✦ High Court of India · 25 Mar 2025

High Court · 2025

Case Details High Court of India · 25 Mar 2025
Court
High Court of India
Decided
25 Mar 2025
Bench
Not available
Length
1,069 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court be pleased to issue a writ, order or direction more particularly one in the natuie of writ of Mandamus declaring the in action of the Respondent No. 2 to s to consider the meeseva F- Line application of the petitioner by conducting survey vide application No. DER022100661136, dr. 20-06-2021 is iilegar irreg-urar ario improiei-ano violation of principles of naturaljustice and also violative oi Articles 14 2i and 3004 of constitution of lndia and consequenfly direct the Respondent No. 2 to 5 to conduct the survey and demarcation by fixing boundary stones to the petitioner land in sy. No. 123 to an extent of Ac. 0.12 gts and sy. No 124 to an extent oflAc. 0.16 gts., situated at Namilikonda village Kodimiat Mandat of Jagtial District "nriv lA NO: 1 OF 2025 Petition under Section 1s'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 respondent No.2 to 5 to conduct the survey and demarcation by fixing boundary stones to the petitioner land in Sy. No. t za to an extent of Ac. ti. 12 gts I and Sy. No '124 to an extent of Ac. 0.16 gts., Situated at Namilikonda village Kodimial Mandal of .lagtial District Counsel for the Petitioner:SRl. BODA RAKESH NAIK Counsel for the Respondents: SRI L. RAVINDER AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No.8979 of 2o25 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 20.06.2021 for conducting survey of the land admeasuring Ac.O.I2 guntas in Sy.No. 123 and Ac.O. l6 gu.q[qs in Sy.No. 124, situated at Namilikonda Village, Kodimial VlqrrCel, Jagtial District, as illegal and arbitrary and for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.O.72 guntas in Sy.No.123 and Ac.O.16 guntas in Sy.No.124, situated at Namilikonda Village, Kodimial Mandal, Jagtial District. It is further stated that the petitioner was also issued pattadar passbook No.487589 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1977 and e-pattadai passbook No.T18O801OO232 uide Khata No.388 under the provisions of the Telangana Rights in Land and Pattadar I Passbooks Act, 2O2O (for short "the Act 9 of 2O2O"l. It is further stated that when there are disputes with the adjacent neighbours for identification dnd localization of the land, the petitioner had made F-Line application, dated, 20.06.2O21, requesting to conduct survey and demarcation of the aforesaid land. It is further stated CVBR, J '\'r'p-8979 2025 '- \r 'l that respondent No.5 uide letter No'B I 279 l2O2l ' dated 30.12.2022, informed the' office of the Revenue Divisional Oflicer- respondent No.3 that 'the tippons indicating the boundary measurements of survey Nos'123 arld 124 are not available and requested the Inspector of Survey attached to the office of respondent No.3 to take appropriate steps for conducting survey' The grievance of the petitioner is that even after receipt of the letter, dated 30.12.2022, respondent No'3 and 4 have not conducted the surveY. Considered the submissions of the iearned counsel for the 3 petitioner and Sri L'Ravinder, learned Assistant Goverilment Pleader for Revenue appearing for respondent Nos'I to 5 and with being disPosed of at the their consen1,, this writ petition 1S admission stage. Learned Assistant Government Pleader for Revenue would 4. submit that since the tippons of the subject survey numbers are not available, respondent No'5 uide 'letter' dated 30'12'2022 requested respondent No'4 to conduct survey of the above said land. It is further submitted by the learned Assistant Government Pleader that the application filed by the petilioner was rejected' 5. ''r It is settled iaw that in the absence of the tippons' the Inspeitor of Survey can take into consideration of the tippons of l -) CVBR, J wp_8979 2025 abutting survey numbers and also Village Naksha and Choupasla for the purpose of conducting survey.

6. In view of the above submissions and since it is stated by the leerned Assistant Government Pleader that the application submitted by the petitioner was rejected, this Court deems it appropriate to dispose of this writ petition directing the petitioner to make appropriate appeal before the Inspector of Survey and in the event of such an application being filed, the lnspector ol Survey is directed to conduct survey in accordance with the circular instructions issued by the Commissioner, Survey, Settlements ald Land Records uide Rc.No.N1/6543/99, dated 25-O7.2OOl, Rc.No.N 1 / 14O8 I 07, dated 13.07 .2OO7, and Rc. No'N2 / 17 4 | I 2O1O, dated 18.O5.20 1O, within a period of 45 days from the date o[ receipt of such application.

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

8. As a sequel, the miscellaneous petitions pending, if anY, shall stand closed. I To SD/.V.KAVITHA DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER \ I

1. The Principal Secretary' Revenue ' 2. The District Collector, Jagtial District' Secretariat B ldings, at HYderabad' . - conV

3. The Revenue Divisional Officer, Jagtial. 4. The Deputy lnspector of Survey, 0/0. Revenue Divisional Office, Jagtial. 5. Tahsildar, Kodimial Mandal, Jagtial District. 6. One CC to SRI. BODA RAKESH NA|K Advocate [OPUC] 7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana

8. Two CD Copies KKS/BSK 5 \ HIGH COURI' DATED:2510312025 n TiE ].. e 12 rul. 6g J C) ,1 t' a t ORDER WP.No.8979 ol 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS e) o(pr' I I I

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