Telangana High Court
WRIT PETITION 26941 on 31 December 2019
TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARYTWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT PETITION NO: 1636 OF 2020
Between:
1. Jadi Venkatesh, S/o J.Thirupathi, Aged about 24 years, Occ. agriculture,Rl/o Bopparam village, Nennel mandal,Mancherial Dist.2Jadi Rajashekar, S/o Thirupathi, Aged about 27 year Occ. agriculture,Fl/o Bopparam village, Nennel mandal, Mancherial Dist.,..PETITIONERS
AND
1The State of Telangana, rep by its Principal Secretary, Revenue Department,Secretariat, Hyderabad.2The Tahasildar, Nennel lrilandal, Mancherial District.(C.T. is amended as per C.O. dt.0210712021 in l.A.No.1/2021)
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be [pleased ][to]issue a Writ, Order or Direction more particularly one in the nature of mandamusdeclare the inaction of the respondents in conducting the survey of the lands [in]survey No. 714 extent 9.02 gts situated at Nennel village and Mandal, [l\,4ancherial]dislrict demarcating and fixing the boundaries for the lands of the [petitioner ]basing onthe F line application vide DER021900458198 dated 3111212019 as arbitrary andillegal and also violative of Article 14 and 16 of the Constitution of lndia andconsequently direct the respondents to conduct the survey basing on the F lineapplication dt31 .12.2019 and demarcate and fix the boundairs for the lands.
lA NO: 1 OF 2020
Petition under Section 151 CPC [praying ]that in the circumstances stated in theaffidavit filed in support of the [petition, ]the High Court may be [pleased ]to direct therespondent No 2 to consider the F line application vide No. DER021900458198daled 311121201 9 for conducting the survey, demarcating and fixing the boundariesfor the land in survey No. 714 extent 9.02 gts situated at Nennel village and Mandal,Mancherial district.
Counsel for the Petitioner : SRI G. MADHUSUDHAN REDDY
Counsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE [A.RAJASHEKER ][REDDY]
\IIRIT PETITION No.1636 of 2O2O
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ORDER:
This Writ Petition, under Article 226 of the [Constitution ][of]lndia, is filed seeking the following relief:
"to declare the inaction of the respondents inconducting the survey of the lands in Survey [No. ][714 ][extent]9.02 gts, situated at Nennel Village and Mandal, [Mancheria-l]District, demarcating and fi-xing the boundaries for [the]Iands of the petitioner basing on the F line application [vlde]DER021900458198 dated 31.12.2019 as arbitrary andillegal and also violati.ve of Article 14 and 16 of [the]Constitution of India and consequently direct [the]respondents to conduct the survey for the lands..."
2. Heard the learned counsel for the [petitioners ]and [the learned]Assistant Government Pleader for Revenue [appearing ]for [the]respondents.
3. Learned counsel for the [petitioners ]would submit that [the]issue involved in this Writ Petition is squarely covered [by the order]ol this Court, dated 05.12.2019, in [W.P.No.26941 ][of ][2019. ][The]same is not disputed by learned Assistant Government [Pleader for]Revenue appearing for the respondents.
4. In view of the same and following the said order, this [Writ]Petition is also disposed of and the 2nd [respondent, ][Tahsildar,]Nennel Mandal, Mancherial District, is directed to [consider ][the]application of the petitioners for conducting survey [and for ][lixing]boundaries, after issuing notice to the neighbourlng [land ][owners,]and thereafter pass appropriate orders, as per law. If the [2"d]respondent-Tahsildar is not accepting the application of the petitioners for survey, he shall intimate the same to the petitionersby a reasoned order. The entire exercise shall [be completed ][within]a period of six (6) weeks from the date of receipt [of ]a [copy ][of ][this]order.
Miscellaneous petitions, if any, [pending ][in ][this ][writ ][petition]shall stand closed. There sha1l be no [order ][as ][to ][costs.]
SD/-T.SRINIVASASSISTANT REGISTRAR
NOTE: That the description of Respondent No. 2which is read as ["The ]Tahsildar, BellampallyMandal" in the Cause Title as well as in the 3roline of Para 4 of the Order dated 28.01 .2O2O inW.P.No.1636 of 2020 is corrected andsubstituted as "The Tahsildar, Nennel Mandal" asper the Orders of Hon'ble Court dated02.07.2021 in l.A.No.1 of 2021 in W.P.No.1636ot 2020.
This amended order shall substitute the earlierorder which has already been dispatched on24.02.2020
Sd/.I.NAGA LAKSHMIASSISTANT REGISTRARSECTION OFFICER
,TRUE COPY//
To,
1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat,Hyderabad.Hyderabad.
2. The Tahasildar, Nennel Mandal, lr/ancherial District.
3. One CC to Sri G. Madhusudhan Reddy, Advocate [OPUC]
4. Two CCs to GP for Revenue, High Court for the State of Telanganaat Hyderabad. [OUT]at Hyderabad. [OUT]
5. Two CD Copies
(Along with a copy of order dt:05-12-20'19 in W.P.No.26941 of 2019 )SMN "-\--SMN "-\-- HIGH COURTDATED 281O1120200210712021
AMENDED ORDERWP.No.1636 ot 2020
DISPOSING OF THE WPWITHOUT COSTS
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