✦ High Court of India · 23 Apr 2025

K.tvlaldhakal v. Principal Secretary' Revenue

Case Details High Court of India · 23 Apr 2025
Court
High Court of India
Decided
23 Apr 2025
Bench
Not available
Length
1,370 words

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12269 of 2o25 ORDER: This writ petition is filed seeking for the following reliet "to issue an appropiate uit order or directions more porttcularlA one in the nature of unt of Mandamus dectaing the action oJ the respondents more partiqtldrlg the respondent No 3 and 6 in not conducting the surueA and ^demarcation of land beaing Sy Nos 78O/C1 Ac 119 gts 78O/B Ac 100 gts dnd 780/81/2/ 1 Ac 11O gts situated in leeja Vitlage and Mandal Jogulamba GadutaL Distict in spite of receipt oJ FLine Application No AODO224OOO63147 dated 13/ 06/2024 uide Transaction ID TTAOD0224OO063147 since then to till this dste as highly arbitrary bad i|egat contrary to the provisions of TS Reuenue Act and uncoititutional apart from being in uio[ation of pinciptes of natural justice and contrary to the prouisions of the Telangana Surueg and Boundaries Act 1923 and Rutes iade thireunder and consequentla direct the Respondent Nos 3 to 6 to fx the boundary stones to the petittoner <tboue mentioned agicuLtural lands bg conducttng tie surueg as per the entrtes in the reuenue records and pattedar pass books forlhwith in accordqnce with law and pass appropiate orders" ' It is stated that the petitioner is the absolute owner and 2. possessor of the land admeasuring Ac.1.19 guntas in Sy.No.780/C1, Ac.1.00 guntas in Sy.No.780/B and Ac.1 10 guntas in Sy.No.78lEll2ll situated at Ieeja Village and Mandal, Jogulamba Gadwal District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.TO2O5OO6O594 uide Khata No. 1311, dated 09.O7 '20la under the provisions ofthe Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that the petitioner had submitted F-Line application, dated 13.06.2024 to respondent Nos.3 to 6, by paying requisite fee to conduct survey of the subject I 2 CVBIT, J '\i1', 2269 2025 land and [i.-: re boundaries. The grievance of the pertitior er is that even afte - rt' : -' iving the said F-Line application, th e -( spondent authoritie s : l ( not conducting survey and fi>:rrtror of the boundarit'r;

3. Cor s dc r c d the submissions of the learnerl ccur stl for the petitioner anrl learned Assistant Government Pleadc' flrr Rer,.enue appearir-rg lo,' the respondents and with their r;onserLt this writ petition is di:.prsed of at the admission stage.

4. Lezr-nc,l r:ounsel for the petitioner has s.rbrrittr:rl that in terms of t h< circular issued by the Commissicne,r, Suruey, Se ttlements . rr,l Land Records, the respondents :rrc )ound to consider the rLoplication within 45 days from thc da e of the applicatio r 1tl( I collecting necessary charges.

5. Sri l- F a r ndcr, learned Assistant Governrnen i P[, rader for Revenue aplr:aring for the respondents on nstl-uct ons has submltted t r r L -he petitioner has submitted the F-lir e zr1 rplication to the resJlcnrl()rt No.6-Deputy Inspector of Surve -vo:-. ri h:reas the competenl rrrrl rority to conduct survey is the resp,tncl< nt No.5- Tahsildar. 'l'h : cel,itioner has to submit F-line applicatior L .o the Sth respondent irr rl upon receipt of the same, the rr: :;pondent authoritier; v I :onsider the said F-Line application r;uLrr-ritted by 3 CVBR, J wp 12269 2O2s the petitioner by following due procedure laid down under 1aw and conduct survey and demarcate the subject land by hxing \ \ boundaries.

6. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the petitioner to submit a fresh F-line application as per the circulars issued by the Commissioner, Survey, Settlements and Land Records, to the respondent No.S and in turn, the respondent No.5 is directed to examine the petitioner's F-Line application submitted for conducting survey and demarcation by hxing boundary stones to the petitioner's land admeasuring Ac. 1.19 guntas in Sy.No.78O/C1' Ac.1.O0 guntas in Sy.No.78O/B and Ac. 1.1O guntas in Sy.No.78/81/2/ 1 situated at Ieeja Village and Mandal, Jogulamba Gadwal District and if the petitioner fulhls 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 No.5 shall conduct surwey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order.

1. With the above <ibservations, this Writ Petition is disposed of' There shall be no order as to costs. 4 CVBR, J t\,1, 2269 2025 {: t S. As:r s.r:,1:cl, Lhe miscellaneous petitions penling, if any, shall star rl clrsed. SD/.L. VIJAYA LAXMI ASSTqT ANr ReotstRaR //TRUE COPY// br-brtoN oFFlcER / To, District T.S..Hvderaharl

1. The PrinciSral llecretary, Revenue Department, Telangan'a {ler;rr'rtariat' z ihi oiiti,:iit i;ii t :;tor Jogulamba-Gadwal Districl Telanoarra state 5 ii;; X.;i;i;r t tr iictor. si,ffi;;;d i;;o n""o'oJ' Jogtrrimba ( adwar + i6! ii"r.. r,: t)ivisional Officer, Gadwal Division, Jogulam5a-G;'rdwal District s. iii" iin.il:r" 6 iii" olpi,ir' .t i ,'"roi of Survevor,hevenue Divisional office G rdwal , b"'" Ci G t7,' r uvvnNt PRIYANKA, Advocate {OP!.C] 8. i;; CCs to c;p :oR REVENUE ,High Court for the slate ')t l€'langana at 9. Two CD Ccr,it'; tvlandal, Jogulamba-Gadwal District Jooulamba, ():r l,r'al District. HYderabatl IOl-l ll -c;aowat M. BIV BS r- I t HIGH COURT l DATED:23104t2t425 . 1;;':ifr|1 ) J 2 5 ,ltit' 296 t f,, \''- "n 't '' '' '-*--:-.-:-_-- ORDER WP.No.12269 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT CO,iiTS \; 1b

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