Disposed

Smt. Dandu Rajeshwari v. The State of Telangana

Telangana HC18 Dec 2023WP/34035/2023

Case brief

AI extract

What is this about?

This is an oral order in a writ petition filed against the Commissioner Survey and Settlements for inordinate delay in disposing of an appeal under the Telangana Survey and Boundaries Act, 1923 challenging a rejection of survey and demarcation. The petitioners complained of arbitrary inaction violating Articles 14 and 21 of the Constitution.

What did the court decide?

Directing the Commissioner Survey and Settlements to conduct an enquiry in the pending appeal and pass orders within two months.

Smt. Dandu Rajeshwari Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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IVONDAY, THE EIGHTEENTH DAY OF DECEN/BER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 34035 OF 2023

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Between:

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'1 . Smt. Dandu Rajeshwari, W/o Late Venkata Ramana Raju Aged about 65 years, Occ Housewife, R/o D. No- 1-19, Gudivada village Rayvaram Mandal, Visakhapatnam.

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P. Rama Raju, S/o P. Seetha Rama Raju, Aged about 69 years, Occ Business, R/o H. No. 7-1-6211301 , Flat No. 34, Jains Aassrita Apartments, S. R. Nagar Hyderabad.

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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2 Commissioner Survey and Settlements of Land Records, Door No 3-5-1088, Survey Bhavan, Narayanaguda, Hyderabad,500029 Telangana.

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3 Assistant Director, Survey and Land Records, Kongara Kalan Village, lbrahimpatnam, Telangana- 50'1 5'1 0.

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...RESPONDENTS

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Petition under Article 226 of lhe 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 particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not deciding the appeal dated 07-07-2023 against Endorsement No. A314212021 dated 17112122 of the 3rd respondent as highly illegal, arbitrary, and violative of Article 14 and 21 of the constitution of lndia and consequently direct the 2nd respondent to dispose of the appeal daled 07 -O7 -23 within 4 weeks in the interest of^justice.

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IA NO: oF 2023

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to dispose of the appeal dated 07-07-2023 filed by the petitioner against the endorsement dated il-12-2022 of the second respondent within 4 weeks, pending disposal of the above writ petition in the interest of justice.

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Counsel for the Petitioner: SRI T.K. SRIDHAR

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Counsel for the Respondents: ASST. Gp FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.34035 OF 2023

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ORDER:(ORAL)

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An appeal under Section 11 of the Telangana Survey and Boundaries Act, 1923 was filed by the petitioners before respondent No.2-Commissioner, Survey and Settlements of Land Records, Narayanaguda, Hyderabad, challenging the endorsement No.A3l42l2O21 daled 17.12.2022 issued by respondent No.3-Assistant Director, Survey and Land Records. The impugned endorsement daled 17.12.2022 was issued rejecting the request of the petitioners for survey and demarcation of their lands in Survey Nos.87, 88 and 91 of Bodakonda Village, Manchal Mandal, Ranga Reddy District. The grievance of the petitioners is that they filed the appeal on 07.07.2023, but so far no action has been taken thereon and there is inordinate delay on the part of respondent No.2 in disposing of the appeal.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and perused the material available on record.

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ln the facts and circumstances of the case, the writ petition is disposed of directing respondent No.2 to forthwith conduct enquiry in the appeal filed by the^petitioners challenging the endorsement No.A3l42l2O21 dated 17.12.2022 issued by respondent No.3 and pass

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orders, in accordance with law, within a period of two (02) months from

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the date of receipt of a copy of this order. No order as to costs.

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As a sequel thereto, miscellaneous applications, if any, pending

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in the writ petition stand closed.

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SD/. P. CH. NI\GABHUSHAMBA

ASSISTANT REGISTRAR

//TRUE COPY//

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SECTION OFFICER

To,

The Principal Secretary, Revenue Deparlment, State of Telangana, Secretariat, Hyderabad.

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Commissioner Survey and Settlements of Land Records, Door No 3- 5- 1088, Survey Bhavan, Narayanaguda, Hyderabad,500029 Telangana-

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Assistant Director, Survey and Land Records, Kongara Kal;rn Village, lbrahimpatnam, Telangana- 501 51 0.

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One CC to SRI T.K. SRIDHAR, Advocate [OPUC]

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Two CCs lo GP FOR REVENUE, High Court for the State c,f Telangana. IOUT]

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Two CD Copies

B)&-

HIGH COURT

DATED:1811212023

ORDER

WP.No.34035 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Smt. Dandu Rajeshwari v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Dandu Rajeshwari v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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