Allowed

Sk.Ansar Ahmed, v. The District Collector

Telangana HC19 Dec 2022WP/32515/2017

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking mandamus directing respondents to survey and demarcate land. Directed petitioner to submit F-Line application and respondents to process it within limits of applicable government circulars.

What did the court decide?

Petitioner permitted to submit F-Line application via Mee-Seva; Respondents directed to survey/demarcate land within 12 weeks upon fee submission; no order as to costs.

Sk.Ansar Ahmed, Vs The District Collector — Land Acquisition | Telangana HC (2022)

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[³²⁵⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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IVONDAY,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 32515 OF 2017

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Between:

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Sk.Ansar Ahmed, Son of late Sk.Hussain, Aged about 46 years, Resident of lnside Fort, Khammam.

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...PETIT|ONER

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AND

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'1 . The District Collector, Khammam, Khammam District.

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The Revenue Divisional Officer, Khammam Rural Mandal, Khammam, Khammam District.

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The Tahsildar, Khammam Rural Mandal, Khammam District.

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...RESPONDENTS

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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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondents herein to survey and demarcate the lands admeasuring Ac.6.00 guntas in Survey No.121l1 of Danwaigudem Revenue Village, the then Khammam Rural Mandal, Khammam District as per the petitioner representation dated 06.1 1 .2015.

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l.A. NO: 1 OF 2017(WPMP. NO: 40449 OF 2017)

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Petition under Section 15 1 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 respondents herein to survey and demarcate the lands admeasuring Ac.6.00 guntas in Survey Nb.1 2111 of Danavaigudem Revenue Village, the then Khammam Rural Mandal, Khammam District, pending disposal of the Writ Petition

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Counsel for the Petitioner: SRI P RAVI SHANKER

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Counsel for the Respondents 1 to 3: GP FOR REVENUE

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDH:DT'R KUMAR wRIT PETITION No.32515 of 2Ol7

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ORDER:

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Fleard k arned counsel for the petitioner ;rnd learned Government PL ader for Revenue appearing for thc rt:spordents.

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This wri - petition is filed seeking to issr-:e a writ of mandamus dirr cting the respondents to survey and Cemarcate the land admeasur ng Acs.6.00 in Survey No. 121/ I of Danwaigudem Revenue Villag,:, Khammam Rural Mandal, Khamrram District, as per the re; resentation dated O6. 1 1 .20 15 subrnitte<l by the petitioner.

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Learned Assistant Government Pleader fcrr Revenue submitted that in terms of the Circulars issued by the Chief Commissioner < f Land Administration, the petitioner has to make F-Line applicat on through Mee-Seva requesling fcrr conducting survey and in case, if any such application is made by the petitioner, the ;ame will be considered by the resyrondents and appropriate ordt rs will be passed in accordance rvith taw.

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The isst e relating to conducting of slrrvey and sub-division st n ey etc., are considered by this Court in W.P.No.32785 o' 2022 by order dated 23.O8.2022 an<l rhe relevant portion from the srrid order ig.pxtracted hereunder:-

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"The Commissioner, Survey, Settlements and Land Records, Hyderabad, has issued various circulars from time to time in connection with conducting of survey, demarcations and subdivision of land and survey numbers and also disposal of F-line petiLions submitted by the parties concerned seeking survey and sub-division. The said circulars rvere issued keeping in view the Board Standing Orders-34A para 20(a) of the Boa-rd Standing Orders, which reads as under:-

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"Applications from private parties to point out the boundaries of their fields in accordance with the survey records may be receivcd by the Taluk Tahsildar. On receipt of the application with the deposit (prescribed fee), the Tahsildar should forward it to the Surveyor-Firka Deputy Surveyor who should, during his visit to the village, comply with the request. The Surveyor-Firka Deputy Surveyor should after pointing out the required boundary to the ryot,^{obtainhis signature to that effect in the applicationand should} himself (write) thereon that the boundary was pointed out by him in accordance with the measurements noted in the survey records."

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Paragraph No.6 (b) of the Rc.No.N2ll74l /2OlO, dated 18.05.20 10 Circular reads as under:-

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"F{ine petitions/demarcation petitions received in respect of portions of survey fields in agricultural lands should be converted by Tahsildars ad applications for subdivision on payment of balance fee payable, if any and subdivision should be done in accordance with BSO 34-A para 13 and in respect of Telangana districts in accordance with CSSLR circular Rc.No.N 1 / 1408/ 07 dt. 13.O7 .2OO7."

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Thereafter, another Circular in Rc.No.Nl/4296/2012 dated' 22.08,2012 was issued duly issuing further instructions and guidelines for demarcation and survey of the sub-division survey numbers and instruction Nos. 1 to 6 of the^said Circular read^as under:-

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" I . Ever F-Line Demarcation application must be submitled to the conce nt:d Tahsildar/ E-Seva/ Mee-Seva.

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Eveq.F-Line Demarcation application must be rr:gistered and such r€ gistered applications must be attended in r;eriatltm only and valid reasons for any deviation to the seriaturr should be recorded.

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(a) Every F-Line demarcation application s.h;tll be accor rpanied by a Xerox copy of pattadar passbt>ok or a copy rf the latest adangal/pahani.

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(b) )emarcation application without such supporlive or evider rtial document may be rejected.

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1. If the applicant submits a self sworn aflidavit declaring his rights/r )puted ownership a possession along with the demarcation petition, the concerned Tahsildar ma}/ I ak-e an appropriate⁽ ecision after thorough verification of records either to forward th : same to the Surveyor or reject.

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(a) Mandal Surveyor/Deputy Surveyor shall serve

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notice l to the

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( I ) Applicant (21 Adjacent land holders within the suw(y number and adjoining survey numbers (3) Village Revenue Offrcer (41 If the adjacent land belongs to local body/Government, notices shall be sewed on the concerned authority

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(b) Pr or to issue of notices or after issuing the notrces, if any w itten objections of the adjacent land hold,:rs are receivr d, demarcation cannot be denied unless it is a legally valid objection and approved by the Tahsildar. (c) In general, after issuing the notices if any arljacent land holder absent for demarcation, naturally demar{ ation will be postponed.

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In such cases, notices to be issued to illl the concer red consequently two times and if any of trem is absent for demarcation even after receipt of the notices, it final r ctice shall be issued intimating them that the

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demarcation will bc done on the date mentioned in the final notice "even in their absence', as due opportunit5z was given.

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If the demarcation application is for a part of undivided field such application may be converted into patta sub-division applicaticn and necessary statutory procedure to be followed for it by taking application from applicant."

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From a perusal of the above referred Circulars, it is clear that as and when P-line petitions for demarcation/sub-division are reccived in respect of portions of survey numbers in agricultural land, tJley are required to be converted as applications for sub-division by the Tahsildars on pa)'rnent of balancc fee payable, if any and sub-division shall be done in respect of the Telangana Districts in accordance with Circular in Rc.No.Nl/ 14O8/O7, dated 13.07.2007, issued by the Commissioner of Survey, Settlement and Land Records. At this stage, it would be nccessary to make note of some of the instructions issued in the said Circular dated 13.07.2007 which are extracted hereunder:

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"5. Thereafter, the Mandal Surveyor will proceed for sub-division and prepare the sub-division record. The subdivision shall be done in accordance with the description of property sale deed in case of sales, partition deed in case of partition, mutual agreement in case of succession etc. However, the sub-division will be done only subject to the actual possession on ground tatlying with the documents mentioned above provided that the Transferees name hnds place in the Revenue accounts through proper mutation.

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After preparation of the SDR, the Mandal Surveyor shatl submit it to the Tahsildar who will verify whether it confrms to the documents^and whether records are^sig-nedby atl the concerned parties. Thereafter, Tahsildar should send^the record to Assistant Director, Survey and Land^Records Department with a^{proposal for} sanction of Phodi.

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Upon receipt of this proposal, the Assistant Director shall scrutinize the records and take further action for

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preparatio: r and issue of supplementary s(:thlvar :lnd for incorporati ln of changes, if any.'

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The Circu lar instructions issued by the Commi:;siont:r are very clear and absolutely there is no ambiguit'r alri the obligation hat is cast upon the respondent-Tzllsildar is unequivocal und hence, any action on the^p€'J1- ol' the respondents to refuse to conduct survey and demrr< ation or sub-division of the part survey numbers pursuanl tc, the request mac e by the persons concerned by strbmitting F-Line petitions is t:tally impermissible and illegal. It is on t-v to ilvoid such ambig tous situation, the above referrecl circtrli:rrs were issued categ, rrically stating that it is the obligation on the part of the respo rclent-Ta-hsildar to take up such appli<:alions as and when he applications are received for surv-ey and demarcation of part survey numbers and to complete the survey by du y collecting the required fees.'

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In the lighi of the above, this Court is of the consrdered view that this Writ Pet ition can also be disposed of on the sirme lines.

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In the ligh - of the above, this Writ Petition is disposed of with the following directions:

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(i) The pet tioner is permitted to submit F-Line application through Mee-Sev r requesting to conduct survey of the subject land within a peri rd of two weeks from the date of receipl- of a copy of this order;

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(ii) On s rbmission of such F-Line applicatLon by the petitioner, respon( ent Nos.2 and 3 are directed to take up the said application subr litted by the petitioner for conducting

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survey/ demarcation/ sub-division of the land admeasuring Acs.6.00 guntas in Survey No. 121/ i situated at Danwaigudem Revenue Village, Khammam Rural Mandal, Khammam District;

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(iii) In case, if respondent Nos.2 and 3 are of the view that sub-division of survey number is required to be done and any further fees is requiled to be paid by the petitioner in terms of the Circulars, referred to above, the same shall be intimated to the oetitioner and on receipt of such intimation from respondent Nos.2 and 3, the petitioner shall pay such fees as may be required by respondent Nos.2 and 3s;

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(iV) On such payment of fees by the petitioner, respondent Nos.2 and 3 shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law; and

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(rrr) The entire exercise, as directed above, shall be completed within a period of twelvc weeks from the receipt of F-Line application submitted by the petitioner. There shall be no order as to costs.

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Miscellaneous Petitions, if any,^pending in this writ^petition shall stand closed.

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To,

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TJrisi[0I1'J"[',Hi[ /TTRUE^COPY// sE&#i^oFFrcER

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1. +[:Rl,.J,.J:1,?'Ji,?l?,i;5,8ffi^{l"?it'lHfiLit3',jl',in"ho"''Khammam'} 4. tFf;U*?i ff'#^{T 5,giyllssllT["T s gi[8'i"""' Resid e nt or} lnside Fort,^Khammam'

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One CC to S Rl P RAVI SHANKER Advocate [OPUC]
6. Two CCs to lP FOR REVENUE,High Court for the Stat€ c'Telangana at
Hyderabad [( UT]
\ 7. Two CD Cop 3s
EDS
SW
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t I

HIGH COUIIT

DATED:191 1212022

; S iAI[
::_
1? llN 1$8 o.<br>*
i .'1l
\ OESpATC

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ORDER

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WP.No.325' 5 of 2017

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DISPOSING OF THE WRIT PETITION WITHOUT C OSTS

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q.)
).c
c<br>

Sk.Ansar Ahmed, v. The District Collector

Case brief

What is this about?

What did the court decide?

Sk.Ansar Ahmed, v. The District Collector

Case brief

What is this about?

What did the court decide?

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