✦ High Court of India · 20 Feb 2025

High Court · 2025

Case Details High Court of India · 20 Feb 2025
Court
High Court of India
Decided
20 Feb 2025
Bench
Not available
Length
1,298 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 2 to 4 in nqn- implementing the Memo No.El237-112022 dt.-2810312022 and non-conEidering the representations of the Petitioner dated 09/01/2025,0910612022,2410712421 , 22t112022 and non-initiating to fix boundaries to the survey No. 6, 173 and other adjacent survey iumbers and non-initiating to take the necessary action against the Respondent No 5 to 9 who are eniroached the Nakshabata (22 feet wide Public Road) in Sy. No. 6, '173 and other adjacent survey numbers and occupied about Nakshabata (official Cart Track Road) which is situated at Nandaram Village 'of Doulatabad Mandal Vikarabad District, and petitioner and othei villagers are unitble to reach his agricultural land is highly illegal, arbitrary, u nconstitutiona I :rnd violation of Articles 14, 15,21 and 300-A of the Constitutiqn of lndia and also violation of the Principles of Natural Justice and oonsequenily dirept the Respoldent No. 2 iO 4 lo implement thg lvlemo No.Et?37-1t2022 dl.r 2810312022 and to consider the representatigns of thp petitioner dated OgtO1t2O25, OglCOt2O2Z, 24tOTl2O21 . 22t1t2022 and to fix boundaries to the survey No.6, "l 7ll an6 o,n"r aOj3.cenj survey numbers and to lake the necessary action against thr: Respondent No. 5 to g who are encroaqhed ttre Nakshabaia (22 feet wide Putrlic Road) in Sy. No 6 'l 73 and other adjacent srrr"V nUrneri end. oqaupied about NaKqhabata (official oqrt Track Road) which i9 siluated bl Nandarpm Villag.: of Doulatabad Mandai Vikarabad District, and pgtitiqner and other villagers arr. unable to reach his agricultural land. O:'l OF 2 25 Petition uncer section 151 cPC praying that in the eircumstancqg stated in the affidavit filr:d in support of the petition, the High Court may be pleased tp direct ![9 R.esBondent No 2 to 4 to implement the Memo 1Vp.Et237-1tZO22 dl.. 281Q312022 and to consider the lepresentations of the petitioner dated OgtO1t2O25, 09/0512022. 24t0712021. 22t1t2022 and to fix boundarieg to the sqrvey No. 6, 173 and other adjacent survey numbers and te take the necessary gqlion qgainst ther Responden! No. 5 to 9 Who arg encroashed the NaBshabata l22feet wide Public Road) in Sy No 6, 173 and other adjacent suryey numhets and occupied ab<,ut Nakshabata (official Cart Track Road) which is situated al Nenda[am Villqge, of Doulatabad Mandat Vikarabad District, and pstiti{nsp q6d other villagers arer unable to reach his agricultural land, pending disposal of the Counsg! for the Petitioner: SR! RAPOLU BHASKAR Counsel for the Respondent No.1 to 4: SRI L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.5O43 of 2025 ORDER: It is stated that the petitioner is the pattadar and possessor of the agricultural land admeasuring Ac.1.22 guntas in Sy.No.8/2 and Acs.3.18 guntas in Sy.No.B/A, situated at Nandaram Village, Doulatabad Mandal, Vikarabad District, having acquired the same from his ancestors. It is further stated that the name of the petitioner is also recorded in al1 the revenue records and pattadar passbook No.TO7O6006OO56 uide Khata No.81 was issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (fbr short "the ROR Act, 2O2O"). It is further stated that when the unofficial respondents, without having any right and title have encroached the Nakshabata situated in Sy.Nos.6, 173, 12, 10 and 1 1 , which is the only source to reach the fields, the petitioner had made applications, dated 09.06.2022,

24.07.2022 and 21.01.2022, requesting respondent No.4 to conduct a detailed enquiry and take necessary action and as resqgndent No.4 did not take any action, he was constrained to *.kl . representation before respondent No.3 and acting on the said application, respondent No.3 directed respondent No.4 uide I I I 2 CVBR, J w'p- 5043 202s proceedings No.El237-1 12022, dated 28.O3.2022, to take necessary aclion for demarcation of the land in Sy.Nos.6 and 173 through Mandal Surveyor and report compliance. The grieiance of the petitioner is that even after receiving the said directions no steps have been taken by respondent No.4 till now. Hence, this writ petition.

2. Considered the submissions of the learned counsel for the petitioners and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondents is dispensed with.

3. Learned Assistant Government Pleader for Revenue has submitted that the petitioner has not made the F-Line application and if the petitioner makes F-Line application duly enclosing all the necessary documents seeking for conducting survey of the lands in Sy.Nos.6 and 173, the respondent authorities rvill consider the same. l I I i i ' l' I I 3 CVBR, J Wp 5041-2025

4. In view of the above submissions, this Court deemi it appropriate to dispose of the writ petition permitting the petitioner to make a fresh F-Line application, duly enclosing all the necessary documents and in the event of such an application being submitted by the petitioner arrd if the said application complies with all the requirements of the circular instructions issued by the Commissioner, Survey, Settlements and Land Records uide Rc.No.N1 16543199, dated 2S.OZ.2OO1, Rc.No.N1/ I4O8/07, dated 13.O7.2OO2, and, Rc.No.N2/1741l 2O1O, dated 18.05.201O, respondent No.4 is directed to conduct survey and demarcation of the lands in Sy.Nos.6 and 173 of Nandaram Vi11age, Doulatabad Mardal, Vikarabad District, within a period of eight (8) weeks from the date of receipt of such application.

5. With the above observations, this Writ petition is disposed of. There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending, if any, shail stand closed. //TRUE COPY// SD/.A.V.S. PRASAD ASSI TANT REGISTRAR CTION OFFICER I To, Secretariat, Hyderabad, State of Telangana.

1. The Principal Secretary, Revenue Department, Secretariat Building, 2. The District Collector, Vikarabad, Vikarabad District, 3. The Revenue Divisisnal Office.,'Thahdur Division, Vikarabad Qistrict. 4 The Tahsildar, Doulathabad Mandal, likalabad Dietiict. ', ' " S One CC to SRI RAPOLU BHASKAR, Advocate toPUCl 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad {OUTI

7. tivo CD Copies 1HE S T,A C ( i 0t fiAn 2m ( \ ! * .s (nH HIGH COURT DATED: 2A10212025 ORDER WP.No.5Q43 of 2025 I I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS : \o ,ff4 \.v

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