Dismissed

Mohd Abid Hussain v. The State of Telangana and 4 others

Telangana HC12 Aug 2021WP/18080/2021

Case brief

AI extract

What is this about?

A petition under Article 226 seeking a declaration that the respondents' inaction in conducting a survey of the petitioner's land is illegal and arbitrary. The court disposed of the petition without deciding merits, directing the Tahsildar to consider the survey application.

What did the court decide?

Directed the Tahsildar to consider the application for survey and fix boundaries; if in order, direct the Mandal Surveyor to conduct survey.

Mohd Abid Hussain Vs The State of… — Pension and Retirement Benefits | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NO: 18080 OF 2021

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Between:

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It/ohd Abid Hussain, S/o. Mohd. lqbal Hussain, aged about 45^years, r/o. H.No.19-3300lal2l1 Vattepally Opp. Faiz Gulshan,Falaknuma, Charminar, Hyderabad, Telangana.

¶9

.,.PETITIONER

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AND

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The State of Telangana, rep. by its Principal Secretary, Department^{of Revenue,} Secretariat, Hyderabad.

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The District Collector, Ranga Reddy District, Telangana.

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The Revenue Divisional Officer, Turkayamjal Division,^{Ranga Reddy District,} Telangana.

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The Tahsildar, Yacharam Mandal, Ranga Reddy District.

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The Mandal Surveyor, Yacharam Mandal,^{Ranga Reddy District.}

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...RESPONDENTS

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Petition under Article 226 of eonstitution of lndia^praying that in the circumstances stated in the affidavit filed therewith,^{the High Court may be pleased} to issue an order, writ or direction^{more particularly one in the natureof writ of} Mandamus, declaring the inaction of^{the Respondentsin conductingsurvey of the} lands in the lawful ownership and^{possession of the Petitioner land admeasuringan} extent of 0.13^guntas in sy.No.^{358/3 and 0.13 guntas in Sy.No. 358/4 totaling to} Ac.0.26 guntas en bloc, situated^{at NandiwanaparthiVillage, Yacharam lr/andal,} Rangareddy District, is illegal, arbitrary,^{contrary to the provisionsof the surveyand} Boundaries Act, 1923,. and^{u nco nstitutiona Iand consequently directthe} respondents to conduct survey of^{land of the Petitioner}

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^{prayingthat in the circumstancesstatedin} the affidavit filed in support^{of the petition,the High court may be pleased to direct} the respondents to conduct^{surveyof the lands under lawful possession of the} Petitioner admeasuring an extent^{of 0.13 guntas in sy.No. 358i3 and 0.13 guntasin} Sy.No. 358/4 totaling to Ac.^{0,26 guntas en bloc, situated at Nandiwanaparthi} village, Yacharam Mandal, Rangareddy^{Districtand fix the boundaries,pending} disposal of the writ^petition

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Counsel for the Petitioner: SRI'^{MADAS BHARATH CHANDRA}

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Counsel for Respondents:^{AGP FOR REVENUE}

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The Gourt made the following:^ORDER

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-2-

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HONOURABLE SRI JUSTICE P.NAVEEN^F!s,O

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WRIT PETITION No.18O8O of 2O2l

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ORDER:

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This writ petition is filed praying to grant the following reliel

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"...to issue an order, writ or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents in conducting survey of the lands in t:re lawful ownership and possession of the Petitioner land admeasuring an extent of 0.13 guntas in Sy.No.358/3 and 0.13 guntas in Sy.No. 358/4 totaling to Ac.0.26 guntas, en bloc sitiated at Nandiwanaparthi Village, Yacharam Mandal, Rangareddr' District, is illegal, arbitrary, contrary to the provisions of the Srrrvey and Boundaries Act, 1923 ar.]d unconstitutional and consequently direct the respondents to conduct survey of land of the Petitioner and pass such other order,..,"

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Heard Sri Madas Bharath Chandra, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

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Petitioner claims that he is the absolut,l owner and possessor of land to an extent of Ac.0. 13 guntas in Sy.No.358/3 and Ac.O.13 guntas in Sy.No.358/4, situated at Nandiwanaparthi Village, Yacharam Mandal, Ranga Reddy Dirrtrict, having purchased the same from the original owner Sri Hitendra Ashok Desai through registered sale deed bearing docurr.ent No.935 of 2021. Since the date of purchase, he is in possessiorr and his name was recorded in the revenue records. Petitioner^{:laims that in order to ascertain exact boundaries to his land, he made application on 06.05.2021 in F-Line mode requesting to conduct survey and fix the boundaries to the subject land. Alleging that sofar survey is not conducted, this writ petition is fiI,:d.

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Copy of the receipt issued by TSTS Ltd., in re,rponse to filing of F-Line application by the petitioner is filed as Ox.P.2 at Page No.1 1 of the writ petition paper book.

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-J-

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ln view^{thereof, without entering into the merits'the} writ^petition is^{disposed of directingthe Tahsildar, Yacharam} Mandal,^{Ranga ReddyDistrict-4s respondent' to consider the} application^{submittedby petitioner for conducting survey and} fixing boundaries^{to the subject 1and. If the said applicationis} otherwise^{in order, the Tahsildar may directthe MandalSurveyor-} Sft respondent^{to conduct survey by strictlyfoiiowingthe circular} instructions^{issued from time to time by the Commissionerof} Survey,SettlementandLandRecords'ifnecessarybyputtingon owners. if,^{for anY reason,the} notice the^adjacent ProPerty conduct^{surveY and fix boundaries} Tahsildar^{is not in agreement to} to the land,^{he sha-lI pass orders assigning reasons in supportof} the decision^{and communicatethe sameto the petitioner withina} period of ten^{(10) weeks from the date of receipt of copy of this} order. Pending^{miscellaneouspetitions'if any, shall stand closed'}

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//TRUE COPY//

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SD/-T.TIRUMALA^DEVI ASSISTANT^REGISTRAR I

LII),.-

SECTION^OFFICER

To, 1. The Tahsildar,^{Yacharam Mandal' Ranga Reddy District.} 2. o." bti""^{sii tVladas Bharath Chandra Advocate[oPUC]} .7 Two CCs to^{GP for n"u"n*"n]gtCo"t tot ttu Siateof Telangana'[OUT]} 4. Two CD^CoPies 5. One SPare^CoPY MBC *\ V

HIGH COURT

DATED:1210812021

ORDER

WP.No.18080 of 2021

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¶45

DISPOSING OF THE WRIT PETITION WITHOUT COSTS Sazt

Mohd Abid Hussain v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

Mohd Abid Hussain v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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