Disposed

P.Jaipal v. The Chief Commissioner of Land Administration

Telangana HC28 Oct 2024WP/1315/2024

Case brief

AI extract

What is this about?

Petitioners claimed ownership of three plots in a cooperative society layout and sought survey and demarcation by revenue authorities, alleging non-cooperation by respondent No.4 which was constructing on their plots. The Court held that surveys do not confer or extinguish title and directed respondents to conduct a fresh survey after notice to all parties, completing it within six months.

What did the court decide?

Respondents 2 and 3 directed to conduct fresh survey and demarcation of Survey Nos.125(p) and 126(p) after notice to all parties including respondent No.4, to be completed within six months; miscellan

P.Jaipal Vs The Chief Commissioner of Land Administration — Property and Title | Telangana HC (2024)

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[^32e6 ]

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

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IVONDAY ,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION Nos: 1315 AND 13710 OF 2024

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W.P.No.1315 OF 2024

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Between:

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P.Jaipal, S/o. Sangameshwar Rao Aged about 68 years, R/o.Plot No.166, MLA andM.P.Colony, Road No.l0C,Jubilee Hills Hyderabad-500033.

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Y.Suseela Kumari, Wo.Late Janardhan Rao Aged about 88 years, R/o.B-22931 821299 Road No. 1 0C, J ubilee H ills, Hyderabad-500033.

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,.,PETITIONERS

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AND

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The Chief Commissioner of Land Administration, Land Administration, Telangana, Hyderabad.

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The District Collector, Hyderabad District, Hyderabad,

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The Deputy Director, Survey and Land Records.. Hyderabad District Hyderabad.

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The Director General, Dr.Marri Chennareddy Human Resource Department, lnstitute Of Telangana, Jubilee Hills, Hyderabad.

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The State Of Telangana, Rep by its Principle Secretary Revenue Department, Secretariat' Hyderabad

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...RES'.NDENTS

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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 an appropriate writ, order or direction more specially one in the nature of Writ of Mandamus directing the 1't respondent authority to conduct survey and demarcation of Plot bearing No.327, 328 and 330 totally admeasuring 1800 sq yards, situated in the lay out of Vijaya Cooperative House Building Society Limited, in Survey Nos. 125(p) and 126(P) of Yousufgoda viilage, Shaikpet Mandal in the presence of both the^petitioner and the 4th respondent and also to direct the 4th respondent to co-operate in conducting survey by the 3'd respondent in the interest of^justice.

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lA NO: 1 OF 2024

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Petition under Sectron 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 1"t respondent authority to conduct survey and demarcation of Plot bearing No.327, 328 and 329 totally admeasuring 1800 sq yards, situated in the Iay out of Vijaya Cooperative House Building Society Limited, in Survey Nos 125(p) and 126(P) of Yousufguda village. Shaikpet Mandal in the presence of both the petitioner and the 4th respondent and also to direct the 4th respondent to co-operate in conducting survey by the 3 respondent in the interest of justice, pending disposal of the main writ petition

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Counsel for the Petitioner: Ms. JYOTHI ESWAR GOGINENI

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Counsel forthe Respondents: AGP FOR REVENUE

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W.P. No: 13710 OF 2024

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Between:

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P.Jaipal, S/o. Sangameshwar Rao Aged about 68 years, Rl/o.Plot No.166, MLA and M.P Colony, Road No.l0C,Jubilee Hills Hyderabad-500033.

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Y.Suseela Kumari, Wio.Late Janardhan Rao Aged about 88 years, Ryo.B-22931821299 Road No.1 0C, Jubilee Hills, Hyderabad-5000a, ...rar,r,Ora

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AND

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The Chief Commissioner of Land Administration, Land Administration, Telangana, Hyderabad.

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The District Collector, Hyderabad District, Hyderabad.

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The Deputy Director, Survey and Land Records.. Hyderabad District Hyderabad

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The Director General, Dr.Marri Chennareddy Human Resource Department, lnstitute Of Telangana, Jubilee Hills, Hyderabad.

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The State Of Telangana, Rep by its Principle Secretary Revenue Department, Secretariat, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of India 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 specially one in the nature of Writ of Mandamus questioning the action of the respondent No.^'l to 3 and 5 in not taking any action against 4th respondent in making construction in the petitioners identified housing plot bearing No. 327, 328 and 330 totally admeasuring 1800 Sq. Yards Situated in the lay out of Vijaya Cooperative House

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Building Society Limited, in Survey Nos 125(p) and 126(P) of Yousufguda village, Shaikpet Mandal is illegal arbitrary unjust and contrary to the orders passed in W.PNo. 1 810 of 201 0 and also Survey report given by the 3rd respondent and consequently direct the 1 to 3 and 5 not to allow the 4th respondent making construction of building Survey Nos 125(p) anQ I 26(P) of Yousuf guda village, Shaikpet Mandal, until demarcated the plots bearing No.327,328 and 330 totally admeasuring 1800 Sq. Yards Situated in the lay out of Vijaya Cooperative House Building Society Limited, in Survey Nos 125(p) and 126(P) of Yousufguda viltage, Shaikpet Mandal

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lA NO: 1 OF 2024

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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 No. 1 to 3 and 5 not to altow the 4th rgspondent making construction of building Survey Nos 125(p) and 126(P) of Yousufguda village, Shaikpet Mandal until demarcated the plots bearing No.327,328 and 330 totally admeasuring^'1800 Sq. Yards Situated in the lay out of Vijaya Cooperative House Building Society Limited, in Survey Nos 125(p) and 126(P) of Yousufguda village, Shaikpet Mandalpending disposal of the main writ petition

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Counsel for the Petitioner: Ms. JYOTHI ESWAR GOGINENI

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Counsel forthe Respondents: GP FOR REVENUE

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The Court made the following: COMMON ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION Nos.1315 and 1371O of 2O24

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COMMON ORDER:

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The issue involved in these writ petitions 1S intrinsicallv interconnectcd and thercfore, they are taken up and heard together and are being disposed of by this common order.

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Writ Petition No. 13 1 5 of 2024 is filed by the petitioner seeking the following relief:

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". -..to i.s-sue an appropio.te Lorit, order or direction more specialtA one in the nalure of Wit of Mandamus directing the l"t respondent authority to a)nduct surveg and demarcation of Plot beaing No.327, 328 & 330 totallg adtneosuing 180O sq gards, situated in the lay out of Vijaya Cooperatiue House Building SocietA Limited, in SurueA Nos.125(p) and 126(P) of Yousufgoda utllage, Shaikpet Mandal in the presence of both the petitioner ond the 4th respondent and also to direct the 4th respondent to co- operatc tn cortducting surueg by the 3d respondent in the inte re st of ju stice.... "

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Writ Pctition No. 1371O of 2024 is fited by the petitioner

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seeking the follou.ing relief

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"....4o issue an appropiote urit, order or direction more specidlllJ one tt the tlalure of Wit of Mcndamus questioning the action of the respondent /[os. .l ro 3 & 5 in not taktng anA action against 4th respondent irr ntaking construction in the petitioners identifi.ed housing plot beaing Nct. 327,328 & 330 totaltg admeasuing 18O0 Sq. Yards Situated in tlrc lag out of VijaAa Cooperatiue House Buildtng Society Limited, in Surueg Nos 125(p) and 126(P) of Yousufguda uillage, Shaikpet Mandal is illeqal arbitrary unjust and contrary to the orders passed irr W.PNo.1810 of 2010 and also Suruey report giuen bg the 3,a responderi artd consequently dtrect the respondent tYos. I to 3 & 5 not to aLLotu tlrc 4tt, respondent moking construction of buildtng Surueg Nos 125(p) artd 126(P) of Yousufguda uillage, Shaikpet Mandat, until demarcated the plots beaing No.327,328 & 33O totallA admeasuing 1800 Sq. YardySifuated in the lag out of VijaAa Cooperatiue House Buitding Society Linited, in Surueg Nos. 125(p) and 126(p) of Yousufguda uillage, Shaikpet Mandaland.... "

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4 . Writ Petition No. 1 37 10 of 2024 is taken up as a leading case to decide the lis in these two cases.

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5 The brief facts of the case that are necessary lor disposal of the present writ petitions are:

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It is the case of the petitioners that they are the absolute owners of Plot bearing Nos.327, 32g and 33O totally admeasuring 18O0 square yards, situated in Survey Nos. 125(p) and 126(p) of Yousufguda Village, Shaikpet Mandal, having purchased the same under registered sale deeds. It is stated that earlier, th€ir vendor i.e, Vijaya Cooperative House Building Society Limited, had approached the respondents for demarcating the Society,s layout in respect of the lands in Survey Nos.125(p) and 126(p) of yousufguda Village, as the members of the Societlz were unable to locate their plots on ground. It is the case of the petitioners that inspite of the directions issued by the competent authorities and repeated communications, demarcation was not conducted effectively due to non-cooperation from the respondent No.4, who occupied the plots of the petitioners and ccntinuing illegal construction activities.

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Considered the submissions of learned counsel for the respective parties and perused the record -

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The learned counsel for the petitioners submits that^this Court, uide order dated 15.O2.2O11 passed in^{W.P.No.8010of 2010,} directed the respondent Nos.2 and 3 to conduct^{survey in respect of} the subject lands and issue notices to all the^{concernedpartiesand} further directed the respondent No.4 to cooperate in^{the said survey.} However, it is contended that while certain survey^{proceedingswere} initiated, the plots were not localized by fixing boundaries, and the respondent No.4 is continuing illegal construction activities, altering the nature of the subject property, despite the^pendency of W.P.No. l3l5 of 2024.

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Per contra, the Assistant Government Pleader for Revenue appearing for the respondent Nos. 1 to 3, has placed the written instructions received from the District Survey Officer, Survey and Land Records, Hyderabad and submitted that the-then Surveyor demarcated the lands of the Vijaya Cooperative Housing Society by measuring T.S. No.l, Block F, Ward No.8, correlating to old Sy.Nos.125 /P and 126lP ol Yousufguda Village, and T.S. No.3, Block A, Ward No.9 of Shaikpet Village, correlating to Sy.No.403, allotted to Jubilee Hil1s Cooperative Housing Society. Using layout plans and ROMs, boundaries of Yousufguda and Shaikpet villages were demarcated- It is further stated that the boundary wall of the Marri Channa Reddy Institute overlaps the area of Vijaya Cooperative /

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Housing Society, affecting plots in Sy.Nos.326 to 329. The respondent No.3 submitted a report along with a location skelch to the Collector, Hyderabad District, on l2-12-2OO8. The-then District Collector directed to conduct survey and demarcate the said land by issuing notices to all concerned, vide Lr. No. B2/7789/2OO8 dated 25-08-2011. Subsequently, the respondent No.3 issued memos dated 2l-12-2011 and 11-O4-2022, requesting layout sketches of lands allotted to Vrjaya Cooperative House Building Society and DT.MCRHRD for conducting the survey. However, till date, those records have not been furnished. It is further submitted that the survey proceedings do not establish the titie or possession of the petitioners over the subject lands, which are disputed and requires adjudication before the competent civil court.

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Earlier, in W.P.No.8O10 ol 201O, this Court uide order dated 15.02.2011, directed the respondent Nos.2 and 3 to conduct survey of the lands in Survey Nos.125(p) and 126(p) of Yousufguda^Village, after issuing notices to all concerned^parties and the^respondent No.4 was directed to cooperate in the survey. It is evident^{from the} submissions made and materiai^placed on record that^{while some} steps were initiated to conduct survey, the^{issue of} demarcation^and fxing boundaries of the petitioners'^plots remained^{unresolved, and}

the respondent No.4 has allegedll. commenced construction activities in thc dispute d area

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It is settled lau' that survey conducted by the revenue authorities does not confer or take away rights in immovable property. Any dispute regarding title, possession, or rights over the subject lands must be adjudicated by a competent civil court. However, to meet the ends of^justice and to ensure compliance with the earlier directions of this Court, the respondent Nos.2 and 3 are once again directed to act upon the order dated 15.02.2011 passed by this Court in W.P.No.8010 of 2010 and conduct a f.esfr survey of the subject lands in Survey Nos. 125(p) and 126(p) (New T.S. No. 1, Block F, Ward No.8) of Yousufguda Village, Shaikpet Mandal, Hyderabad. Before conducting the survey, the respondent Nos.2 and 3 shall issue notices to all the concerned parties, including the respondent No.4 and the Tahsildar concerned. The concerned officials of the respondent No.4 shall cooperate in the survey proceedings for demarcation and fixation of boundaries of the subject lands. The entire exercise shall be completed within a period of six(6) months from today.

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Accordingly, both the Writ Petitions are disposed of

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As a sequel, the miscellaneous petitions pending, if any, shall

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stand closed. No order as to costs.

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i/TRUE COPY//

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sd/- N. HARI ASSISTAN ISTRAR SE N OFFICER

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To,

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The Chief Commissioner of Land Administration, Land Administration, Telangana, Hyderabad.

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The District Collector, Hyderabad District, Hyderabad. 3. The Deputy Director, Survey and Land Records.. Hyderabad District Hvd erabad.

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4 The Director General, Dr.Marri Chennareddy Human Resource Department, lnstitute Of Telangana, Jubilee Hills, Hyderabad.

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The Principle Secretary Revenue Department, Secretariat, T.S.,Hyderabad

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One CC to Ms. JYOTHI ESWAR GOGINENI, Advocate [OBUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad [OUT] 8. Two CD Copies BM MP

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HIGH COURT

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DATED:2811012024

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ORDER

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WP.Nos.1315 AND^{13710 OF 2024}

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DISPOSING OF BOTH^{THE WRIT PETITIONS} WITHOUT COSTS

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P.Jaipal v. The Chief Commissioner of Land Administration

Case brief

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P.Jaipal v. The Chief Commissioner of Land Administration

Case brief

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