✦ High Court of India · 17 Jun 2025

High Court · 2025

Case Details High Court of India · 17 Jun 2025
Court
High Court of India
Decided
17 Jun 2025
Bench
Not available
Length
1,234 words

Judgment

1. .)

3. 4 5 o The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad The Chief Commissioner of Land Administration, Government of Telangana, Secretariat, Hyderabad. 'survey The District Telangana. The Revenue Divisional Officer, Vikarabad District. The District Collector, Vikarabad District, Telangana. The Tahasildar, Dharur lr,4andal, Vikarabad District, T.S. Settlement and Land Records, Vikarabad District, ..,RESPONDENTS

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 one a Writ in the Nature of lVandamus, directing the Respondent No. 3 to 6 to conduct the survey and demarcation of our lands in survey No.68/Aa, Adm. Ac 1-00 gts, of Rudraram Village, Dharur Mandal, Vikarabad District, by fixing the boundary stones under tfte provisions of Telangana (AP) Survey and Boundaries Act, 1923 by declaring the inaction of the Respondent No. 3 to 6 in ignoring the request of the Petitioners for conducting Survey as illegal, arbitrary and u nconstitution al and contrary to the provisions of Telangana (AP) Survey and Boundaries Act, 1923 and rules made there under lA NO: 1 OF 1102s Petition rn le r Section 151 CPC praying that in the :irct mstances stated in the affidav t f iltr j in support of the petition, the High Court m ay be pleased to direct the Res5ron,1 :nt No. 3 to 6 to consider the app ication r f the Petitioners dated I5-04-202!) fcr conducting survey and fixing the coundar :s of Petitioners' land in .survey f.]r,.38/Aa, Adm. Ac.1-00 gts, of Rudrararn Village Dharur Mandal, Vikarabad Dir;trict. t,ending disposal of the writ petition Counsel for the P€titioner: SRl. LINGALA SUDHEER Counsel for the Re s;pondents: SRI L . RAVINDER ,AGP FOR RE VENUE The Court madr: the following: ORDER a ORDER: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No. 16462 of 2o25 : r#- '{i s ,, This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following relief: "....to issue an approprtate Wit, order or directton more particularlg one a Wit in the Nature of Mandamus directing the Respondent Nos.3 to 6 to conduct the surueg and demarcation of our lands in Suraeg No.68/Aa, admeasuring AI.1.OO gts of Rudraram Village, Dharur Mandal, Vikarabad District bg ftxing the boundary stones under the prouisions of Telangana (AP) Surueg and Boundaies Ad, 1923 bg declaing the inaction of the Respondent 1vos.3 to 6 in ignoring the request of the Petitioners for conduding surueV 6rs itlegal, arbitrary dn.d. unconstitutional and contrary to the prouisions of Telangana (AP) Surueg and. Boundqies Act, 1 923 and Rules. . . . "

2. Considered the submissions of the Iearned counsel for the petitioners; Sri L. Ravinder, lbarned Assistant Government Pleader for Revenue appearing for the respondents, and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioners are the absolute owners and possessors of agriculture lands admeasuring Ac.1.OO gts in Sy.No.68/Aa situated at Rudraram Village, Dharur Mandal, Vikarabad District, having succeeded the same from their father. It is further stated that originally the grandfather of the petitioners was the owner and possessor of the subject property and the revenue authorities have mutated his name in the revenue records I 2 ald also ssu: J pattadar passbooks in his favour . Tl-re g 'ievance of the petitionr:rs s that they have submitted an F-l,ine app,ication on

15.04 .2otl,5 ir., paying requisite fee to condu( t s trv€ r and for fixation of bcrrndaries over the subject lands;, but :ven after receiving tlLc l;rrid application, the respondent a uth.triti :s are not conductir g sLul'ev. Hence, this writ petition.

4. Learr ec F.ssistant Government Pleader for I{evenue appearlng for the rr:spor rlents submitted that the name of the retitioners grandfather is r:corded in all the revenue records, but th, same are not co-relatin 4 .vith the entries made either under th,: pr )vrsrons ol the Telanl;ane Flights in Land and Pattadar Passtrooks A< t, 197 1 or the Telanga nzr )?ights in Land and Pattadar Passboc,ks \cL, 2O2O. Learned Ass.s;tant Government Pleader for Revenu : further submitted thi: I unless the namcs of the petitioners are r 'corded in the revenur: -r:,;91615, they are not entitled to r;ubrni1. rn F-Line applicatio r ,. e r king to conduct survey and hxatio r of the boundaries in ::spect of the subject lands, and jn the e ent if the petitionerri s;u r nrit an application seeking issuanc,: of the toutt izafa (succession crrrtificate) and for consequential isslanr:e o 'pattadar passbooks rrrl title deeds in their favour, the rr:sponde rts would consider tht: 521516 and pass appropriate orders in ac,:ord lnce with law. 3

5. In view of the above submissions, since the name of the petitioners grandfather is depicted in the revenue records as pattadar in respect of the subject lands, this Court deems it appropriate to dispose of this writ petition permitting the petitioners to make appropriate online application in the prescribed format in Bhu Bharati Web Portal, for granting pouti izafa (succession certificate) and for consequential mutation of their names in the revenue records. After granting the succession certificate, the respondents are directed to issue pattadar passbooks in favour of the petitioners and take steps for conducting survey as per the I I provisions of the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder in respect of the subject lands. In any event, if the application of the petitioners does not fulfilI the requirements of the Teiangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short "the Bhu Bharati Act") and the Rules made thereunder, the respondent-authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioners. The entire exercise shall be completed within a period of tl'rree (O3) months from the date of receipt of the application.

6. With the above observations, this Writ Petition is disposed of. No order as to costs. 4 As e s ec rr,:1, the miscellaneous petitions perrding, if any, shall stand closecl //TRUE COPY// SD/- A.. SF INIVASA REDDY ASSISTAI{T REGISTRAR SE CTION OFFICER

1. The Prinr:iprzt Secretary, Revenue Department, Ser:retariat, l.S.,Hyderabad 2. The Cl iel. C:ornmissioner of Land Administration, G,lvertrme rt of Telangana, Secretilri at, llyderabad.

3. The Dir;trict li.rrvey Seftlement and Land Records, '/ikaraba I District, Telang ar a

4. The Revr:nu: Divisional Officer, Vikarabad District. 5. The Dir;trict (lcllector, Vikarabad District, Telangana. 6. The Tahrrsi c itr, Dharur Mandal, Vikarabad District, T.S. 7. One C(l i liRl. LINGALA SUDHEER ,Advocate [OPU() B. Two C()s tc (iP FOR REVENUE ,High Court for the Stztte o Telangana at Hyderabi;d Il,UT]

9. Two CI) .)c P i,:s B I\iI GJP \v To, \ \ HIGH COl.,lR'lr DATED:1710612025 ORDER WP.No.16462 of 2025 ,1-''-'"''r je I'rt I f4 (' 't- ()^ J 01 ,tirt 2025 Pcs.,. , .\. DISPOSING OF THE WRIT PETITION WITHOUT C)OSTS otf o

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