✦ High Court of India · 22 Jan 2025

The High Court · 2025

Case Details High Court of India · 22 Jan 2025
Court
High Court of India
Decided
22 Jan 2025
Bench
Not available
Length
1,461 words

Judgment

2. SVRR Lakshmi, W/o. Bheemaiah, Aged about. 52 years, Occupation. House wife, Fl/o. Villa No.54, Star Homes Ville Green, Babamma Colony, Bandlaguda Jagir, Rajendra Nagar. Rangareddy district. Gade {ishitha,-W/o. Srikanth, Aged about.32 Yrs, Occ. Pvt. Employee, Ri/o. Villa No.54, Star Homes Ville Green. Eabamma Colony, Bandlaguda Jagir, Rajendra Nagar, Rangareddy district, Presently residing at Unit_ 1909, 75 Ch'arolais blvd Street, Bfampton Towers, Brampton, Ontario, CANADA. ...PETITIONERS AND The State of Telangana, Rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad. The Dishict Collector, Ranga Reddy Distrrct at Kongara Kalan, lbrahimpatnam Mandal, Rangareddy District. The Tahsildar, Talakondapally lVlandal, Rangareddy District. The Deputy lnspector of Survey (DIOS), Oio. Revenue Divisional officer, Kandukur, Ranga Reddy District. The Revenue Dlivisional Officer, Kandukur Division. Ranga Reddy District.

3. 4.

5. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the, i: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in nature of writ of Mandamus, declaring the impugned action of the 4th Respondent in disposing the Appeal for Demarcation of land vide application No. AOD 022400066443 Dated 16-10-2024 as illegal, arbitrary, void ab initio and violative of Article 14 and 21 bf -:'- ""-' Constitution of lndian and Principles of natural justice and direct the 5th Respondent to conduct survey to demarcate the land to an extent of Acres 10- 22gts in Survey No.'l 1 OAA/1 , 11 1Ee. 112A, 1164A totally admeasuring Acres 10-22 gts situated at Khanapur village. Talakondapally lvlandal, Rangareddy I ! I // ,// District in pursuance of vide application No. AOD 022400066443, dated 16-'1 0- 2024 lA NO: 'f OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th Respondent to conduct survey to demarcate the land to an extent of Acres 1 0-22 gts in Survey No.1 10Afu1 , 111EE, 112A. 1 1 6A4 situated at Khanapur Village, Talakondapally Mandal, Rangareddy District in pursuance of vide application no AOD 022400066443, dated 16-10-2024 Counsel for the Petitioner: SRl. S. CHALAPATHI RAO

Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I HON'BLE SPJ JUSTICE C.V.BHASI(AR REDDY UIRIT PETITION No.1653 of2ol25 ORDER: This writ petition is frled declaring the action of respondent No.4 in not considering the application for appeals on demarcation, dated 16.1O.2024 submitted by the petitioners seeking for I conducting survey and demarcation of the land to an extent of Acs.lO.22 guntas in Sy.No.l10AA/1, 1l lEE, 1l2A and l16AA, situated at Khanapur Village, Talakonclapally Mandal, Ranga Reddy District and to fix the boundaries to the petitioners' [and, as illegal, arbitrary and violative of the Articles 14 and 2 I of the Constitution of India and for other appropriate reliefs. lt is stated that the petitioners :rre thc pattaclars and 2. possessors of the agricultural land to an extent of Acs. 10.22 guntas in Sy.No.11OAA/1, 111E8, 1t2A ;rrrd 116AA, situatcd at Khanapur Village, Talakondapally Mandal, I?angzr Reddy District. It is further stated that the names oI the petitioners were rcf]ected in all the revenue records as pattadars and thc re venue :ruthorities also issued e-pattadar pass books bearing Nos.T0526O l ttOO44 uide Khata No.89 and TO5260180534 uide Khata No.87O, respectivelv, under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is the further c:rse of the petitioners that : i I I I I I 2 \ CVBR, J Wp_I653 2025 due to abnormal increase of the land price, some of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, tJre petitioners have submitted F- Line applicat.ion, dated 26.04.2024 to conduct survey. The said application was rejected stating that the demarcation of the subject land was cornpleted long back uide rcport of the Mandal Surveyor, d,ated 26.09.2024. It is further stated that since the Mandal Survevor hzrs not conducted the survey in pursuance of the Tippons frorn the Revenue Department and the survey was not conducted properly, the petitioners have submitted application for appeals on <lemarcation, dated 16.10.2024 before respondent No.4 to condu('t thc survcy and demarcation of the subject lancl and fix the boundalics. Thc grievance of the petitioners is that even aftcr receiving tht: s;rid appeals on demarcation, dated 16.1O.2024, thc rcspondcnt authorities are not conducting survey and fix the boundarics,

3. Consiclcrccl the submissions of the learned counsel for the petitioners, lt'arncd Assistant Government Pleader for Rcvenue appe;rring Iirr thc rcspondents and with their consent, this u.rit petition is clisposed of at the admission stage.

4. Learncrl counsel for the petitioners has submitted that in tcrrns ()[ Lhc circular issued by the Commissioner, Survev, I I I I I I I i i I I : i I 3 CVBR. J wp_1653_2025 Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid appeals on demarcation submitted by the petitioners by following due procedure laid down under law and conduct survey and demarcate the subject land by fxing boundaries.

6. It is settled law ttrat the Survey Department has the authority to conduct survey and demarcate lands in accordance u,ith the provisions of the Telangana Land Revenue Act, I 3 I7 l'-asli (Act No. VIII of 1317 Fasli), the Telangana Survev and Boundarics Act, 1923, and the Rules framed thereunder. The Government hets issued various circulars specirying the conditions for cotrductiltg surveys, particularly F-Line (lteld measurement) surve-vs. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in thc circulars :rre l-ulfilled, the survey and boundary fixation mzty be conducted. The Commissioner, Survey, Settlements and Land fiecords, exercising powers under the Telangana Survey and Bourldaries Act, 1923, isstrcd relevant circulars from timc time vide 1 j I I t I i I ! i I I ]i 4 CVBR, J Wp_1653 2025 Rc.No.N 1 / 6543/99, dated 25.07.2OO 1, Rc.No.N 1 / l40a / 07, dated I3.O7.2OO7 , and Rc.No.N2l 1741l2OlO, dated l8.O5.2OlO :; at,: stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulhls all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars. 7 . [n vie,.r. of t hc aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent No.4 to examine the petitioners' application for appeals on demarcation uide No.AODO224OOO66443, dated 16.70.2024 submittecl lbr conducting survey and demarcation by hxing boundary sloncs to the petitioners' land to an extent of Acs.1O.22 guntas in Sv.No. I IOAA/1, l1lEE, 112A and l16AA, situated at Khanapur Villagc. Talakondapally Mandal, Ranga Reddy District and if thc Jrcrrtioners futfil all the conditions mentioned in the circulars issuetl bv t he Commissioner, Survey, Settlements and Land Re<:ords lronr time to time, after issuing notices to all the persons irltcrcstcd and adjacent pattadars and after considering their objcct ion s, rt,spondent No.4 shall conduct survey of the aforesaid larrrl, r.r,itlrin a period of eight (8) weeks from the date of receipt ol:r r:opv of this ordcr t 5 CVBR. J wp_I653 2025

8. With the above observations, this Writ Petition is disposed of. 1 There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, il any, shall stand closed. t l I To, //TRUE COPY// SD/.A. PRATHIMA ASSISTANT REGISTRAR S CTION OFFICER

1. The Secretary, Revenue Department, Secretariat Buildings, T.S.,Hyderabad. 2. The District Collector, Ranga Reddy District at l(ongara Kalan, lbrahimpatnam Mandal, Rangareddy District.

3. The Tahsildar, Talakondapally Mandal, Rangareddy District. 4. The Deputy lnspector of Survey (DIOS), O/o. Revenue Divisional officer, Kandukur, Ranga Reddy District.

5. The Revenue Divisional Officer, Kandukur Division. Ranga Reddy District. 6 One CC to SRl. S. CHALAPATHI RAO, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at 8. Two CD Copies Hyderabad [OUT] B l\,4 GJP art| I I I I I I HIGH COURT DATED:2210112025 I i ORDER WP.No.1653 r:f 2025 .i'!lL (_)t :).4 /6 o 21 mn zJzs 'I t ? l )i?,-lJr' ..a' ^-1/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0t^h'u

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