The High Court disposed of a writ petition seeking mandamus for survey and demarcation of land. The Court directed petitioners to submit an F-line application, upon which respondents must act within 45 days.
The Court directed petitioners to submit an F-line application; respondents must then act within 45 days to issue notices.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3183 I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY,THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: 33 145 0F 2023
Between:
AND
...PETITIONERS
...RESPONOENTS
Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ, order or direction more particurarry one in the nature of writ of Mandamus declaring the action of the respondents in not conducting survey and demarcating and fixing the boundaries in respect of the petitioners lands admeasuring Ac. 1.26 guntas in sy.No. 172t1tEl1 and 172t2tEt1 situated at Kotha Armoor Village, Armoor Mandal, Nizamabad District inspite of making application dt. 02-11-2023 and although notice were issued for conducting survey earlier vide Notice No. A2ls44l2o19 dt. 28-06-2021 as illegat, arbitrary, unjust and unconstitutionar and consequenfly direct the 6th respondent to forthwith conduct survey and demarcate and fix boundaries in respect of the Petitioners' lands admeasuring Ac. 1.26 guntas in sy.No. 17zl1tEl1 and 172l2lEl1 situated at Kotha Armoor Village, Armoor Mandal, Nizamabad District
T I I I I I :
1A NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondent No. 6 to conduct survey and demarcate and fix boundaries in respect of the Petitioners lands admeasuring Ac. 1.26 guntas in Sy.No. 172l1lEl1 and 172l2lEl1 situated at Kotha Armoor Village, Armoor Mandal, Nizamabad District
Counsel for the Petitioner: SRI G. SUNDARESAN
Counsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY
WRIT PETITIO N No.33145 0F 2023
ORDER: (ORAL)
This writ petition is filed by the petitioners seeking to declare action ol respondents in nol. conducting survey and demarcation by fixing boundary stones in the land admeasuring Ac.l_26 guntas in Survey Nos. l12/t/F.lI and 172/2lEll , situated at Kotha Armoor Village, Arrnoor Mandal, Nizamabad District, AS being illegal, arbitrary and unconstitutional.
2' Heard learned counser ror the petitioners and leamed Assistant Government Pleader for. Revenue appearing for respondents and perused the rnaterial available on r.ecord
2
subject land and pursuant to the application, respondent No.6 issued notice dated 28.06.2021 to all the neighbouring land owners intimating them that the survey would be conducted on 08.07.2021, but no survey was conducted on that day. On being advised, the petitioners submitted appl icationv ide Challan No. 63 03009299, dated 02.1 1.2023, to respondents for conducting suruey and demarcation by fixing boundary stones in the subject land but no action has been taken. The grievance of the petitioner is that there is delay on the part of respondents ln disposing of the application submitted by the petitioners, they are constrained to approach this Court.
3
District and on such apptication being submitted by the petitioners,
respondents No.4 and 5 shall take necessary action to dispose of the same and pass orders in accordance with law, by issuing notice to all concerned/interested persons, within a period of forty five (45) days lrom the datc olreceipt ofa copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending
in the writ petition stand closed.
SO/. P. PADMANABHA REODY ASSISTANT ts
//TRUE COPY//
SECTION OFFICER
To,
GJP
HIGH COURT
DATED:21 11212023
ORDER
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DEs PA-IC'I\ 1-"
WP.No.33145 ot 2023
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
/--/-
<br>\r-_
1 issue framed by the court
Whether the High Court should grant a writ of mandamus directing the Revenue Department to conduct a survey and demarcate the petitioners' land despite previous delays.
Narla Ramchander
Narla Rajendhran
State of Telangana
B. Vijaesen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
