WP/19801/2020 of ANAND NAGAR COLONY PLOT OWNERS (MEMBERS) ASSOCIATION (R.EGD No.333/2020) AND 2 OTHERS Vs The Principal Secretary (Revenue) and 4 Others on 30 December 2020

ORDER:

This Writ Petition, under Article 226 of the Constitution ofIndia is filed by the petitioners, wherein, the following [prayer ]ismade:

",..,to issue a Writ, Order or a direction more particularlyone in the nature of Writ of Mandamus declaring theaction of the Respondent in not conducting survey of thelands in Survey Numbers.S4 to 1a7,2O4,237 to 243 and245 to 251 of Patighanapur Village, sangareddy Taluq,Medak District, in spite of applications made by thePetitioner No.1 dated 13.10.2020 as arbitrary, illegal andviolation of Article 14, 19 & 21 of The Constitution ofIndia and direct the Respondents to conduct the surveyof the land in Survey Numbers.S4 to 187, 2O4, 237 to243 and 245 to 251 of Patighanapur village, SangareddyTaluq, Medak District and fix the boundary stones aroundthe layout of the land of Anandnagar Colony and passsuch other order or orders.,.,"

2. With the consent of both the parties, the present WritPetition is disposed of at the admission stage itself.

3. The learned counsel for the petitioners has contended thatthe matter is squarely covered by the common order, dated28.04.2076, passed by this Court in W.P.No.4B11 of 2011 andbatch. Therefore, the writ petition may be allowed in terms ofthe above referred common order.

4. The learned Assistant Government Pleader for Revenueappearing for the respondents has fairly conceded that thecommon order dated 28.04.2076 passed by this Court inW.P.No.4B11 of 2011 and batch, covers the /is in question

5. A reading oF the common order dated 28.04.2016 passedin W.P.No.4811 of 2011 and batch, reveals that this Court while I

dealing with the manner in which survey is required to beconducted in respect of lands in dispute and taking intoconsideration the Circulars issued by the Commissioner, Survey,Settlements and Land Records, has held as under:

"23. In view of the above facts and circumstances, thewrit petitions are disposed of directing the respondent-authorities to consider the applications of the petitionersfor survey and demarcation of lands after receivingnecessary charges, keeping in view the Circulars videRc.No.N1/1408/07, dated 13-07-2007, Rc. No. N 1/6543/99,dated 25.07.2001 and Circular vide Rc.No.N2/1741/2010,dated 18-05-2010 and also in terms of the judgment ofW.A.No.618 of 2013 and also keeping in view of theprovisions of Sections 89, 89-A and 92 of the Act and takenecessary action and communicate the decision to theparties. It is open for the petitioners to prefer appealagainst the said order, if they are aggrieved in terms ofcirculars referred to above. "

6. In view oF the above, the present Writ Petition is disposed of in terms of the common order, dated 28.04.2016, passed inW.P.No.4B11 of 2011 and batch. The above said exercise shallbe completed within a period of three (3) months from the dateof receipt of a copy of this order.

The miscellaneous petitions pending/ if any, shall stand closed. No order as to costs.

SD/-I.NAGALAKSHMIASSISTANT BqGIStrRAR\l-,'SECTION OFFICER

,TRUE COPY/I

To,

1. The Principal Secretary (Revenue), Government of Telangana State, Secretariat,Hyderabad.Hyderabad.

2. The Commissioner Survey and Settlement and Land Records, Narayanaguda,Hyderabad.Hyderabad.

3, The Asst. Director of Survey and Land Records, Office of The District Collector,Sangareddy Dt,, Sangareddy, T.S.Sangareddy Dt,, Sangareddy, T.S.

4. The Tahsildar, Patancheru lt/andal, Patancheru, Sanga Reddy District, T.S.

5. The tt/landal Surveyor, Patancheru lV]andal, Patancheru, Sanga Reddy District,

6. One CC to Sri Karumanchi Venkateswarlu, Advocate IOPUC]

7. Two CCs to GP for Revenue, High Court for the State of Telanganaat Hyderabad. [OUT]at Hyderabad. [OUT]

B. Two CD Copies

(Along with a copy of order d1:2810412016 in W.P.No.4B1 1 of 2011 and Batch)

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HIGH COURT

DATED:3011212020

ORDERWP.No.19801 of 2020

DISPOSING OF THE WPWITHOUT COSTS

l tlE [s14]3, 11lAN202lZj!..,')[*]-r.\...i-- HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION Nos.4811 of 2O11, 3L799,38450 of2014. 695. 704. 705. 706. 851. 1286. 1317. 1363.1385, 1387, 1696,2082, 2L69,2252,244L,298L,ss88, alaz,4209.8572.8784, a902. 92a7.9572.9750. 9820. 9831 . 10043. 11401. LL42a. L2549.13332, 13439. 16158. 16306, L75L4, La767.19189.L9722 of 2015 and W.P.No. 24695 of 2OO9

COMMON ORDER:

Since issue involved in these matters is one andthe same, a1l these writ petitions are disposed of [by this]common order.

In all these writ petitions, it is the case of thepetitioners that they have made representations to therespondent-authorities for conducting survey [and]demarcation of their lands and that [they ][have ][paid]necessary charges and inspite of the same, the survey [is]not being conducted. In some of the [cases, ][it ][is ][the ][case]of the petitioners that the respondent-authorities [are ][not]receiving necessary charges towards conducting [of survey]and demarcation of their lands. [Aggrieved ][by the ][said]action, the present writ [petitions ]are [Iiled ][seeking]directions to receive representations and [necessary]charges for conducting survey and demarcation [of ][the]lands of the petitioners.

Common counter affidavit is filed admitting thatthe Government has issued Circulars in respect of surveyof lands subject to conditions that the persons seekingsurvey are required to produce certain documentsin terms of Circulars and only on compliance of saidconditions, the survey would be conducted. Since thepetitioners have not complied with the conditionsstipulated in the Circulars, they are not entitled for anydirections. As such, sought for dismissal of the writpetitions.

Learned counsel for the petitioners while relying onthe judgment, dated 14-06-2013, passed by a DivisionBench of this Court in W.A.No.618 of 2013 submits thatbasing on the Circulars issued by the Government, theWrit Appeal was disposed of directing the respondent-authorities to conduct survey and issue necessary surveyreport/proceedings to the appellant/petitioner therein.

Learned Government Pleader for Revenue by placingreliance on the Circulars vide Rc.No.Nl/1408/OT, datedreliance on the Circulars vide Rc.No.Nl/1408/OT, datedL3-O7-2OO7, Rc.No.Nl/6543 199, dated 25-07-2001 andCircular vide Rc.No.N2l 174l 12010, dated 18-05-2010issued by the Commissioner, Survey, Settleme.nts andLand Records, submits that unless the petitionersissued by the Commissioner, Survey, Settleme.nts andLand Records, submits that unless the petitioners

comply the conditions laid down in [the ][said ][Circulars,]they cannot, as a matter of right, seek directions [for]conducting the survey and demarcation [of their ][lands.]The Circulars are issued only to [facilitate ][the ][survey of]private lands. He also submits that in W.A.No.618 [of]2013, relied on by the learned counsel [for ][the petitioners,]a direction was issued for [compliance ][of ][conditions ][and]after production of relevant [documents ][for ][survey ][as]sought by the respondents in [Memo ][dated ][16-O4-2012]and reminder Memo dated 10-O6-2013, [the ][respondents]are directed to conduct survey [and ][issue ][necessary]report/proceedings to the appellant [therein. ][Learned]Government Pleader basing [on ][the ][counter submits ][that]in of the [plots ][situated ][in ][approved ][layouts ][of]respect Municipalities and Municipal [Corporations, ][the ][survey]cannot be conducted by [the ][Survey ][department and ][it ][is]for the licensed suryeyors [licensed ][by ][the ][Corporations to]conduct the survey.

A perusal of the Circulars [relied ][on by the ][learned]Government Pleader for [Revenue ][goes ][to ][show ][that]subject to compliance of [conditions ][in ][the ][Circulars,]can be undertaken. [The Division ][Bench ][in ][the]survey said Judgment also considered [the ][effect of ][Circulars ][and]set aside the order of [learned ][Single ][Judge. ][Learned]

counsel for the petitioners also not disputed that thepetitioners have to comply the conditions in the Circularsrelied on by the learned Government Pleader for Revenue.In fact, Division Bench issued directions basing on theCirculars. Learned Government Pleader for Revenue alsostates that while taking up the survey and demarcationof the lands, the Survey Department has to follow thepetitioners have to comply the conditions in the Circularsrelied on by the learned Government Pleader for Revenue.In fact, Division Bench issued directions basing on theCirculars. Learned Government Pleader for Revenue alsostates that while taking up the survey and demarcationof the lands, the Survey Department has to follow theprovisions under Sections 89, 89-A and 92 of the And.hraPradesh (Telangana Area) Land Revenue Act, 1317 Fasli(For short " the Act").Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli(For short " the Act").

In view of the above facts and circumstances, thewrit petitions are disposed of directing the respondent-authorities to consider the applications of the petitionersfor survey and demarcation of lands after receivingnecessary charges, keeping in view theCirculars vide Rc.No.Ni/1408/07, dated l3-OT-2007,Rc.No.Nl/6543199, dated 25-07-2O01 and Circular videRc.No.N2/ 174l 18-05-2010 and alsol2OlO, dated in terms of the judgment in W.A.No.618 of 2013 and alsokeeping in view the provisions of Sections 89, 89-A and92 of the Act and take necessary action andcommunicate the decision to the parties. It is open forthe petitioners to prefer appeal against the said order, ifthey are aggrieved in terms of circulars referred to above.

Miscellaneous Petitions, if any, [pending ]in thesewrit petitions shall stand closed.

28-O4-2016nvl

A.RAJASHEKER REDDY,J