Allowed

Gangishetty Bikshapathi v. The State of Telangana

Telangana HC5 Nov 2024WP/15666/2024

Case brief

AI extract

What is this about?

High Court at Hyderabad allowed a writ petition directing revenue authorities (Assistant Director, Tahsildar, Inspector) to conduct a land survey in Sy. No. 351, Siddipet, pursuant to a notice, holding that survey cannot decide title disputes but justice requires its completion after addressing objections.

What did the court decide?

Directed Respondents No. 3 to 5 to conduct survey pursuant to notice dated 06.06.2024 after considering objections and issuing notices to interested persons within eight weeks.

Gangishetty Bikshapathi Vs The State of Telangana — Landlord and Tenant | Telangana HC (2024)

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[^{32e6 j}

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

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TUESDAY, THE FIFTH DAY OF NOVETUBER 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 NO: 15666 OF 2024

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Between:

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Gangishetty Bikshapathi, S/o. G Vishwanatham, Aged about 74 years, Occ. Business, Rl/o. H. No 10-151C, Opp St Joseph High School, Gajwel Town, Siddipet District.

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Gangishetty Ramulu, S/o. G Rajaiah, Aged about. 64 years, Occ. Business, R:io. H. No. 10-14911, Opp Bus Stand, Gajwel Town, Siddipet District.

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Gangishetty Sudhakar, S/o. G Rajaiah, Aged about. 55 years, Occ. Business, R/o.H.No. 1 1-5 Bharath Nagar, Gajwel Town, Siddipet District.

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Gangishetty Giridhar, S/o. G Rajaiah, Aged about. 52 years, Occ. Business, Ri./o.H.No 1 1-5/1 Bharath Nagar, Gajwel Town, Siddipet District.

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Gangishetty Ravi Kumar,, S/o. G Rajaiah, Aged about,51 years, Occ. Business, Rl/o.H.No^'13-87, Bharath Nagar, Gajwel Town, Siddipet District.

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Gangishetty Lakshman, S/o. G Rajaiah, Aged about.50 years, Occ. Business, R/o.H.No'1 1-5ll Bharath Nagar, Gajwel Town, Siddipet District

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...PETITIONERS

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AND

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The State of Telangana, rep. by its Principal Secretary Revenue Department, Secretairat, Hyderabad.

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The District Collector, Siddipet, Siddipet District.

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The Assistant Director, Survey and Land Records, Siddipet, Siddipet Distrrct.

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The Tahsildar, Gajwel Mandal, Siddipet District.

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The lnspector of Survey, Survey and Land Records, Siddipet District.

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Akula Mallappa, S/o. Late Sri Akula Shankaraiah, Aged about. 64 years, Occ. Business, R/o. H No 10-150, Opp Integrated Market. Gajwel Town,Siddipet District- 502278.

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Akula Chandra Shekhar, S/o. Late Sri Akula Shankaraiah, Aged about. 63 years,Occ. Business, Rl/o.H.No 3-5-5/AT,Veerabadra Nagar, Sanga Reddy Town, Sanga Reddy District- 502001.

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B. Akula Umapathi, S/o. Late Sri Akula Shankaraiah, Aged about. 54 years,Occ. Business, R/o. H No B-142, Vasavi Nagar, Gajwel Town, Siddipet District502278.

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Akula Prabhulingam, S/o. Late Sri Akula Shankaraiah, Aged about. 44 years,Occ. Business, Rl/o. H No. 10-151 Opp R and B Guest House Building, Gajwel Town, Gajwel Siddipet District- 502278.

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...RES'ONDENTS

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Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased to issue a writ, order/ direction more particurarry one in nature of writ of Mandamus declaring the inaction of Respondents No.3 to 5 in conducting survey pursuanl to Notice No. A3127s12024 dated 06-06-2024 in respect of the land in Sy. No. 351 admeasuring Ac.3.3s gts situated at Gajwer vifiage and Mandar, Siddipet District is illegal, arbitrary, violative of Article 14, 2i and 300-4 of constitution of lndia, besides viorative of principres of naturar justice and consequenfly direct the Respondents No.3 to 5 to conduct/comprete the Survey pursuant Notice No. A3t27512024 dated 06-06-2024 in respect of the land in sy. No. 351 admeasuring Ac. 3.35 gts situated at Gajwer Viilage and Mandar, siddipet District.

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IA 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 Respondents No. 3 to 5 to conduct/comprete the survey in respect of the rand in sy No. 351 admeasuring Ac. 3.35 gts situated at Gajwer Viilage and Mandar, Siddipet District, pursuant to Notice No. A3l27s/2024 dated 06-06-2024 pending disposal of the Writ Petition.

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Counsel for the Petitioners: SRt PARSA ANANTH NAGESWAR RAO Counsel for the Respondent Nos.1 TO 5: Gp FOR REVENUE Counsel for the Respondent Nos.7 & g: SRI SINGAM BHAGAIAH Counsel for the Respondent Nos.6 & 9: -

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.1 5666 of 2024

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ORDER:

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This writ petition is filed praying this Court to declare the action of respondent Nos.3 to 5 in not conducting the survey pursuarlt to the notice No.A3|2TS/2O24, dated 06.06.2024, in respect of land admeasuring Ac.3.35 g-untas in Sy.No.351 situated at Gajwel Village and Mandal, Siddipet District, as illegal, arbitrary and violative of Articles 14, 2l and 300-4 of the Constitution of India and to consequently direct respondent Nos.3 to 5 to conduct survey in pursuance of the notice, dated 06.O6 .2024 and, for other appropriate reliefs.

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It is stated that the petitioners. are the owners and possessors of land admeasuring Ac.3.35 guntas in Sy.No.3S1 situated at Gajwel Village and Mandal, Siddipet District, having acquired the same from their ancestors. It is further stated that the Reyenue Divisional Officer, Siddipet Division, has granted Occupancy Rights Certificate under Section B (1) read with Section 10 of the

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Telangana Abolition of Inams Act, 1955 in lavour of the father of petitioner No.1 ulde proceedings D.Dis.No.Inams/ 50 I 1979, dated 17 .O7 .1979 and after the deatl'r of father of petitioner No.1, the names of the petitioners \'ere mutated under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and pattadar passbooks have a-lso been issued in their favour. It is fi,rrther stated that when respondent Nos.6 to 9, denying the right and title, are interfering with the possession of thr-- petitioners, they were constrained to institute a suit for perpetual injunction ulde O.S.No.l4i of 2O2O on the file of the Principal Junior Civil Judge, Gajwel, a-long with I.A.No. 1978 of 2O2l seeking to appoint em advocatecommissioner to conduct survey and the said petition was allowed. Aggrieved by the same, respondent Nos.6 to 9 have filed C.R.P.No.929 of 2022 before this Court and by an order, dated 21.11.2022 this Court allowed the said revlsl0n stating that the suit schedule propertl, is only Ac.O.05 guntas 1n Sy.No.351 but the I.A. filed by the petitioner was allowed, u,herein the survey was directed to be conducted for the total extent of land Ac.3.35 guntas. It

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___7

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is further stated that rhe petitioners have submitted an application, dated 27.O5.2024 before respondent Nos.3 to 5, seeking to conduct survey and acting on the said application, respondent No.5 issued notice dated 06.06.2024 to the petitioners and others for conducting survey. The grievance of the petitioners is that despite the same, the respondent authorities are not proceeding to conduct the survey.

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Considered the submissions of the learned counsel for the petitioners; learned Assistant Government Pleader for Revenue appearing for respondent Nos. I to 5 and with their consent this writ petition is disposed of at the admission stage. In view of the nature of relief sought in this writ petition, issuance of notice to the unofficial respondents is dispensed with.

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Learned Assistant Government Pleader for Revenue appearing for the officiai respondents, on instructions, submits that in fact there is a dispute over the total extent of land Ac.3.35 guntas but the petitioners have converted part of the said land and thereafter instituted a suit in respect of the extent of Ac.O.O5 guntas. Learned Assis!-ant

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Government Pleader further submits^{that in view of serious} disputes with regard to^{possessionand title over the} subject property, the^{petitionersare not entitled to seek for} conducting of surveY.

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It is settled law that^mere conducting^{of survey does} not confer any title or ownership^{nor does it take away the} rights of the parties.^{The survey department is only having} power to fix the boundaries basing^{on the tipans,but it is} not empowered to decide^{tlrlle inter se disputes nor its} survey would decide the^{validity or otherwise of any of the} documents.

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In view of the same, this^{Court is of the opinion that} the ends of^{justice would be met if it is directed that in} case the application submitted^{by the petitioners fulfiIs all} the requirements of the^{circular instructionsissued by the} Commissioner, Survey,^{Settlements and Land Records'} exercising powers under^{the TelanganaSurveyand} Boundaries Act,^{1923 uide Rc.No.Nll6543} 199,^dated 25.07.2OO1, Rc.No.Nl/ l4OBl07,^dated13.07 '2OO7,^and Rc.No.N2/ 1741 /2O1O, dated^{18.05.2010,respondent} Nos.3 to 5 shall conduct^{survey, pursuant to notice}

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No.A3 127512024, dated 06.06.2024, after taking into consideration the objections already submitted by the unofficial respondents on i0.06.2024 and after issuing notices to a.ll the interested persons and adjacent pattadars and considering their objections, if any, within a period of eight (B) weeks from the date of receipt of a copy of this orde r.

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7 . With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

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As a sequel, the miscellaneous petitions pending, if

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any, shall stand closed.

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SD/.A.V.S.PRASAD ASSISTANT REGISTRAR //TRUE COPY//

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i_ Lv SECTION OFFICER

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The Principal Secretary Revenue Department, Secretariat, Hyderabad, State of Telangana.

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The District Collector, Siddipet, Siddipet District.

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J. The Assistant Director, Survey and Land Records, Siddipet, Siddipet District. 4. The Tahsildar, Gajwel Mandal, Siddipet District. A The lnspector of Survey, Survey and Land Records, Siddipet District. 6. One CC to SRI PARSA ANANTH NAGESWAR RAO, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

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B. One CC to SRI SINGAM BHAGAIAH, Advocate [OPUC] 9. Two CD Copies

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PSK. GJP G. A)

HIGH COURT

DATED:0511112024

ORDER

WP.No.15666 of 2024

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ALLOWING THE WRIT PETITION WITHOUT COSTS.

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CO'48
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Gangishetty Bikshapathi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gangishetty Bikshapathi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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