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Judgment
This writ petition is filed seeking the following prayer:
"to issue a Writ, more particularly one in the nature of Writ of Mandamus or any other appropriate Writ or Writs, Order or direction declaring the action of the 2nd and 3rd Respondents in interfering with petitioner residential plot bearing No.6 in block No.1 in Sy.No.196 of Gundlapally (Dindi) village and Gram Panchayath, Nalgonda District is bad arbitrary and illegal and consequently direct the respondents 2 and 3 not to interfere the above petitioner plot for construction/permission of his house..."
Heard Sri P. Venkateshwar Rao, learned counsel for the petitioner and Sri Gumalla Sandeep learned Assistant Government Pleader for Irrigation and Command Area Development, appearing for respondent Nos.1 to 3 and Sri K. Pradeep Reddy, learned Standing Counsel for Gram Panchayat, appearing for respondent No.4. Perused the record.
Learned counsel for the petitioner submitted that the petitioner is the absolute owner and possessor of Residential Plot bearing No.6 in Block No.1 in Sy.No.196 of Gundlapally (Dindi) Village and Gram Panchayat, Nalgonda District (herein after referred to as “the subject plot”), having purchased the same from Singa Jogi jangamma through a registered Sale Deed Doc No.4954 of 2008, dated 17.11.2021 in the office of the Sub-Registrar, Devarakonda.
Learned counsel for the petitioner further submitted that on 03.08.2026 the petitioner made an application to respondent No.4 to grant permission for construction of his house in the subject plot. The application filed by the petitioner received by respondent No.4, but not granted permission by informing that there is a dispute about the part of Sy.No.196 of the subject plot as some land is belongs to Irrigation Department, but no rejection order is passed. It is further submitted that when the petitioner is trying to construct house in the said plot, respondent Nos.2 and 4 interfering with the construction and influencing the Gram Panchayat not to grant permission.
Learned counsel for the petitioner further submitted that the subject matter of the present writ petition is squarely covered by the order passed by this Court in W.P.No.43962 of 2022 dated 11.12.2024, and requests the Court to pass similar order in this writ petition.
Learned Government Pleader for Irrigation appearing for the respondents has fairly submitted that the property to an extent of Ac.02.12 guntas, forming part of Sy.No.196 was acquired for the purpose of Dindi Project. It is further submitted that there is no dispute with regard to acquisition of an extent of Ac.02.12 guntas forming part of Sy.No.196 and at the same time, there is also no dispute with regard to the total extent of Sy.No.196 consisting of Ac.18.19 guntas. It is further submitted that the dispute in this writ petition is only to the extent purchased by the petitioner under registered sale deed forming part of the land acquired by the Government to an extent of Ac.02.12 guntas.
In view of the above, to put a quietus to the litigation, respondent Nos.2 and 3 are directed to conduct survey, with the assistance of the Assistant Director, Survey Settlement and Land Records for fixation of boundaries to the extent of the land acquired by them after issuing notices to the petitioner and all the persons, who are interested and affected by the said survey in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. For any reason, if the respondents do not complete the survey, fixation of boundaries of the lands to an extent of Ac.02.12 gutnas, in Sy.No.196, the respondents are directed not to interfere with the construction activity of the petitioner in any manner.
With the above said directions, the writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.