9ade Mallaiah v. 1. The State of Telangana

Petition Under 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 in the nature of Writ of MANDAMUS A) declaring the action of the respondents 2 to 4 in not conducting the survey and not fixing the boundaries to the petitioners agricultural land situated in sy.No.160/3 in an extent of Ac.0.1g guntas situated at Kothagattu Village, Atmakur Mandal, Warangal District in pursuance of F-online application Receipt No. TTDER02200844161 dated 25-08-2022, (B) not updating the name of the petitioner in revenue record such as digital passbooks and tifle deeds, dharani etc., pertaining to petitioners agricultural land situated in Sy.No.160/3 in an extent of Ac.0.'18 guntas situated at Kothagattu Village, Atmakur Mandal, Warangal District as illegal, arbitrary and violative of principles of natural justice and also violative of the provisions of su vey and Boundaries Act apart from being violative of Articles 14, 19, 21 and 30(r. \ of the constitution of lndia and consequently (c) direct the respondents to co rduct survey and fix boundaries of the above stated subject lands of the petition( - ancl also (D) direct the respondents to update the name of the petitioner in re,a nue record such as digital passbooks and title deeds, dharani etc., pertir ring to petitioners agricultural land. |.A.NO:1 OF 2023 Petition Under section i 5i cpc praying that in the circ rmstances stated in the affidavit filed in support of the petition, the High cour: may be pleased to direct the respondents 2 to 4 to updating the name of the p:titioner in revenue record such as digital passbooks and tifle deeds, dharani e t;., pertaining to the agricultural land situated in Sy.No.160/3 in an extent of Ac.0.1 ) guntas situated at Kothagattu Village, Atmakur Mandal, warangal District, per < ing disposal of the above writ petition. I.A.NO:2 OF 2023 Petition Under section 151 cpc praying that in the cir(;r mstances stated in the affidavit filed in support of the petition, the High court nay be pteased to direct the respondents 2lo 4lo conduct the survey and fix flr boundaries to the petitioner's private petitioner's agricultural land situated in iy_No.160/3 in an extent of Ac.0.1B guntas situated at Kothagattu Village. Atmakur tr/andal, Warangal District in pursuance of F-online applicat )n Receipt No. rrDER02200844161 dated 2s-08-2022, pending disposal rf the above writ petition. Counsel for the Petitioner : SRI RAVI KUMAR VADLAKONDI\ Counsel for the Respondents : SRI L.RAVINDER, AGp FOR It :VENUE The Court made the following ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.16368 of 2o23 ORDER: This Writ Petition is fileu seeking the following relief:- "...to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of MANDAMUS (a) declaring the action of respondent Nos.2 to 4 in not conducting the survey and not hxing the boundaries to the petitioner's agricultural larld situated in Sy.No. 160/3 in art extent of Ac.O.18 guntas situated at Kothagattu Village, Atmakur Mandal, Warangal District in pursuance of F-online application Receipt No.TTDERO220084416l dated 25.08.2022; lb) not updating the name of the petitioner in revenue record such as digital passbooks and title deeds dharani etc. pertaining to petitioner's agricultural land situated in Sy.No. 160/3 in an extent of Ac.o.18 guntas situated at Kothagattu Village, Atmakur Mandal, Waralgd District, as illegal, arbitrary, violative of principles of natura-l justice and also violative of the provisions of Survey ald Boundanes Act apart from being'violative of Articles 74, 79, 2l and 300A of the ConstituLion of India and consequently (c) direct the respondents to conduct survey and lx boundaries of the above stated subject lands of the petitioner and also (d) direct the respondents to update t}te name of the petitioner in revenue record such as digttal passbooks and title deeds dharani etc. pertaining to petitioners agricultural lald and pass... " 2 EV\" J /p Irr368-202i 2 Heard Sri Ravi Kumar Vadlakonda' learrl:d counsel for the PetLtloner and Sri L.Ravinder, learne c Assistart Covernmen I Plead.er for ^Revenue appear-i'r I for the respondents and u'ith their consent' this Wr t Petition rs being taken up for disposal at the admission stz 3e' 3. Learned counsel for the petitioner would rubmit that the owner and Posse:; or of the the Petitioner ls Ac.0. 18 guntas 1n agricultural land Sv.No.160/3 of Kothagattu Village' Atma< rr Maldai' Learned counsel for tl e petittoner Warangal District rvould further submit that when the neig)r louring land or\rners have started disturbing the bourL' aries of the subject land and as such' the petitioner haC ;ubmitted F- Line application, dated 25 'Oa '2022 to resporl ent Nos 2 to 4, by paling requisite fee to conduct surve] 'lthe subject of the land and fix the boundaries. The grie t ance that even after receiPt of tL t said admeasurlng petltloner F-Line application the respondent authorities di'1 not conduct survey and fix the boundaries' Learned (:( unsel for the 3 EVV. J wp I6366 2023 petitioner would further submit that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges

4. Learned Assistant Government Pleader for Revenue u.,ould further submit that the petitioner has not ltled any document to show that his narne was recorded in the revenue records as owner/pattadar except the applications/ representations made by him. He u,ould further submit that without filing any documents to show that he is the owner/pattadar of the subject land he is not entitled to make an application for conducting survey and demarcation.

5. Having heard the learned counsel for the petitioner; learned Assistant Government Pleader for Revenue appearing for the respondents and since the petitioner did not hle arry document to shorv that he is the owner/ pattadar of the subject land, this Court is not inclined to I 4 \\p 16j63 20i 3 XF\ \ I pass any positive directions to the responder t authorities. Hence, this Writ Petition is dismissed. Hou.rr ep, this order does not preclude the petitioner to work ou: his r.3medies as available under law. Mist:ellaneous petitions, if any pendin I in this Writ Petition, shall stand closed. No costs. SD/-A ;RINIVASA REDDY ASSIT TANT REGISTRAR-. .--' //TRUE COPY// Hyderabad. [OUT] '1. Two CCs to GP FOR REVENUE, High Courtforthe $ 2. One CC to sRr RAV| KUMAR VADLAKONDA, Advocaie I)pUCl 3. Two CD Copies OFFTCER \ECTTON tat: of Telangana at \ To SA LS L_. ./-: / I 23llC 65 ,^ a ,?' HIGH COURT DATED:2611112025 ORDER WP.No.16368 of 2023 DISMISSING THE W.P WITHOUT COSTS. \1./