Allowed

Nidadavolu. Lakshmi Devi v. The State of Telangana and 6 others

Telangana HC27 Jan 2023WP/46757/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition seeking a writ of mandamus. The Court directed the Revenue respondents (Tahsildar and Surveyors) to process the petitioner's F-line application for conducting a sub-division survey and fixing boundaries of agricultural land, citing prior circulars and parity with a related pending matter.

What did the court decide?

Directing Respondents 3 to 6 to process the F-line application for survey and sub-division within 45 days, subject to fee payment.

Nidadavolu. Lakshmi Devi Vs The State of Telangana… — Specific Performance | Telangana HC (2023)

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13168 |

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 46757 OF 2022

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Between:

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Nidadavolu. Lakshmi Devi, Wo Krishnaiah. H. No. l8-754, Occ agriculture, Miriyalaguda Village and Mandal, Nalgonda District.

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...PETITIONER

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AND

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l. The State ofTelangana, Rep. by its Pr[ Secretary, Revenue Department, Secretariat, Hyderabad.

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The District Collector, Nalgonda District. TS.

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Asst Director ofSurvey ofLand Records, Nalgonda District.

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Division Surveyor of Land Records, Nalgonda, Nalgonda Dist.

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The Tahsildhar, Miriyalguda Mandal. Nalgonda l)istrict.

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The Mandal Surveyor, Miriyalguda Mandal. Nalgonda

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The Station House Officer^(S. H. O), Miriyalguda Rural, Nalgonda 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 tlled thereu,ith. the High Court may be pleased to issue a Writ of mandamus or any other appropriate writ order or direction declaring the inaction of the Respondents No. i in considering the application/appeal ofthe Petitioner vide Mee Seva Receipt No. AOD0222000:185 8 7 Dt 5-ll-2022 for conducting including sub- division, survey and fixing the boundaries in rcspect of the Agriculture land to an extent of Ac. l- l2gts in Sy No. 548iAAl. situated at Alagdapa Village, Miriyalguda Mandal, Nalgonda District, as illcgal arbitrary. contrarv to the provisions of the Andhra Pradesh,/Telangana Survey Boundaries Act 1923 and unconstitutional and consequently direct the Respondent No. 3 to 6 to lbrthnith conduct thc sub- division, survey and fix boundaries in respect of the above lands.

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IA NO: I OR 2022

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Petition under Section l5l CPC^praying that in the circumstances stated in the affidavit filed in support of the petition. the [{igh Court may be^pleased to direct the Respondents No. 3 to 6 to conduct including sub-division. survey and fix boundaries in respect of the Agriculture land to an cxtent of Ac- Ac. l- l2gts in Sy No. 548/AA2,

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{

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situared^{at AlagdapaVillage, MiriyalgudaMandal, Nalgonda District"by consideringthe} application/appeal^{of the Petitioner MeeSeva ReceiptNo. A0D022200048587Dt} 5-ll-2022'

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Counsel^{for the Petitioner(s):SRl. KARUNAKARREDDY}

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Counsel for^{the Respondents} I to 6 : AGP FOR REVENUE

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Counsel for the Respondent 7: AGP FOR HOME

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The Court made the following: ORDER

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1,, ll l

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HON'BLB SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.46757 OF 2022

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ORDER:

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Heard leamed counsel for the petitioner and learned Assistant Govemment Pleader for Revenue and Home. Perused the record.

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The petitioner herein is claiming that she is absolute owner and possessor of land admeasuring Ac.l-12 guntas in Sy.No.548/AA2, situated at Alagadapa Village, Miryalguda Mandal, Nalgonda District. In proof of the same, she has filed pattadar passbook on the request made by the petitioner, survey was conducted, but 4th and 5'h respondents have not conducted sub-division survey. They have advised the petitioner that 3'd respondent is the competent to conduct sub-division survey. Therefore, she had submitted F-line application No.AODO 22200048587 dated 05.11.2022 with respondent No.3 with a request to conduct subdivision survey and demarcate the land by t'ixing the boundaries. According to the petitioner, respondents did not consider her application. Therelore. present writ petition.

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Whereas. lean-red Assistant Covernment Pleader tbr Revenue, on instructions would submit that respondent No.-l rvill consider the aloresaid F -line application submitted by the petitioner by taking the

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assistance of respondent Nos.4 to 6 for conducting sub-division survey and demarcation by fixing boundaries and pass appropriate orders strictly in accordance with law.

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The issue relating to conducting of survey and sub-division of sun/ey etc. was considered by this Court vide order dated 23.08.2022 in W.P.No.32785 of 2022 and the relevant portion of the said order is extracted hereunder:-

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"8. The Commissioner, Survey, Settlements and Land Records, I{yderabad, has issued various circulars from time to time in connection with conducting of survey, demarcations and sub-division o[ land and survey numbers and also disposal ol F- line petitions submitted by the parties concerned seeking survey and sub-division. The said circulars were issued keeping in vicu, the l]oard Standing Orders-34A para 20(a) of the Board Standing Orders, which reads as under:-

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"Applications from private parties to point out the boundarics of thcir fields in accordance with the survey records may be receivcd by the Taluk Tahsildar. On receipt of the application rvith the dcposit (prescribed fee), the Tahsildar should forward it to thc Surveyor-Firka Deputy Surveyor who should, during his visit to thc r.illage. comply with the request. The Surveyor-Firka Depurl. Surveyor should after pointing out the required boundary to thc r)ot. obrain his signature to that effect in the application and shoulti himself (rvrite) thcreon that the boundary was pointed out by him in accordancc with the nreasurements noted in the survey records..'

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[,aragraph No.6 (b) ol the Rc.No.N2/1741l20tO. datcd 18.05.20 l0 Circular rcads as under:-

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"F-line 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 bc done in accordance with BSO 34-A para l3 and in respect of'lelangana districts in accordance with CSSLR circular Rc.No.N l/1408107 dr. 13.07.2007."

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Thereafter, another Circular in Rc.No.N 114296/2012 dated 22.08.2012 was issued duly issuing lurther instructions and guidelines for demarcation and survey of the sub-division survey numbers and instruction Nos. I to 6 ol the said Circular read as under:-

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"1. Every F--[,ine Demarcation application must be subnritted to the concerned Tahsildar/E-Seva/Mee-Seva.

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Every F-Line Demarcation application must be registered and such registered applications must be attended in seriatum only and valid reasons for any deviation to the seriatunl should be rccorded.

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(a) Every F-Line demarcation application shall be accompanied by a Xerox copy of pattadar passbook or a copy ol thc latcst adangal/pahani.

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(b) Demarcation application without such supportive or er idcntial documen( may be rejected.

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lt the applicant submits a self sworn al'fidavit dcclaring his rights/reputed ownership a possession along with the demarcation petition, the concemed Tahsildar rnay {ake an appropriatc decision afier thorough verification of records either to fbrrvard the same to the Surveyor or reject.

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5 (a) Mandal Surveyor/Deputy Surveyor shall scrvc notiees tL) the

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( I ) Applicant

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(2) Adjacent land holders within the survey number and

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adjoining survey numbers

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(l) Village Revenue Olficer (4) If the adjacent land belongs to local

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body/Govemment, notices shatl be served on the concemed authority

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(b) Prior to issue oi notices or after issuing the notices, if any written objections ol the adjacent land holders are received, demarcation cannot be denied unless it is a legally valid objection and approved by the Tahsildar.

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(c) ln general, alter issuing the notices if any adjacent land holder absent for denrarcation. naturally demarcation will be postponed.

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In such cascs. notices to be issued to all the concerned consequently two times and if any of them is absent lor demarcation even after receipt ofthe notices, a final notice shall be issued intimating them that the demarcation will be done on thc datc mentioned in the final notice "even in their absence". as due o P Po rt un it Y"'r as gi'u en.

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(r. If thc demarcation application is for a part of undivided field such application nrav bc converted into patta sub-division application and necessary statutory procedure to be followed for it hl. taking application fionr applicant."

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l;ronr a perusal of the above referred Circulars, it is clear that as and rvhcn F-linc petitions for demarcation/sub-division are received in respcct of portions of survey numbers in agricultural land. they are required to be converted as applications tbr sub-division by the Tahsildars on payment ol balancc lee payable. il any and sub-division shall be done in rcspect ol the f clangana Districts in accordance with Circular in Rc.No.N l/ 1408107. dated 13.07 .2007 , issued by rhe

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Commissioner ol Survey, Settlement and Land Records. At this stage, it would be necessary 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 sub-division shall be done in accordance with the description of property sale deed in case ol'salcs, partition deed in case of partition. mutual agreement in case ol succession etc. However. the sub-division n'ill be done only subject to the actual possession on ground tall,i"ing with the documents mentioned above provided that the Transfcrees name finds place in the Revenuc accounts through proper mutation.

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After preparation of the SDR, the Mandal Surveyor shall submit it to the Tahsildar who will verify whether it confirms to the documents and whether records are signed by all the concenred partics. Thereafter, Tahsildar should send the record to Assistant Director, Survey and Land Records Department rvith a fr(rp()sill^{Iirr sanctionol Phodi.}

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tJpon receipt of this proposal, the Assistant Dircctor shall scrutinize the records and take further action for preparation and issuc of supplementary sethwar and lor incorporalion ol' changcs. il'an1 ."

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I I . -[he Circular instructions issued by the Commissione r are vcry clear and absolutely there is no ambiguity and thc oblieation that is cast upon the respondent-Tahsildar is unequivocal and hence, any action on the part of the respondcnts to rcfuse to conduct survey and demarcation or sub-division ol' the part survey numbers pursuant to the request made bl thc pers()ns conccrned by submitting F-l-inc petitions is totallr

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impermissible and illegal. It is only to avoid such ambiguous situation, the above referred circulars were issued categorically stating that it is the obligation on the part ol the respondentTahsildar to take up such applications as and when the applications are recei".ed lilr survey and demarcation ol part survey numbers and to complete the survey by duly collecting the required fees."

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This Court, on consideration ol the said Circulars, disposed of the writ petition with certain directions in paragraph No.l4. In the light of the said dccision. this Court is ol the considered view that the petitioner herein is also standing on the same footing and he is also entitled for the said relicf to maintain parity.

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[n view ol the above. this "vrit petition is disposed of with the following directions

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i) Respondent Nos.3 to 6 are dilected to take up the F-line application No.AOD022200048587 dated 05.11.2022 submitted by the petitioner for conducting survey of the sub.iect land ur--.. adrneasuring Ac. l-12 guntas in Sy.No.548/AA2. situated at Alagadapa Village, Miryalguda Mandal. Nalgonda District;

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ii) In case. il respondent Nos.3 to 6 are of the view that subdivision numbers is requircd to be done and any further fee is required to be paid by the petitioner in terms of the Circulars referred to above, the same shalt be intimated to

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the petitioner and on receipt of such intimation from respondent Nos.3 and 4, the petitioner shall pay such fee as may be required by the respondent Nos.3 to 6.

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iii) On such payment of fee by the petitioner, respondent Nos.3 to 6 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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it) The entire exercise, as directed above, shall be completed within a period of forty five (45) days from the date of receipr ofcopy of this order.

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As a sequel, the miscellaneous petitions, if any, pending in the ,!,nt pctrtion shall stand closed.

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Sd/- C. PRAVEEN KUMAR ASSISTANT REGISTRAR

//TRUE COPY//

S ()N OFFI('T]R

To,

l. The Prl Secretary, Revenue Department, Secretariat, Hyderabad, T.S.

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The District Collector, Nalgonda District, TS.

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Asst Dircctor of' Survey of Land Records, Nalgonda District.

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Division Suryerar ol land records Nalgonda, Nalgonda Dist.

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The Tahsildhar. Miriyalguda Mandal, Nalgonda District.

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Thc Mandal Surveyor. Miriyalguda Mandal, Nalgonda

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7.^'fhe Station House Officer (S. H. O), Miriyalguda rural, Nalgonda District.

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One CC to SRl. KARUNAKAR REDDY Advocate [OPUC]

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T'rvo CCs to Gl' IrOR REVENUE , High Court for the State of Telangana. [OUT]

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Tu'o CCs to G['FOR IIOME, High Court for the State of Telangana. [OUT] I L Two CD Copies

HIGH COURT

KL,J

DATED:2710112023

ORDER

WP.No.46757 of 2022

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WP IS DISPOSED OF WITHOUT COSTS

Nidadavolu. Lakshmi Devi v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Nidadavolu. Lakshmi Devi v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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