✦ High Court of India · 02 May 2025

High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,432 words

Petition und.gr 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 appropriate writ, order or direction more particularly one in the nalure of Writ of Mandamus dectaring the action of the Respondent Nos.4 and 5 in non-considering - the Application for Appeals on Demarcation through vide No.AOD022500069945, dated. 'l 1.03.2025 and non-conducting the survey and demarcation on the agriculture land of the Petitioner to an extent of land Ac.0-0956 Gts in survey No.52tEEl2, which is situated at Boduppal Village, tvedipally fr/andal, Medchal Malkajgiri Distrrct and non-initiating to fix the boundaries to the Petitioner land is illegal, arbitrary, u nconstitutiona I and violation of Articles 14, 1 5. 21 and 300-4 of constitution of lndia and also violation of Principles of Natural -l .i Justice and consecLr r rtly direct the Respondent Nos 4 and [i t') consider the for Appeals on Demarcation trrough vide Online Applicat c n No AOD02250O06ll1)r : dated. 1 1.03.2025 and to conduc th"r survey and demarcation and f x t r,: boundaries to the agriculture land of th: ['etitioner to an extent of Ac.0 091;0 ..:s in survey No.52lEEl2, which is sitrr:rte:i at Boduppal Village, Medipally l/a lal, tVledchal lvlalkajgiri Districtr' lA NO: 1 OF 2025 Petition under Sr r iion 151 CPC praying that in the circu'nstences stated in the affidavit fileri in r;u :,0ort of the petition, the High court may be plrsased to direct the Respondent N c,s 4 & 5 to consider the online Applicatiorr f,rr Appeals on Demarcation throrrlTl 'ride No.AOD022500069945' daled '1 1 0:i.2025 and to conduct the survel 3r (r demarcation and flx the boundaries to ihe;:griculture land of the Petitioner t,) e - extent of Ac 0.0956 Gts in survev No 52ll1El2, which is situated at BoduDrrz Village, Medipally Mandal, Medchal l/a kajgiri Distrrct pending disposal of tl-: Writ Petition. Counsel for the Pr-.tit oner: SRI RAPOLU BHASKAR Counsel for the Re:r[ ondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the cllowing: ORDER I t r r F t t. b ; i I l I F I t i i I f, .t 'r, ,f. I t, .i. / ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR RED DY WRIT PETITIOT{ No.14O4O of 2025 This writ petition is filed seeking following rel.iet 'For the reasons stated in the accompanying afhdavit, the petitioner herein prays that this Honble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Wnt of Mandamus declaring the action of the Respondent Nos.4 & 5 in non-considering the Application for Appeals on Demarcation through vide No.AO DO22 500069945, dated: 11.03.2O25 and non-conducting the suwey and demarcation on the agriculture land of the Petitioner to an extent of tand Ac.o.0956 Gts in Surve_v No.52/EE/2, which is situated at Boduppal Village, Medipally Mandat, Medchal Malkajgiri District and non-initiating to hx the boundaries to the Petitioner land is illegal, arbitrary, unconstitutional and r.iolation of Articles 1.4, 15, 2l and 3OO A of Constitution oI India and also violation of Principles of Natural Justice and consequently direct the Respondent Nos. 4 & 5 to consider the Online Application Ior Appeals on Demarcation through vide No. AODO2250O069945, dated: i1.03.2025 and to conduct the survey and demarcation and frx the boundaries to the agriculture land of the Petitioner to an extent of Ac.0.0956 Gts in Suwey No.52/EE/2, which is situated at Boduppal Viltage, Medipally Mandal, Medchal Matkajgiri District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. It is stated that the petitioner is the owner and possessor of the agricultural land admeasuring Acs. 0.0956 guntas in Survey No.52/EE/2, situated at Boduppal Village, Medipally Mandal, Medchal-Malkajgiri District (for short, 'the subject propertyl and his name is recorded as pattadar in all the revenue records and e-pattadar passbook was also issued to the petitioner uide Passbook No.TO6110030146 and Khata No.60234 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that in order to protect the subject property from the land grabbers, the petitioner has submitted an application for Appeals l J 2 CVBR,J, W"P. Yo. 11040 of 2025 on Demarcatron irted I1.O3.2025 uide No.AOD022:'011069945 to respondent Nos 4 : tr ' 5 by paying requisite fee for conducr i;rg sun'ey of the Subjectproperl'],rurc..ixtheboundaries.Thegrievanceolrhcpetitioneris tha[ even after :.cr:r i, i,'Lg the said application, the responde 1r a rthorities are not conducting sur/( r ernd hx the boundaries.

3. ConsiCt't I 11 the submissions of the learned rrot:nsel for the petitioner and lea rrtr I Assistant Government Pleader for R,:r er ue appearing for the respondr-'n-sr i rrcl with their consent this writ petition s rlisposed of at the admission sta q, r.

4. Leilrnell r r;unsel for the petitioner has submittrd -hat in terms of the circulars issr-t , t by the Commissioner, Survey, Settlcrne'rts and Land Records, the respcn l,,nts are bound to consider the applicat;on rvithin 45 days from the rlat: o .he application after collecting ne()ess;1lv <:harges

5. Sr. L.R linder, learned Assistant GovernrleIlt Pleader for Revenue appe ari .r : I :rr the respondents has submitted t ha - as per the circular instructiotts ssued by the Commissioner, Sulwel' le1 tlements and Land Recorrl s uide Rc.No.N1/65a3l99 <tate,l 25.07.2OO1' Rc.No.N1/ l4OBl(i ,tated 13.O7.2OO7 and Rc.No.N2l17+1/2010 dated

18.05.201O, the -1( t [roner has to make F-Line applica rol seeking to conduct F.eld NI, )€ . r.rrement Survey before responden Nrr.5-Tahsildar. Instead of maf:in11 [r 1 ,ine application before the Tahsilclar, u hc is competent authority to conc t r,l survey as per the aforesaid circular inst.ructions, the j l" 3 CVBR, J W.P.No.14O4O of 2025 petitioner has straight away made the application for Appeals on Demarcation. Learned Assistant Government further submits that if the petitioner Iiles F-Line application and the said application complies with all the requirements of the said circulars, the respondent authorities will consider the same.

6. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition permitting the petitioner to make F-Line application, duly enclosing the documents and land particulars, which are necessary for conducting survey and in the event of such an application being submitted by the petitioner and if the petitioner fulhls all the requirements mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, respondent No.5 shali conduct the survey, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, within a I period of eight (O8) weeks from the date of receipc of the application.

7. With the above observations, this Writ Petition is disposed of There shall be no order as to costs Miscellaneous appiications pending, if any, shall stand closed //TRUE COPY// SD/-T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER To, ! I ? .1 . Principal Secretary, Revenue Department' Secretariat Building' Secretariat' HYderabad, The State of Telangana' 2, The District Collector, Medchal Malkajgiri, Medchal Malkajgiri District' 3. The Revenue Divisional Officer' Keesara Division' Medchal Malkajgiri District : ;I , [.,

4. The Assistant ) rector of Survey and Land, Medchal l,/lalkalqir Drstrict. 5 The Tahsildar, \4edipatty Mandal, Medchat Malkajgiri Drstrict 6, One CC to IJ f iAPOLU BHASKAR Advocate IOPUC] 7. Two CCs to (lf ,,OR REVENUE, High Court for the State o.Tr:langana -/ B. Two CD Ooitiir BGS 1q- BS If L r't HIGH COURT DATED: 02101;17'025 \ ORDER WP.No.14040 ,rf 2025 ,| tl, 2 ; 'fi S .) t 7 At'i 02 25 \'/,. 'ii t i, t ,t, DISPOSING O F THE WRIT PETITION WITHOUT CO:'}TS ."gtol k^" *Y i : 1t

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