Telangana High Court
WP/25056/2004 of Afghan Babu Suleman Vs Mandal Revenue Officer, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25056 of 2004 Between: Afghan Babu Suleman S/o Mahammed Ali Resident of Yemmiganur,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25056 of 2004
Between:
Afghan Babu Suleman S/o Mahammed AliResident of Yemmiganur, Kurnool District.
AND
..... PETITIONER
1 Mandal Revenue Officer, Yemmiganur, Kurnool District.
2 Mandal Surveyor, Yemmiganur Mandal. Yemmiganur, Kurnool District
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toIssue a writ order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the respondents in not conducting the survey andto fix the boundaries inS.No.229 admeasuring Ac.2-25 of Yemmiganur Village andS.No.406-A admeasuring Ac. 0-90, of K.Nagalapuram Village, Yemmiganur Mandal,Kurnool District as arbitrary, illegal and unsustainable and direct the respondents toconduct the survey and fix the boundaries for the above said properties .
Counsel for the Petitioner: MR. K.VENKATARAO
Counsel for the Respondents: GP FOR REVENUE
The Court made the following :
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.25056 OF 2004
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Heard both sides and with their consent, the writ petition is disposed of at the stageof admission.
Petitioner states that consequent upon the registered partition deed dated15.7.1944, executed by his father, the land admeasuring Ac. 2.25 cents in SyNo.229 of Yemmiganur village and Ac.0.90 cents of land in Sy.No.406-A of K.Nagalapuram village in Yemmiganur Mandal devolved upon him. He further statesthat, in his absence, the villagers tried to occupy the said lands and in order tosafeguard his property from encroachers, he made requisition to the respondents on27.7.2004 and 4.10.2004, by paying the requisite fee, to conduct survey and fix theboundaries. Since the respondents have not responded to his requisition, he alsogot issued a registered legal notice dated 20-10-2004 to the respondents, but for thereasons best known to them, the respondents have not taken any action on therequisitions made by him. Hence, the writ petition.
Learned counsel for the petitioner submits that, if the respondents do not conduct thesurvey and fix up the boundaries to the lands of the petitioner, there is everypossibility for encroachment.
Having regard to the facts and circumstances of the case, and since the ownershipof the petitioner over the said lands is not disputed, it would suffice if a direction isgiven to the respondents to consider and dispose of the representations made by thepetitioner, in accordance with rules.
Accordingly, the writ petition is disposed of directing the respondents to considerand dispose of the representation made by the petitioner for conduct of survey of hisland and for fixing boundaries, in accordance with law, expeditiously. No costs.
SD/- P.V.RADHAKRISHNA RAO
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 Mandal Revenue Officer, Yemmiganur, Kurnool District.
2 Mandal Surveyor, Yemmiganur Mandal. Yemmiganur, Kurnool District 3 Two copies to G.P. for Revenue, High Court buildings, Hyderabad.
4. Two CD copies.
5. One CC to Mr. K. Venkata Rao, Advocate. (OPUC)
P.M.
Dated: 31-12-2004
ORDER
WP.NO. 25056 OF 2004
Disposing of the WPWithout costs.