Telangana High Court
Mergoju Shankaraiah vs The State Of Telangana And 4 Others on 9 March, 2023
Bench: K.Lakshman
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.
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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
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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
