THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER

This writ petition is filed seeking the following relief:

“…to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the Endorsement No.B/1249/2023, dated 17.08.2024 issued by the 4^th Respondent as arbitrary, illegal, unsustainable and set aside the same and consequently direct the Respondent No.3 and 4 to conduct survey and demarcate land admeasuring Ac.5.00 guntas in Survey No.412/1/A of Malkajgiri Village and Mandal, Medchal Malkajgiri District, pursuant to the application of the Petitioner in Application No.DER022300980624 with Transaction ID

TTDER022300980624, dated 28.08.2023 …”

2. Heard Mr.Peri Prabhakar, learned counsel for the petitioner and Mr. H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for

respondents. Perused the record.

3. Learned counsel for the petitioners would submit that the petitioners are the joint and absolute owners and possessors of land admeasuring Ac.5.00 gutnas in Sy.No.412/1/A of Malkajgiri Village and Mandal, Medchal Malkajgiri District. Learned counsel for the petitioner would submit that for non-consideration of his F-Line application No.DER02230098064, dated 28.08.2023, the petitioner filed a writ petition vide W.P.No.10526 of 2024

before this Court, wherein on 30.04.2024, this Court had passed the order. The operative portion of the order is extracted hereunder:

“…In view of the aforesaid discussion, this writ petition is disposed of, directing respondent No.4 to consider the F-line application bearing No.DER022300980624, dated 28.08.2023 submitted by the petitioners, conduct survey and demarcate the aforesaid land by fixing boundaries, strictly in accordance with law by putting the petitioners and all affected parties on notice and affording them an opportunity. If respondent No.4 is not inclined to accept the request of the petitioners, he shall assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the petitioners. He shall complete the entire exercise within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs..”.

4. Learned counsel for the petitioners would further submit that respondent No.4 passed the impugned proceedings No.B/1249/2023, dated 17.08.2024 stating that in respect of the application filed by the petitioner vide ID No.TTDER02230098064, dated 28.08.2023, there is no provision for conducting survey and demarcation of land as the same was already demarcated by the higher authorities i.e., Assistant Director of Survey and Land Records, Medchal-Malkajgiri District vide file bearing No.A7/2620/2010, dated 17.10.2012. It is further informed to the petitioners that as the survey is already conducted the application of the petitioners dated 28.08.2023 is rejected by endorsement dated 28.10.2023 and it is further informed that the orders passed by this Court in W.P.No.10526 of 2024, dated 30.04.2024 passed subsequent to the rejection by respondent No.4 and as such no survey can be conducted in compliance of the same.

5. Learned counsel for the petitioners would further submit that the application made by the petitioners on 28.08.2023, for conduction of survey has been rejected on 28.10.2023. Though the said endorsement copy contains the name of petitioner No.1, the said endorsement has not been communicated to her. Therefore, the action of official respondents is perverse and seeks to pass appropriate orders.

6. On the other hand, learned Assistant Government Pleader for Revenue by furnishing a copy of instructions issued by the Tahsildar would submit that the case of the petitioners was not considered. The application of the petitioners was rejected by the then Tahsildar on

28.10.2023 and the same was uploaded in the Mee Seva Portal. The petitioner did not take the print out from Mee Seva Portal of the rejection order. He would further submit that since the application was submitted onl