THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.519 of 2020

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.1 to 3 in not considering the representation dated 10/05/2019 to conduct the survey, demarcation and fixing the boundaries in respect of the plot No.174, admeasuring 240 Sq.yds in survey No.223 situated at village Daiera, Keesara Mandal, then Ranga Reddy District now Medchel Malkajgiri District despite paying through Mee Seva the requisite fee on 08/03/2019 vide Application No.DER021900345540 as being illegal and arbitrary and to call for the records pertaining to land in survey No.223 and Survey No.224 situated at village Daiera, Keesara Mandal, Medchel Malkajgiri District to grant such.…”

2. The brief facts of the case are that the petitioner herein is the absolute owner and possessor of Plot No.174, admeasuring 240 square yards in Sy.No.223, situated at Daiera Village, Keesara Mandal, Medhcal-Malkajgiri District, having purchased the same from its legal owners represented by their G.P.A. Holder Sri Pininti Anji Reddy under a registered sale deed bearing document No.3430/84, dated 13.06.1984 and her name was also mutated in the revenue records and from then, she is in peaceful possession of the subject property. Later on, respondent No.5 purchased an agricultural land admeasuring Ac.1.00 guntas in Sy.No.224, whose West boundary lies in Sy.No.223. Thereafter, he purchased agricultural land admeasuring Ac.0.16 guntas in Sy.No.224, whose North boundary lies in Sy.No.224, South lies in Sy.No.224 and part land in Sy.No.223, East lies in Sy.No.224 and West lies in Sy.No.223. Due to abnormal increase of land price and with an evil eye to grab the subject property, respondent No.5 started disturbing the boundaries and when the petitioner questioned about the same, respondent No.5 started threatening her with dire consequences. As such, the petitioner had submitted representations, dated 10.05.2019 to respondent Nos.1 to 3 and the same was not considered by respondent Nos.1 to 3. Hence, the present writ petition.

3. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 4 and perused the record.

4. Learned Counsel appearing for the petitioner submitted that the petitioner is the absolute owner and possessor of Plot No.174, admeasuring 240 square yards in Sy.No.223, situated at Daiera Village, Keesara Mandal, Medhcal- Malkajgiri District. Due to steep rise in property rates, respondent No.5 with an evil intention to grab the subject property started disturbing the boundaries. The petitioner has complained about the same to the local police, but no action has been initiated against respondent No.5. As such, the petitioner had submitted representations, dated 10.05.2019 to respondent Nos.1 to 3 to conduct survey and fix the boundaries. After receiving the said representations, the respondent authorities are not conducting survey and fixation of the boundaries. Hence, seeks indulgence of this Court.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 has submitted that the respondent authorities will consider the aforesaid representations submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries.

6. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent Nos.1 to 3 to examine the petitioner’s representations dated 10.05.2019 submitted for conducting survey and demarcation by fixing boundaries to the petitioner’s land in Plot No.174, admeasuring 240 square yards in Sy.No.223, situated at Daiera Village, Keesara Mandal, Medhcal-Malkajgiri District