✦ High Court of India · 21 Feb 2025

The High Court · 2025

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Bench
Not available
Length
1,044 words

Acts & Sections

Judgment

1. 2 3 4 The State of Telangana, Rep. by its principal Secretary to Government Revenue Department, Secretariate, Hyderabad. The District Collector, Sangareddy,Telangana State, The Assistant Director, Survey and settlement, Snagareddy District' The Tahsildar, Raikode Mandal, District Sangareddy, Telangana state The Revenue Divisional Officer, Zaheerabad ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the Writ of Mandamus to declare the inaction on the respondents no.2 to 5 in conducting survey and fixing the Boundaries of the land bearing Sy no- 143tEE1 admeasuring Ac.O1-29 guntas,, situated at village Raikode,and Raikode Mandal, Dist. Sangareddy, inspite of the Fline Petition on 5lO2l2O24 and petition daled O8tO112025 before Respondent no.S, as being illegal and arbitrary and consequenfly direct the Respondent no.2 to 5 to conduct survey of the petitioner s land bearing Sy no. 1 43/EEl admeasuring Ac-01-26 guntas' situated at village Raikode,and Raikode Mandal, Division Zaheerabad, Dist. Sangareddy. lA NO: 'f OF 2025 Petition under Section 1 51 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. 2 to 5 to consider the F-line Petition Dt. 051O212024 and petition Dt. 08101/2025 before Respondent No.S, pending disposal of the writ petition.

Counsel for the Petitioner: SRI MOHD TYAB KURSHEED Counsel for the Respondents: SRI L. RAVINDER AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY - WRIT PETITION No. 257 of 2O2 ORDER: This writ petition is filed praying this Court to declare the action of respondent Nos.2 to 5 in not considering the F-Line application, dated 05.02.2 O24 and' the representation' dated O8.O[.2O25 submitted by the petitioner to conduct the survey and demarcation of the tand admeasuring Ac'l'29 Suntas' in Sy.No. 143/EEl, situated at Raikode Village and Mandal' Sangareddy District, as illegal, arbitrary, unconstitutional and violative of principles of natura-l justice and consequently prayed for other approPriate reliefs. The petitioner claims to be the owner and possessor land 2. admeasuring Ac.l.2g guntas in Sy. No' 143/EE 1, situated at Raikode Village and Mandal, Sangareddy District- The revenue authorities also issued pattadar passbook No'TO92OO 15052 uide Khata No. lO 17 in her favour und'er the provisions of the Telangana Rights in Land and Pattada'r Passbooks Act' 2020 ' lt is furthcr stated that due to abnormal increase of the land price' some of the neighbouring land owners have started disLurbing the boundaries o[ the subject land and as such' the petitioner 2 CVBR, J wp_5251 2025 has submitted F-Line apprication, dated os.o2.2o24 and basing on the report of Mandal Suryaor, Raikode Mandal, dated 06.01.2025, respondent No.4 had rejected the said application uide Lr.No.F /6r /202a, dated 07.or.2025, directing the petitioner to approach respondent No.5 for demarcation of the land. It is further stated that basing on the said the petitioner made a representittion, dated Detore respondent No.S. aforesaid direction,

08.O 1.2025 The grievance of the petitioner is that even after receiving the said representation respondent No.S did not consider the same.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

4. [..earned counsel for the petitioner has submitted that in terms of the circulars issued by the Commissroner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the appiication after collecting necessary charges.

5. Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing for the respondents has submitted that as 3 cvtlR. ., Wp_5257 2025 per the circular instructions issued by the Commissioner, Survey, Settlements and tand Records uide Rc.No.N1 16543199' dated 25.07.2OO 1, Rc.No.N I I l4O8 / 07, dated 13.07-2007, and Rc.No.N2/ l74l/2OlO, dated l8.O5.2OlO, the petitioner has to make online application for Appeals on Demarcation before respondent No.S and if the petitioner files online application ind the said application complies with all the requirements of the said circulars, the respondent authorities will consider the same- In view of the above submissions, this Court deems it 6. .appropriate to dispose of the writ petition perrnitting the petitioner to make online application for Appeals on Demarcation, duly enclosing the documents, which 4re necessary fior conducting survey of the land admeasuring Ac.l.29 guntas in Sy.No.143/EE1, situated at Raikode Village and Mandal, Sangareddy District and in the event of such an application being submitted by the petitioner and if the petitioner fulflrls all the requirements mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, respondent No'S shall conduct the survey, after issuing notices to all the persons interested and ) I 4 CVAR. J wp 5157 2025 adjacent pattadars and after considering their objections, within a period of eight (g) weeks from the date of receipt of the application

7. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 8 As :r sequel, the miscellaneous petitions pending, if any, shall stand closed. \ To, //TRUE COPY// S S L. LAKSHMI BABU TANT REGISTRAR SECTION OFFICER 1 ngana, District Collector, Sanga reddy,Telangana State The principal Secretary to Govemment Revenue Tela Secretariate, Hyderabad. 2. The 3. The Assistant Director,SUrvey and settlement, S nagareddy District, 4. The Tahsildar, Raikode Manda District Sa ngareddy, Telangana state 5. The Revenue Divisional Officer. Zaheerabad 6. One CC to Sri Mohd Tyab Kursheed, Advocate loPUCl 7. Two CCs to G P for Revenue, H igh Court for the State of Telangana, at 8. Two CD Co pies Hyderabad OUI ent, The State of & TJ GJ HIGH COURT DATED:21 10212025 ORDER WP.No.S257 of 2025 Y J \ * THE Sa4 04 JUN m[ PATCH EO * DISPOSING OF THE WRIT PETITION WITHOUT COSTS D

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