011, dated 15.05.2013, of respondent No.3, whereby while finding that a survey error has taken place, by which a part of the land in survey No.137, which is admittedly a private land, and in possession of the petitioners, was erroneously merged in survey No.142 which is a Government land, respondent No.3, however, delved into the powers of respondent No.2 under Section 87 the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli and opined that respondent No.2 does not have the power to treat the Government land as patta land.

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On a careful reading of the impugned proceedings, I am of the opinion that respondent No.3 has exceeded his jurisdiction in trying to define the power of respondent No.2 to redress the grievance of the petitioners. If a survey error, by which the private land in survey No.137 was shown to have been wrongly included in survey No.142, it is not only the duty but also the responsibility of the competent authority to correct such survey error. Whether a specific provision in that regard exists or not, respondent No.3 ought to have sent his report to respondent No.2 by confining himself to the survey error leaving the rest for respondent No.2 to decide as to whether such survey error shall be corrected or not.

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Therefore, the unnumbered para (2) of the last page of the impugned proceedings dated 15.05.2013 of respondent No.3 is struck down. Respondent No.2 is directed to consider the rest of the said proceedings of respondent No.3 and take an appropriate decision to redress the grievance of the petitioners to exclude that part of the land,

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which was found to have been mistakenly included in survey No.142 and re-include the said land in survey No.137. Before taking such decision, respondent No.2 shall issue notice to the petitioners and afford an opportunity of personal hearing to them. He shall complete this exercise within a period of three 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, W.P.M.P.No.40177 of 2013 filed by the petitioners for interim relief shall stand disposed of as infructuous.

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__________________________ (C.V.NAGARJUNA REDDY, J) 12^th November, 2013 GHN

Banoth Ramamurthy v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Banoth Ramamurthy v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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