THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.14403 of 2020
ORDER:
Aggrieved by the inaction of respondents in conducting
survey of the subject lands belonging to the petitioner and
demarcating the land in spite of submitting application by the
petitioner, the present Writ Petition is filed.
2. With the consent of both the parties, the present Writ
Petition is disposed of at the admission stage itself.
3. The learned counsel appearing for the petitioner has
contended that the matter is squarely covered by the common
order, dated 28.04.2016, passed by this Court in W.P.No.4811 of
2011 and batch. Therefore, the Writ Petition may be allowed in
terms of the above referred common order.
4. The learned Assistant Government Pleader for Revenue
appearing for the respondents has fairly conceded that the
common order of the learned single Judge passed in
W.P.No.4811 of 2011 and batch, dated 28.04.2016, covers the
lis in question.
5. A reading of the common order, dated 28.04.2016,
passed in W.P.No.4811 of 2011 and batch, reveals that this
Court while dealing with the issue in question and taking into
consideration the Circulars issued by the Commissioner, Survey,
Settlements and Land Records, has held as under: 2
"23. In view of the above facts and circumstances, the writ petitions are disposed of directing the respondent-authorities to consider the applications of the petitioners for survey and demarcation of lands after receiving necessary charges, keeping in view the Circulars vide Rc.No.N1/1408/07, dated 13.07.2007, Rc.No.N1/6543/99, dated 25.07.2001 and Circular vide Rc.No.N2/1741/2010, dated 18.05.2010 and also in terms of the judgment in W.A.No.618 of 2013 and also keeping in view the provisions of Sections 89, 89-A and 92 of the Act and take necessary action and communicate the decision to the parties. It is open for the petitioners to prefer appeal against the said order, if they are aggrieved in terms of circulars 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 in
W.P.No.4811 of 2011 and batch. The above said exercise shall
be completed within a period of two(2) months from the date of
receipt of a copy of this order.
Miscellaneous Petitions, if any, pending in this Writ Petition
shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J Date: 04.01.2021 ssp
