Disposed

Syed Abdul Raheem v. The State of Telangana

Telangana HC5 Feb 2024WP/2747/2024

Case brief

AI extract

What is this about?

The High Court of Telangana, Wiley Pearson J., disposed of a writ petition filed under Article 226 of the Constitution of India and Section 151 CPC against the inaction of revenue authorities in processing an F-line application for survey and demarcation of agricultural land. The court directed the Tahsildar to consider the application and issue a notice within 45 days.

What did the court decide?

The petition was disposed of directing the Tahsildar to consider the F-line application and issue a notice for conducting the survey and fixing boundaries within 45 days.

Syed Abdul Raheem Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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

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IMONDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 2747 OF 2024

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Between:

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Syed Abdul Raheem, S/o. Late Syed Abdul Qadeer, Aged about.49^years, Occ. Business, Fl/o. H. No. 8-1-211156, Surya Nagar Tolichowki, Hyderabad.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department Secretariat building, Hyderabad

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The District Collector, Vikarabad, Vikarabad District⁽ Vikarabad ).

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3 The Assistant Director, Survey and Land Records Vikarabad Diskict.

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4 The Tahsildar/Mandal Revenue officer, l\rledikonda Village, Pudur^Mandal, Vikarabad 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 Courtmay be} pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAIVUS declaring the action of^{the respondentsin not} acting upon to the application made by the^{petitioner vide Application no.} DER022300968529, dt.13.O7.2023, for conducting^survey .^{and fixing the} boundaries of petitioners' agricultural land^{covered under survey No. 9719 to an} extent of Ac. 3 - 34, situated at Medikonda^{Village, PudurMandal,Vikarabad} District is illegal, arbitrary, contrary to the^{provisionsof TelanganaStateSurvey} and Boundaries Act 1923 and as well as^{the fundamentalrightguaranteedunder} the constitution of lndia, and consequently^direct the^{respondentsto conduct} survey and fix the boundaries of the^{petitioners of the above said land.}

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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 respondents to conduct the survey and fix the boundaries of the petitioner,s agricultural land covered under survey No. 97/ {trt lo an extent of Ac. 3 _ 34, situated at fVledikonda Village, Pudur Mandal, Vikarabad District, forthwith pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI MD OMER UL HAO

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Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.2747 OF 2024

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ORDER:

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This writ petition is filed aggrieved by inaction of respondent No. 4 in considering F-line application No.DER022300968529 dated 13.07.2023 submitted by the petitioner for conducting survey, demarcation and fixing of boundaries of his agricultural land admeasuring Acs.3-34 Gts in Survey No.97ler situated at Medikonda Village, Pudur lVlandal, Vikarabad District, as being arbitrary and contrary to the provisions of the Telangana State Survey and Boundaries Act,^'1923.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and perused the material available on record.

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lt is submitted that the petitioner is the absolute owner and possessor of the subject land. He was issued Dharani passbook No.T07'150180a66 (Ex.Pl) for the subject land. As third parties were trying to create title dispute over the subject land, the petitioner approached respondent No.4 - Tahsildar, Medikonda Village, Pudur Mandal, Vikarabad District, by filing F-line application No.DER022300968529 dated 13.07.2023 requestinQ for demarcation of the subject land. Though 45 days have elapsed from the date of

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submission of the F-line application^{of the petitioner,the respondents} didnotactuponthesaidapplication,assuch,thepetitioneris constrained to approach^{this Court.}

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Learned Assistant Government^{Pleader for Revenue submitted} that F-line application of^{the petitioner will be disposed of in} accordance with law^{as expeditiously as possible.}

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Recording the above^{submission of the learnedAssistant} Government Pleader^{for Revenue,without entering into the merits of} the case, this writ^{petitionis disposed of directing respondentNo'4 to} consider F-line application^{No.DER02230O968529dated1 3'O7'2023} submitted by the^{petitionerfor conductingsurvey, demarcationand} fixing of boundaries of^{his agricultural land admeasuringAcs'3-34Gts} in Survey No.97/el situated^{at Medikonda Village, Pudur Mandal,} Vikarabad District, by^{issuing notice tothe concerned/interested} persons in accordance with law,^{within a period of forty-five(45)days} from the date of receipt^{of a copy of this order.No order as to costs'}

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As a sequel thereto, miscellaneous^{applications, if any'pending}

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in this writ tition stand closed

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SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To, '1 . The Tahsildar/lvlandal Revenue officer, Medikonda Vlllage, Pudur Mandal, Vikarabad Disrict

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One CC to Sri MD Omer ul Haq Advocate [OPUC]

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Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

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Two CD Copies

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HIGH COURT

DATED:0510212024

ORDER

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WP.No.2747 of 2024

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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Syed Abdul Raheem v. The State of Telangana

Case brief

What is this about?

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Syed Abdul Raheem v. The State of Telangana

Case brief

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