Disposed

S.Nusayr Azam v. The State of Telangana

Telangana HC19 Dec 2023WP/24263/2023

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging inaction by revenue authorities regarding F-Line applications for land survey and demarcation. The court directed the respondents to consider the applications issue notices and pass orders within two months. It decided without going into the merits of the dispute over title and possession.

What did the court decide?

Respondents directed to consider F-Line applications for appeal on demarcation, issue notices to concerned persons, and pass orders within two months.

S.Nusayr Azam Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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[³¹⁸³¹

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

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TUESDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION NO: 24263 OF 2023

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Between:

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S. Nusayr Azam, D/o late Wasif Azam, age: 70 years, occupation: Engineer, R/o Flat No.101 , Aditya Garden, Apartments, Road No.5, Banjara Hills Hyderabad through his G.P.A holder K. Ramdas Goud, age. 68 years, occupation. Business, R/o H.No. 6-1-1551102, Sai Rukmini Apartments, Padmarao Nagar, Secunderabad.

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...PETITIONER

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AND

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The State of Telangana, represented by Principal Secretary (Revenue) Secretariat, Hyderabad.

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2- The District Collector, Rangareddy District.

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The Tahsildar, Gandipet Mandal, Rangareddy District.

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The Assistant Director of Survey and Land Records, Rangareddy

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Mandal Surveyor, Gandipet Mandal, Rangareddy 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 be pleased to issue an Order, direction or Writ more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent no. 4 in disposing the appeal and causing Survey of land admeasuring Ac.8-1OGts in Sy.No. 31/P, Ac.1-24 Gts in Sy.No.33/1/AA, Ac.1-36Gs in Sy.No.34/AA, Ac.0-36 Gts in Sy.No.37/1/AA/'l , Ac.1-29 Gts in Sy.No.3B/AA, Ac.O-18Gts in Sy.No.39/AA, Ac.1-30 Gts in Sy No.44lAA, Ac.1-07Gts in Sy.No.4S/AA and Ac.125 Gts in Sy.No. 51iAA totally Ac.16-05 Gts in Kokapet Village, Gandipet Mandal in Rangareddy District as illegal, arbitrary and consequently direct the respondent no.4 dispose of the appeal and cause survey of land of Petitioner and others.

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r I I i

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lA NO: 1 OF 2023

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Petition under Section^'l 51 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 no.4 to dispose of the appeal and cause Survey of land admeasuring Ac.8-1OGts in Sy No. 31|P, Ac.1-24cts in Sy.No.33l1lAA, Ac.136Gs in Sy.No.34/AA, Ac.0-36Gts in Sy.No.37l1/AA/1, Ac..l-29Gts in Sy.No. 38/AA, Ac.0-l8Gts in Sy.No.39/AA, Ac.1-30Gts in Sy No,44lAA, Ac,1-07Gts in Sy.No.45/AA and Ac.1-25Gts in Sy.No.5'1lAA totaily Ac.16-O5Gts in Kokapet Village, GandipetMandal in Rangareddy Districtof the petitioner and others pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI PASNOORU ANANTH AATHREYASA

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Counsel for the Respondents: ASST. GP FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY

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WRIT PETITION No.24263 OF 2023

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ORDER: (ORAL)

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This writ petition is filed by the petitioner seeking to declare action of respondent Nos.4 and 5 in not considering the F-Line applications for appeal on demarcation bearing Nos.AOD022300052019 and AOD022300052022 dated 24.03.2023 submitted by the petitioner for conducting Survey, demarcation and flrxing of boundaries of her land admeasuring Acs.8-10 guntas in Survey No.3 l/P, Acs.l-24 guntas in Survey No.33/t/AA, Acs. l-36 guntas ln Survey No.34lAA, Acs.0-36 guntas in Survey No.37lllANl, Acs.l-29 guntas in Survey No.3S/AA, Ac.0-18 guntas in Survey No.39/AA, Acs.1-30 guntas in Survey No.44lAA, Acs. l-07 guntas in Survey No.45lAA and Acs.l-25 guntas in Survey No.5 l/AA total admeasuring Acs.l6-05 guntas situated at Kokapet Village, Candipet Mandal, Ranga Reddy District, as being illegal and arbitrary.

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Heard leamed Counsel for the petitioners, Iearned Assistant

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Government Pleader for Revenue appearing for respondents, and perused the material on record

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Learned counsel for the petitioner has submitted that Mr. Syed Wasim Azam (father of the petitioner), Mr. Syed Sikander Azam, Mr. Syed Akbar Azam, Smt. Nuzath Fathima and Smt. Sarwath Fathima are the owners and possessors of the land admeasuring Acs.8-10 guntas in Survey No.3llP, Acs.l-24 guntas in Survey No.33/l/AA, Acs.l-36 guntas in Survey No.34lAA, Acs.0-36 guntas in Survey No.37ll/AA/1, Acs. l-29 guntas in Survey No.38/AA, Ac.O-18 guntas in Survey No.39/AA, Acs. l-30 guntas in Survey No.44lAA, Acs. I -07 guntas in Survey No.45lAA and Acs.l-25 guntas in Survey No.5llAA total admeasuring Acs.l6-05 guntas situated at Kokapet Village, Gandipet Mandal, Ranga Reddy District. The father of the petitioner died intestate on 18.03.2008 leaving behind four (4) daughters and son as his legal heirs. Petitioner is in physical possession and enjoyment of the 2/8'h share of his father's property. However, the names of his father and other share holders is continuinln the revenue records

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'.7.,.

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and the petitioner along with his sisters did not obtain pattadar passbook in respect ofthe subject lands.

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It is further submitted that during petitioner's father life time he sold a part of lands in Survey Nos.44, 45 and 51 to Chaitanya Bharathi Institute of Technology and remaining land is in the possession of the petitioner and his sisters. Petitioner has filed F-Line applications dated 21.11.2021 and 11.02.2022 for surveying his land in Survey Nos.44lAA, 45lAA and 5llAA Thereafter, respondent No.5 issued notice dated 24.01.2022inFile No.MS/238/2391240/2022 dated 24.01.2022 and, notice dated 14.02.2022 in File No.MS 13312022 fixing the date of survey. As suryey was not conducted despite issuance of notice, the petitioner has filed W.P. No.3062 of 2023, wherein respondent No.5 submitted that the applications of the petitioner was rejected as there was serious dispute with regard to title and possession of the subject land. The said writ petition was closed on 23.02.2023 giving liberty to petitioner to avail remedies available under law.

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Learned counsel for the petitioner further submitted that the subsequently, petitioner has hled for F-Line applications for appeal

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on demarcation^{bearingNos.AOD022300052019and} AOD0223000 52022^{dated24.03-2023 before respondentNo'4 for} conducting Survey,^{demarcationand fixingof boundariesof the} subject [and.^{However, there is delayon the part of respondent} authorities in^{processingthe F-Line applications for appeal on} demarcation of^{the petitioner.Hence, he is constrainedto} approach this Court.

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Learned Assistant^{Govemment Pleader for Revenue} appearing for respondents^{has submitted that appropriateaction} will be taken on the^{F-Lineapplicationfor appeal on demarcation} submitted by the^{petitioner, in accordancewith law'}

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7 . Recording the aforesaid submission^{of the leamed Assistant} Govemment Pleader^{for Revenue, without going into the merits of} case, the writ petition^{is disposed of directingrespondent Nos'4} and 5 to consider the^{F-Line applications for appealon} demarcation Nos.AOD022300052019^{and AOD022300052022} dated 24.03.2023 submitted^{by the petitioner for conducting} Survey, demarcation and fixing of^{boundariesof her land} admeasuring Acs.8-10 guntas in Survey^{No.3llP,Acs.1-24guntas}

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in Survey No.33/1/AA, Acs.l-36 guntas in Survey No.34lAA, Acs.0-36 guntas in Survey No.37lIlANI, Acs.l-29 guntas in Survey No.38/AA, Ac.0-18 guntas in Survey No.39/AA, Acs. l-30 guntas in Survey No.44lAA, Acs. 1-07 guntas in Survey No.45lAA and Acs.1-25 guntas ln Survey No.51/AA total adrneasuring Acs.l6-05 guntas situated at Kokapet Village, Gandipet Mandal, Ranga Reddy District, by issuing notice to all concemed./interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order

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As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to

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costs.

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SD,-T.^JAYASREE ASSISTANT^RFGIS'EAR //TRUE COPY/' ,ecrroff#rrcen

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To, 1. The^{Principal Secretary (Revenue) The State of Telangana' Secretariat'}

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; Il: i+$1tr^{ffiffi,;;1ffi}

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? H;i'::iii:il'atsr , BNBS hrl?l'Jo "or'..

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frH.-ffiTgi3q;o** ffi:#:

CC TODAY

HIGH COURT

DATED:1911212023

ORDER

STATE o
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I D E g r, eJ

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WP.No.24263 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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S.Nusayr Azam v. The State of Telangana

Case brief

What is this about?

What did the court decide?

S.Nusayr Azam v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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