Smt. Kalal @ Ediga Swaroopa v. The State of Telangana
Court: High Court for State of Telangana
Bench: C.V. BHASKAR REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-30. Smt. Kalal @ Ediga Swaroopa v. The State of Telangana. Read the judgment and case details on...
Judgment text
I s2s6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction) MONDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO: 36716 OF 2024 Between: Smt. Kalal Swaroopa, w/o Hanmaiah, aged about 66 years, @ EiiSa occ. Agriculture, r/o Dharoor village and Mandal, Vikarabad District. ... PETITIONER AND 1. The State of Telangana, rep. by its Principal Secretary, Revenue Department Secretariat, Hyderabad. 2. The District Collector, Vikarabad District at Vikarabad. 3. The Tahsildar, Dharoor Mandal, Vikarabad District. 4. The Assistant Director, Survey 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 in the nature of Writ of Mandamus, declaring the inaction of the respondents in conducting survey, demarcation and fixing the bbundaries in respect of the land in inspite of the F-line application bearing No. TTDER02230O91l505 dt. 24-3-2023 and another Application No. TTA0D02240006076 dt.
12-3-2024, as being illegal, arbitrary, unjust and unconstitutional and consequenfly direct the respondent auttlori(ies to conduct survey, demarcation and fix the boundary stones in respect of the above mentioned land ry IA NO 11 0F 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to consider the F-line application bearing No. TTDER022300911505 dt. 24-3-2023 and another Application No. TTA0D02240006076 dt. 12-3-2024, pending disposat of the main petition, writ in the interest of justice Counsel for the Petitioner: SRl. AMARAGANI MALSOOR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C. V. BHASKAR REDDY IIRIT PETITION No. 36716 of 2024 ORDER: This writ petition is filed declaring the action of respondent Nos. 3 and 4 in not considering the F-Line application, dated 24. 03.
2023 and application for appeals on demarcation, dated 12. 03. 2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs. 2. 29 guntas in Sy. No. 221/AA/ 1 situated at Dharoor Village and Mandal, Vikarabad District and non-initiating to fix the boundaries to the petitioner's land, as illegal and arbitrary and for other appropriate ; I reliefs. 2. It is stated that the petitioner is the pattadar and possessor I of the agriculture land Acs. 2. 29 guntas in Sy. No. 22 1/AA/ 1 I situated at Dharoor Village and Mandal, Vikarabad 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. TO704O 150484 uide Khata No. 1056 under the provisions of the Telangana Rights in Land and l Pattadar Passbooks Act, 2O2O.
It is the further case of the petitioner that when neighbouring land owners have started * disturbing the boundaries ofthe subject land and as such, the Wp_36716_2O24 petitioner had submitted F-line application, dated 24. 03. 2023 and for appeals on demarcation, dated L2. O3. 2O24 to conduct the survey and demarcation of the subject land and l-rx the boundaries. The grievance of the petitioner is that even after receiving the said applications, the respondent authorities are not conducting survey and hxation of the boundaries. 3. Considered the submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for tl're respondents and with their consent this writ petition is disposed of at the admission strge. 4.
l,earned counsel for the petitioner has submitted 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 collecling necessary charges. 5. Iearned Assistant Govemment 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 hxing boundaries. J wp_36716_]O24 6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lalds in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli No. VIII of . (Act 1317 Fasli), the Telangana Survey and Boundaries Act, I923, and the Rules framed thercunder.
the Covernment has issued various circulars specifying the cortdltlons for codductlng surveys, particularly F-Line ltie ia meagtretnent) SufvelS; Individuals requesting such surveys dfe required to srrbmit "pecilic documents, and if the conditions stipulated ln the circrllars arri fulfilled, the survey and boundary fix&tion mdy b" conducted. The Commissioner, Survey, Settlements dnd Land Reeords, exercising powers under the Telangana Survef and Boundaries Act, 1g23, issued relevant circulars frorh tirne tb I ime vide Rc. No. N 1 /654 3 / 99, dated. 2s. OZ. 2OA 1, Rc. No. N I / t4O a / OZ, dated 13. OT. 2OOZ, and Rc. No. N2l174 t/2OtO, dated 18. 05. 20rO stipulating the condjtions for conducUng bufr. ey of private lands and as per the said circulars, if the petitioner fulfrls all the conditions of the said circular, it IS aa obligation for the respondents to conduct survey within the time specified in the said circulars I 7 .
In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents I wp_36716 2024 Nos. 3 and 4 to examine the petitioner's F-Line application, dated 24. 03. 2023 and application for appeals on demarcation uide No. AODO2240 00607 6, d. ated 12. 03. 2024 submitted for conducting survey and demarcation by hxing boundary stones to the petitioner's land to an extent of Acs. 2. 29 guntas in Sy. No. 221 lAAll situated at Dharoor Village and Mandal, Vikarabad District and if the petitioner fullils all the conditions mentioned in the circulars issued by ttre 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, wittrin a period of eight (8) rn'eeks from the date of receipt of a copy of this order. 8.
With the above observations, this Writ Petition is disposed of. There shali be no order as to costs. I 9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. K. AMMAJT T REGISTRAR ASSI //TRUE COPY// ION OFFICER To, iii:E,{i$. :H"i:i],fi'#;l"li,". L"mxlfi :l'""0':*''rs'Hvderabad ? +[:I3! :JEfi r,? i"T8? :ffi1i,9i. ffi;si[i"y;i1,iX3r;5""", 3 ? ,t3 33Ji"'3i |SAX Hyderabad [OUT] 7 Two CD CoPies (L BM BS HIGH COURT DATED:3011212024 lttE SIA rg o , o > il o 2 [ JAt{ 2m rl ORDER WP. No. 36716 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS *d"4 \o Fr f,d^t
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