Rajashekar Reddy vs The State Of Telangana
2022 Latest Caselaw 3670 Tel

   THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                    AND

  THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

                  WRIT APPEAL No.445 of 2022


JUDGMENT:       (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



      Heard Ms. D.Rajitha Devi, learned counsel for the

appellant;    Mr.    Parsa     Ananth       Nageshwar         Rao,   learned

Assistant Government Pleader for Revenue (Assignment) for

respondent Nos.1 to 4; and Mr. V.Raghunath, learned counsel

for respondent No.5/writ petitioner.

2. This intra-court appeal has been preferred by the

appellant assailing the legality and validity of the order dated

28.12.2021 passed by the learned Single Judge in

W.P.No.36518 of 2021 filed by the 5th respondent as the writ

petitioner.

3. 5th respondent had filed the related writ petition

with the grievance that concerned Mandal Surveyor was not

taking appropriate steps in conducting survey and fixing the

boundaries of the subject land. Learned Government Pleader 2 HCJ & SNJ W.A.No.445 of 2022

submitted before the learned Single Judge that the Mandal

Surveyor would do the needful in accordance with law.

Thereafter W.P.No.36518 of 2021 was disposed of by the

learned Single Judge vide the order dated 28.12.2021 in the

following manner:

"4. In view of the above, the present writ petition is disposed of directing the respondent No.3 to complete the survey/sub-division/demarcation, pursuant to the F-line application No.DER022100677577, dated 17.07.2021 submitted by the petitioner, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. It is needless to mention that before undertaking any survey, the authorities shall put the petitioner as well as the neighbouring landowners on notice, and take into account the work memos, if any, filed by any of the parties."

4. Learned counsel for the appellant submits that the

Mandal Surveyor while carrying out the survey did not issue

notice to the appellant though the appellant is a neighbouring

land owner. That apart appellant has also a claim over the

subject property.

                                3                        HCJ & SNJ
                                                W.A.No.445 of 2022

5. We do not find any error or infirmity in the view

taken by the learned Single Judge. Of course, the Mandal

Surveyor has to carry out the survey and necessary

demarcation after giving notice to the affected parties and in

accordance with law. Learned Government Pleader shall

instruct the Mandal Surveyor of Bommarasipet Mandal,

Mahabubnagar District to act in accordance with law while

following the order of this Court dated 28.12.2021 in

W.P.No.36518 of 2021 in letter and spirit.

6. Subject to the above, Writ Appeal is disposed of.

However, there shall be no order as to costs.

7. As a sequel, miscellaneous applications pending, if

any, in the Writ Appeal, shall stand closed.

_________________________ UJJAL BHUYAN, CJ

_________________________ SUREPALLI NANDA, J Date: 13.07.2022 KL