The High Court dismissed a writ petition challenging inaction in conducting a land survey. Holding that a fresh survey notice was issued and no inordinate delay was established at that stage, the court left the matter open for future remedies if delays arise later.
Petition dismissed; leaving open remedies if inordinate delay occurs in future.
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HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD . (Special Original Jurisdiction)
WEDNESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRIJUSTICE P NAVEEN RAO
WRIT PETITION NO: 17564 OF 2021
Between:
AND
...RESPONDENTS
Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction one in the nature of ltr'landamus declaring the in action of the respondents No.3 to 5 in fixing the boundaries pursuant to the survey notice daied 2810612021 to the land admeasuring Ac.04-07 gts in Sy.No.359/A/1 situated at Jeevangi Village, Basheerabad Mandal, Tandoor, Vikarabad District is illegal, arbitrary and unco nstitutiona I and consequently direct the respondents No.3 to 5 to fix the boundaries of the land admeasuring Ac.04-07 gts in survey No.359/A/1 more specifically Western side boundary line between survey No. 359/A/1 and 23813 situated at Jeevangi Village, Basheerabad [t4andal, Tandoor, Vikarabad District
lA NO: 1 OF 2021
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to issueinterim directions to the 4th and srh respondent to fix the boundary of theAc.04-07gts in Sy.No.359/A/'l situated at Jeevangi Village, BasheerabadMandal, Tandoor, Vikarabad District and land assigned to the 4th respondent to an extent ofAc.O1.90 gts in Sy.No.238/3 and also remove the encroachment made by the Sth respondent which is in excess possession of the more than land assigned to himpending disposal of the writ petition
Counsel for the Petitioner : SRI RAJAGOPALLAVAN TAYI
Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE
Counsel for the Respondent No.6 : -
The Court made the following: ORDER
WRIT PETITION No.17564 of 2O2L
HONOURABLE SRI JUSTICE P,NAVEEN RAO
ORDER:
This n'rit petition is fited praying togrant thefollowing relief:
"...to issus a writ, order or direction one in the natureof Mandamur; declaring the in action of therespondentsNos.3 to 5 in fixir.rg the boundaries pursuant to the surveynoticedated 28.06.202\ to the land admeasuring Acs.04.07gtsin Sy.No.359,'A/ 1, situated at Jeevangi Village,Basheerabad Mandal, Tandoor, Vikarabad District is illegal,arbitrary and unconstitu tional and consequently direct therespondentsNo.3 to 5 to fix the boundaries of the land admeasuringAcs.04,07 gts in survey No.359/A/ 1 more specifically Western side boundary line betrveen survey No.359/A ll and 23813 situated atJeevangi Village. Basheerabad Mandal ,Tandoor, vikarabad Districtandbe pleased to pass...."
-3-
notice or complaining against respondent Nos. 4 and 5, petitioners rushed to this Court immediateiy alleging inaction in conducting survey. Secondly, by the time the case is taken up, a second notice to conduct survey is already issued.
\
SD/.V.SUDHA ASSISTANT REG-ISTRAE\ //TRUE COPY' l\ '''
SECTION OFFICER
To 1 One CC to Sri Rajagopallavan Tayi, Advocate [OPUC] 2 Two CCs to GP for Revenue, High Court for the State of Telangana,Hyderabad lourl
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HIGH COURT
DATED:1 110812.021
ORDER
WP.No.17564 ctf 2021
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DISMISSING THE WRITPETITION
@tot1,8 St
3 issues framed by the court
Whether the writ petition alleging inaction in conducting land survey should be entertained.
Whether further interim relief is necessary when a fresh survey notice has been issued.
Whether inordinate delay exists in concluding the survey process.
B.Rajavardhan Reddy
B.Goverdhan Reddy
State of Telangana
District Collector, Vikarabad District
Revenue Divisional Officer, Tandur
Tahsildar, Basheerabad Mandal
P Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
