✦ High Court of India · 07 Mar 2025

High Court · 2025

Case Details High Court of India · 07 Mar 2025
Court
High Court of India
Decided
07 Mar 2025
Bench
Not available
Length
1,228 words

Petition under Article 226 of the Constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent no.3 herein in rejecting the petitioners request to conduct the survey and demarcate the petitioners land by fixing the boundaries for petitioners agricultural land i.e., land admeasuring Ac.0-20 guntas, in Sy.No.92l2/A and land admeasuring Ac.0-20 guntas, in Sy.No. 92l2/A., total land admeasuring Ac.0-40 guntas situated at Ameerpet, Revenue Village, and Gram Panchayat, lvlaheshwaram Mandal, Ranga Reddy District, based on therr F- Line Application No. DER022401104479 dated 25-10-2024 on the ground of Tippon not available for the Survey Numbers by Endorsement daled 23-12-2024, is illegal, arbitrary, in violation of principles of natural justice, in violation of Articles 14,21 and 300-4 of the Constitution of lndia besides in violation of Survey and Boundaries Act and also in violation of Circulars issued by the Government and consequently to set aside the Rejection Endorsement dated 23-12-2024 issued by respondent no.3 and thereby direct the Respondents more particularly respondent Nos.3 to conduct the Survey, demarcate the petitioners land admeasuring Ac.0-20 guntas, in Sy.No.92/2/A and land admeasuring Ac.0-20 guntas, in Sy.No.92l2/A., total land admeasuring Ac.0-40 guntas situated at Ameerpet, Revenue Village, and Gram Panchayat, lt/]aheshwaram Mandal, Ranga Reddy District, based on their F- Line Applica tion No. DER02240 1 1 O 447 I dated 25-1 0-2024. 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 suspend the Rejection Endorsement daled 23-12-2024 issued by respondent no.3 and thereby direct the Respondents more particularly respondent Nos.3 to conduct the Survey, demarcate the petitioners land admeasuring Ac.0-20 guntas, in Sy.No 92i2lA & land admeasuring Ac.0-20 guntas, in Sy.No. 92l2/A., total land admeasuring Ac.0-40 guntas situated at Ameerpet, Revenue Village, and Gram Panchayat, ft/aheshwaram Mandal, Ranga Reddy District, based on therr F- Line Application No DER022401104479 dated 25-10-2024, by fixing the boundary stones, pending disposal of the above writ petition. Counsel for the Petitioners: SRI KATIKA RAVINDER REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIO N No.7137 of 2o25 ORDER: It is stated that the petitioners are the owners and possessors of the agricultural land admeasuring Ac'O'20 guntas in Sy.No.92l2/A and Ac.O.2O guntas in Sy'No'92/2/A in total admeasuring Ac.O'4O guntas situated at Ameerpet Revenue Village and Gram Panchayat, Maheshwaram Mandal, Ranga Reddy District, having purchased the same through registered sale deeds bearing document Nos'1975 ot 2024 and 1976 of 2024, both dated 17.10.2024, respectively' [t is further stated that the name of the petitioners vendor was mutated in all the revenue records and he was also issued pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O uide Passbook No TO5 l6OO603O9 (Khata No.596). It is further stated that when the adjacent neighbours are disputing the boundaries and causing inconvenience for their enjoyment, the petitioners have made F Line application dated 25.10.2024 as per thc circular instructions issued by the Commissioner, Survey, Settlements and Land Records vide Rc.No'N1 16543/99, dated 25'07 '2OOl, Rc.No.N1/ l4O8/O7, 1307 2OO7, 1 CVBR, J wJ 117 ]O2s Rc.No.N2/ l74l l2O1O, dated 18.05.201O. The grievance of the petitioners is that the Tahsildar uide endorsement, dated

23.12.2024, has rejected the said application on the ground that the Tippons are not available for the above said suwey numbers.

2. Considered the submissions of the learned c,:unsel for the respective partics and with their consent, this writ petition is being disposed of at the admission stage. 3, Lcarned counsel for the petitioners has sltbmitted that the issue rarscd in this writ petition is squarely ccvered by the order, dated 13.12.2021 passed by this Court in \M.P.No.33613 ot 2021, and thcrefore, the present writ petition may be disposcd ol in tcrms of the said order. 4 . I t is sct tled principle that whenever the Tippons are not availablc lor a particular survey number, the survey ofhcials shoulcl relv on t hc village map, tonch map and also the tippons o[ Lhe surr,,t:v number abutting the survey number for which the demarcatior-r is sought for. The boundaries of the survcy number can be lixcd u,ith the help of the tippons ol the adjacent survev nunrber. The Tahsildar cannot simply reject the , I { I 3 CVBR, J \"P_7 t3'7 _2025 application solely on the ground that the tippons are not available for the subject survey number. He ought to have taken necessary steps to procure necessary records either from the office of the Collector or from the office of the Assistant Director, Survey, Settlements and l,and Records of the concerned District and demarcate the subject land with the help of tippons of the adjacent survey numbers/village map/ tonch map.

5. In view of the above and since the case of the petitioners is squarely covered by the order, dated 13.12.202 I passed by this Court in W.P.No.33613 of 2021,. this Court deems it appropriate to set aside the impugned endorsement, dated

23.12.2024 and remand the matter to respondent No.3 directing to conduct survey and demarcate the subject land duly taking into consideration of the aforesaid observations and a[ter the pctitioners paying the requisite fee for conducting survey and other expenditure, within a period of eight (08) wecks lrom the date o[ receipt of said payment.

6. Accordingly, this Writ Petition is allowed. Thelc shall be no order as to costs. 4 CVBR, J wJ t37 2O2s

7. As a sequel, the miscellaneous petitions pen,ling, if any, shall stand closed. To Telanoana. //TRUECOPY// ,ilt.- o..i3fot*Y''#"SsL#H i \ \ secrtoNoFFlcER 1. The Principal Secretary (Revenue)' Secretariat Build'ing' Hyderabad' State of z iif'oYfirrli co,ector, office at Kongarakalan Village, lbrahimpatnam' - Konoarakalan, Ranga Reddy District' 3 i#i;f, ;li#i, H,iir,E tn*ri, in rvland al'. Ransa Reddv District' ; iH fu;;; bl*"vo|. rt'r,n"tn*"i' Mandil'.Ransia Rglldv.District' ; d:,'ie'["bRl xatlxn RaVTNDEi REDDY' Advocate toP-u-c]. 6. iJJ" d6.'L"cp Fon nevei'iuE, nigrr court tor the Stahr of relansana' at 7. Two CD Copies Hyderabad- [OUTI \./ PSK. GJP c4t HIGH COURT DATED:0710312025 t I ORDER WP.No.7137 of 2025 1t\E STA r4: .) 'ii:l 02 {_ ,) ALLOWING THE WRIT PETITION WITHOUT COSTS I I I I i I 1 I i ; t I t t f I I I i ! 0 LF( t- ?u\u "1 5\

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