HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.6442 OF 2023
ORAL ORDER:
Heard Mr. S. Rahul Reddy, learned counsel for the petitioner and
learned Assistant Government Pleader for Assignment appearing on
behalf of the respondents.
2. The petitioner herein is claiming that he and his family members are the absolute owners and possessors of the land admeasuring Acs.3-08 guntas in Survey No.17/E/1, situated at Tharigoppula Village and Mandal, Jangaon District. According to them, the survey number is wrongly mentioned as 17/B/1 and 17/B1/2 instead of 17/E/1. They have submitted representations dated 25.02.2022 and 10.02.2022 with respondent No.3 herein with a request to correct wrong entries. The same were not considered and, therefore, they have filed a writ petition vide W.P. No.13569 of 2022 seeking a direction to respondent No.3 to correct the said wrong entries. Vide order dated 21.04.2022, this Court disposed of the said writ petition directing respondent No.3 herein to consider the aforesaid representations. 2
KL,J W.P. No.6442 of 2023
3. In compliance with the said order, respondent No.3 vide proceedings/endorsement dated 09.11.2022 directed the petitioner to file an application in 'Passbook Data Correction' Module in Dharani Portal for redressal of their grievance. According to Mr. S. Raghul Reddy, learned counsel, the petitioner herein had already submitted online application in December, 2022 seeking pass book, data correction etc. Respondent No.3 has to consider the same.
4. In the meanwhile, the petitioner herein has submitted F-Line application No.DER022000585528, dated 29.12.2020 with respondent No.5 with a request to conduct survey, demarcate the aforesaid land by fixing boundaries. Despite receiving and acknowledging the said F-Line application, respondent No.5 did not act upon the same. Therefore, the present writ petition.
5. On the other hand, learned Assistant Government Pleader for Assignment, on instructions, would submit that respondent No.5 will consider the said F-Line application and take steps in accordance with law.
6. It is relevant to note that in the endorsement vide Rc.No.E1/95/2022, dated 09.11.2022, respondent No.3 has referred about the judgment and decree dated 20.07.2012 passed by the learned 3 KL,J W.P. No.6442 of 2023 Principal Civil Judge at Jangaon in O.S. No.113 of 2010 and also pendency of I.A. No.29 of 2021 in C.M.A. No.91 of 2021. However, he received the said F-Line application and respondent No.5 should have considered the same.
7. In view of the aforesaid discussion, this writ petition is disposed of directing respondent No.5 to consider the aforesaid F-Line application No.DER022000585528, dated 29.12.2020 and conduct survey, demarcate the aforesaid land by fixing boundaries. If respondent No.5 is not inclined to consider the request of the petitioner, he shall assign specific reasons and pass a reasoned order and communicate copy of the said order to the petitioner herein. He shall complete the aforesaid exercise within forty five (45) days from the date of receipt of copy of this order. However, there shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
_________________ K. LAKSHMAN, J 9th March, 2023 Mgr