Menga Sai Baba Vs The State of Telangana

Petition under Article 226^{of lhe constitutionof lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith, the High court may be} pleased to issue a writ, order or Direction^{more particularlyone in the nature} of Writ of [Vlandamus,^{declaring the inaction of the 3rd respondentin} considering^{petitioners request for survey of petitioners land to an extentof} Ac. O-23 Gts in Sy.^No ,¹ 99^and201 ,^{situated at Gopanpally Village'} Sherilingampally Mandal,^{Ranga Reddy District, made through petitioners} various online applications dated^{09 04.2019, 20.01.2021and 24.08.2021 as} illegal, arbitrary, malafide, unconstitutional^{and to consequentlydirect the 3rd} respondent to forthwith consider^{the petitionersvarious onlineapplications} dated 09.04.2019. 20.01 .2021^{and 24.08.2021by conductingsurvey of} petitioners land to an extent of Ac. 0-23^{Gts. in Sy. No. 199 and201 , situated} at Gopanpally Village,^{Sherilingampally Mandal,Ranga Reddy Districtand} demarcating the same as^{per the provisionsof the Telanganasurvey and} Boundaries Act,^'1 92 3.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that^{in tl e circumstances} stated in the affidavit filed in support of the^{petition, the Hig-r Court maybe} pleased to direct t.he 3rd respondent to forthwith^{conslder the petitioner's} various online applications dated 09.04.2019,^{20.01 .2021 & 24 08.2021 by} conducting survey^{,cf petitioner's} land to an extent^{of Ac 0- 2ll Gts. in Sy No'} 199. and 201, situated at Gopanpally Village,^{Sherilingampal y Mandal,Ranga} Reddy District ancJ demarcating the same as^{per the} F^{r'rvisions of the} Telangana Survey and Boundaries Act, 1923.

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Counsel for the Petitioner : SRI B.KIRAN^KUMAR

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Counsel for the Respondents: SRI^{H.RAKESHKUMAR, AGP FCR REVENUE} The Court made the following:^ORDER

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THE HONOURABLE SRI JUSTICE^{E.V.VENUGOPAL} WRIT PETITION No. 981^of2022

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ORDER:

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This writ petition is filed to^{issue appropriatewrit,} order or direction, more^{particulariy,a Writof} Mandamus, declaring the^{inaction of the 3'd respondent} in considering^{petitioner's request forsurveyof} petitioner's land to an extent^{of Ac.0.23 guntas in} Sy.No.lgg,2U., situated^{atGopanpaliyvillage,} Sherilingampally Mandal,^{Ranga Reddy District, made} through petitioner's^{various online applicationsdated} Og.O4.2}lg, 20.Ol.2O2l^{and 24.O8.2021as illegal,} arbitrary, malalide,^{unconstitutionaland to consequently} direct the 3'd respondent^{to forthwith consider the} petitioner's various online^{applicationsdated} Og.O4.2olg, 20.Ol.2O2l^{and 24.08.2021 by conducting} survey of petitioner's^{land and demarcating the sarneas} per the provisions of the^{Telangana Surveyand} Boundaries Act, 1923.

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Heard Sri B.Kiran Kumar,^{learned counselfor the} petitioner and Sri Rakesh^{Kumar, learned Assistant}

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Government Pleader for Revenue, appea_r ing for respondent Nos.1 to 3.

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Learned counsel for the petitioner woul I submit that the petitioner is the pattadar, possessor ol the land to arl extent of Ac.0.23 guntas of land situated in Sy.No. 199 and 201, Gopanpally Village, Sherilinq:rmpally Mandal, Ranga Reddy District (herein after re e rred as "subject land"). The petitioner submitted severa-l representations dated 09.O4.2019, 20.O1.2C,21 a-rld 24.08.2021 to respondent No.3 to conduct s:rvey in respect of the subject land. But, no action L a s been taken by respondent No.3. Hence, he would seek to give appropriate direction to respondent No.3 to cons;i,ler the representations made by the petitioner.

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Opposing the sarne, learned Assistant Governmenr Pleader for Revenue would subnti : that necessary application has to be made in accordarrc:e with law by the cetitioner to demonstrate that he is .Lre title holder of the subject land. It is further submitrerl that the documents relied upon by the petitioner d c not

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pertain to the petitioner's claim in^resPect of^subject land. In the absence of establishing the^{right of the} petitioner over the subject land, seeking to^conduct survey of the subject land in terms of the^Telangana Survey and Boundaries Act, 1923 does not^{hold any} consideration. Hence, he would seek to^{dismiss this writ} petition.

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Having heard learned counsel for^{the petitioner and} learned Assistant Government^{Pleader for Revenue,this} Court, without making any observation on^{merits and} demerits of the case, is inclined to^grant opPortunity^to the petitioner to file necessary fresh application^before the respondent authorities as the applications^filed before the authorities, are long back,^{which have} attained nullity as of now.^{Therefore,the petitioner is} directed to file fresh application^{beforethe respondent} authorities by properly estabiishing his^right over^the subject land to conduct survey by^{the respondent} authorities. After filing^such application,^{the respondent} authorities are directed to^{examinethe applicationfiled}

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by the pedtioner and pass appropriate orders irs; per the procedure established by law, as expedit,r o rrsl_v AS possible.

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With the above directions, this writ p:r r ition is disposed of

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Miscellaneous applications, if arry, pendrrrg shall

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stand closed.

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s t-l KA RJ U NA RAO i\ r{ T R EG s RAR //TRUE COPY// tJ,, (; TI o N o F F CER To, '1 . The Principal Secretary, Revenue Department, Se tflriat E;u ldings, State of Telangana, Hyderabad.

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