✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 Apr 2025
Court
High Court of India
Decided
23 Apr 2025
Bench
Not available
Length
1,035 words

Pgtitien undpr A(icle 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be please( to issue a writ order or a direction, mqre partiqglprly one ig nature of Writ of Mandamug direeJing the 3rd BesPonden! to gonslder thg oRline grievance applicalion gf Appeal on DerqarcatiQn submitted vide Application No. A0D022400063927 dated 03.07.2024 and conduct survey qnd demarcate boundaries for the petitioners agricultural lqnds consigting of Ac.1.33 gtq in Sy No.136/E and Ac..3.37 gts in Sy No,137lE both lands situaled ai Gopaladhinne Village, ltikyal Mandal, Jogulambq Gadwal District' Telanqana State and also declare the action of the respondents in not conducting the survBy as arbitrary, unjust and violative of Article 14,21 and 300-A of the Cpnstitution of lndia. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pieased to direct the 3rd Respondent to consider the qnline grievance application of 'Appeal on Demarcation' !ubmitted vide Application No. AOD022400063927 dated 03.07.2024 and conduct survey and demarcate boundaries for the petitioner's agricultural lands consisting of Aq, J.33 gts in Sy. No 136/E gnd Ac.3 37 gts in Sy.No.1p7lE both lands sitUated at copaladhinne Village, ltikyal Mandal, Jogularlba Cadw?! Distriat Tglangqna State, pending disposal of (he writ pelitiQn in the interest of equity qf justiee. Counsel for the Petitiongr; M/8. OM LAW FIRM Couns4l forthe Respondents: GP FOR REVENUE The Cq-urt S?de the followingi ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12096 of2o25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the application for Appeals on Demarcation, dated O3.O7.2O24 and non-conducting the survey and demarcation of the agricultural land admeasuring Ac.1.33 guntas in Sy.No.136/E and Acs.3.37 guntas in Sy.No. 137 lE, situated at Gopaladhinne Village, Itikyal Mandal, Jogulamba Gadwal District, as illegal, arbitrary and violative of the Articles 14, 21 and 3O0-A of the Constitution of India and lor other appropriate reliefs.

2. lt 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.T020600101O1 uide Khata No.152 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 of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner has submitted application for Appeals on Demarcation, dated O3.O7.2024 to respondent Nos.3 and 4, by C\/t]R. J Wp 12096 2025 payrng requisite fee for and hx the boundaries. even after receipt of conducting survey of the sr.rbject land The grievance of the petitioner is that, the said application, the respondent authorities are not conducting survey and fix the bound:rries

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

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

5. Learned Assistant Government pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid application submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by lixing boundaries.

6. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents , ) CVBR, J Wp 12096 2025 Nos.3 and 4 to examine the petitioner,s application for appeals on demarcation uide No.AODO224O006392Z, dated 03.OT.2024 submitted for conducting survey and demarcation by frxing boundary stones to the petitioner's land to an extent of Ac. 1.33 guntas in Sy.No.136/E and Acs.3.3Z guntas in Sy.No. l3Z lE, situated at Gopaladhinne Village, Itikyal Mandal, Jogulamba Gadwal District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos.3 and 4 shall conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order.

7. With the above obserwations, 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. //TRUE COPY// SD/-P, PADMANABHA REDDY DEPUTY REGISTRAR SECTION OFFICER To State Telangana State State of Telangana,

1. The Secretary, Dept of Revenue, Secretariat, Hyderabad, Telangana State, 2. The District Collector, Jogulamba Gadwal District, Telangana $tate 3. The Deputy^lnspector of Survey, ttikyal Mandal, Jogulam-ba Gjdwal District, 4. The Mandal Surveyor, ltikyal Mandal, Jogulamba Gadwal Dis\ict, Telangana 5. One CC to M/s. OM LAW FIRM, Advocate IOPUCI 6 I*9 CCs to GP FOR REVENUE, High Codrt for ttie State of Tetangana, at 7. Two CD Copies $ Hyderabad. [OUT] PSK BS HIGH COURT DATED:2310412025 ORDER WP.No.12096 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @Prt' W ( ott 1HE S t4 14- o O 0 5 ilAY 2025 ( t)t t So4TC

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