✦ High Court of India · 17 Feb 2025

High Court · 2025

Case Details High Court of India · 17 Feb 2025
Court
High Court of India
Decided
17 Feb 2025
Bench
Not available
Length
1,245 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order oi direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the Application for Appeals on Demarcation through vide No.AOD022400066952, dated. 08.11.2024 and non-conducting the survey and demarcation on the agriculture land of the Petitioner to an extent of land Ac.0.37S0 Gts, in Survey No.131lA2, and an extent of land Ac.0.'1350 in Survey No.132lUu totaling to an extent of land Ac.1.'l 1 Gts which is situated at Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District and non-initiating to fix the boundaries to the Petitioner land is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos. 4 and b to consider the Online Application for Appeals on Demarcation through vide No.AOD022400066952, dated. 08.1 1.2024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.1.1.1 Gts, in survey Nos,131/A2 and 132lUu, which is situated at AnantharamVillage,BhuvanagiriMandal,YadadriBhuvanagiriDistrict' lA NO: 1 OF 2025 Petition under Section 151 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 Respondent Nos. 4 and 5 to consider the online Application for Appeals on Demarcation through vide No.AOD0224OOO66952, dated. 08.11.2024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.1.11 Gts, in survey Nos.131/A2 and 132luu' which is situated at Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI .IUSTICE C.V.BHASKAR REDDY WRIT PETITION No.45O5 of 2o.25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the application for Appeals on Demarcation, dated O8.11.2O24 and non-conducting the survey and demarcation of the agricultural land admeasuring Ac.0.3750 guntas in Sy.No.131/ Al2 and Ac.O.1350 guntas in Sy.No.132/Uu, situated at Anantharam Viliage, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District, as illegal, arbitrary and violative of the Articles 14, 15,27 and 3O0-A of the Constitution of lndia and for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the aforesaid agricultural land and his name is recorded as pattadar in all the revenue records. The revenue authorities also issued pattadar passbook No.T30O50220O44 uide Khata No.92 in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is further stated that due to abnormal increase of the land price, some o[ the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner has 2 CVBR, J wp_4505_2025 l:'{. submittcd applicatron for Appeals on Demarcation, dated Oa.l1.2O'24 to rcspondent Nos.4 and 5, by paying requisite fee for conducLing survelr of the subject land and fix the boundarics. The grievance'of the petitioner is that even after recciving thc said application, the respondent authorities are not conducting survev and fix the boundaries.

3. Con siclered the submissions of the learned counsel for the petitioners and lcarned Assistant Government Pleader for Revenue zrppearir-rg for the respondents and with their consent this wnt petition is disposed of at the admission stage.

4. Sri Raoplu Bhaskar, learned counsel for the petitioners has submitted tl-rat in terms of the circulars issued by the Commissioner, Survey, Settlements and Land Records, the responden ts are bound to consider the application within 45 days from thc 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 as per the circular instructions issued by the Commissioner, Survev, Settlcments and Land Records ujde Rc.No.N1 /6543lgg, daLecl 25.O7 .'20O 1, Rc,No.N 1 I I 4O8 / OZ, dated, 73.07 .2O07, and 3 CVBR, J Wp_4505 2025 Rc.No.N2l 174 1/2OIO, dared 1g.05.2010, the petitioner has to make F-Line appiication seeking to conduct Fierd Measurement Survey before respondent No.S_Tahsildar. Instead of making F_ Line application before rhe Tahsildar, who is competent authority to conduct survey as per the aforesaid circular rnstructions, the pedtioner has straight away made the application for Appeals on Demarcation. Learned Assistant Government further submits that if the petitioner files F_Line application and the said application complies with all the requirements of the said circulars, the respondent authorities will consider the same. 6 enclosing the In view of the above submissions, this Court deems it permitting the appropriate to dispose of the writ petition petitioner to make F-Line application, duly documents and land particulars, which are necessary for conducting survey and in the event of such an application being submitted by the petitioner and if the petitioner fulfils all the circulars issued by the Survey, Settlements and Land Records from time to time, respondent No.S shall conduct the survey, after rssulng notices to all the persons interested and adjacent mentioned in the Commissioner, requrrements I I l I I 1 4 F,: CVBR, J Wp 4505 2025 pattadars and alter considering their objections, within a period o1'erght (8) rvecks from thc date of receipt of the application. 7 . With thc above observations, this Writ Petition is disposed of. Thcre shall be no order as to costs.

8. As a sequcl, the miscellaneous petitions pending, if any, shall stand closcd. //TRUE COPYII A so/.A. SRIN IVASA REDDY N T REGISTRAR N OFFICER

4. 2 J ecreta ry, d, Revenue Departme nt, Secretariat B uilding, State of Telangana. adadri B uvanagtri, Yadadri Bhuvana giri Dist

1. The p flncipal s Secre tariat, H yderaba The District Collector The Revenue Divrsional Officer Bhuva nagiri Divrsion, yadadri Bhuvan agiri District The Assis tant Director of Survey and Land District The Tahsi ldar One C Two C H erabad to UT] wo CD Cop JCS Bhuvana siri Mandal Yadadri Bh CtoS RI RAPOL BHAS t<AR Cs to Gp FOR R EVENU E High Court for the State of Telangana, at giri Distri ct , Advocate [OpU Bhuvanagiri yadad U h

5. 6. 7. 8.7 Bhuvanagiri To \ PSK. BS /^w HIGH COURT DATED:1710212025 ORDER WP.No.4505 of 2025 ? I v1 lHF-.Si4 /C o + J o o l!+ * <\'t- C)

2. 21rEB 2W5 :-rpa f CltF- *!) DISPOSING OF THE WRIT PETITION WITHOUT COSTS crcf' "9 g e)

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