Disposed

Kumbalapally Linga Reddy, v. The State of Telangana

Telangana HC17 Dec 2024WP/35455/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a landowner against revenue authorities for non-conduct of survey and demarcation. The Court directed the authorities to complete the survey and fix boundary stones within eight weeks provided the petitioner fulfills statutory circular conditions.

What did the court decide?

The Court directed Respondents 4 and 5 to conduct survey and fix boundary stones to the petitioner's land within eight weeks subject to fulfillment of circular conditions.

Kumbalapally Linga Reddy, Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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[^32e6 ]

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

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TUESDAY, THE SEVENTEENTH DAY OF DECEMBER 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 l{O: 35455 OF 2024

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Between:

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Kumbalapally Linga Reddy, S/o. Narayana Reddy,^{Agedabout 58 Years,Occ.} Agriculture, Rl/o. lbrahimpatnam Village, lbrahimpatnam^Mandal,Ranga Redd, District'

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...PETITT.NER

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AND

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The Slate of Telangana, Rep. by its Principal Secretary,^Revenue Department, Secretariat Building, Secretariat,^Hyderabad.

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The District Collector, Ranga Reddy Ranga Reddy^District.

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The Revenue Divisional Officer, lbrahimpatnam^{Division, Ranga Reddy} District.

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The Tahsildar, lbrahimpatnam Mandal, Ranga Reddy^District.

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The Mandal Surveyor, lbrahimpatnam Mandal, Ranga^{Reddy District.}

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^lndiapraying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the^{High Court may be} pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent^{Nos.4 and 5 in non-conducting} the Survey and Demarcation in the land of the Petitioner^{to an extentof Ac.2.00} Gts in Survey No.533/AA1 , an extent of land^{Ac.1.15 Gts in Survey No.533/AA2'} an extent of land to an extent Ac.2.30 Gts in Survey^{No.S3B/AA totalingto an} extent of Ac.6.05 Gts, which is situated at^{lbrahimpatnamKhalsa Village,} lbrahimpatnam Mandal, Ranga Reddy District is^{illegal, arbitrary,unconstitutional} and violation of Articles 14, 15,21 and 3O0-A of^{Constitution of lndia and also} violation of Prirrciples of Natural Justice and consequently^{direct the Respondent} Nos. 4 and 5 to imptrement Notice vide F112212022,^{daled07.O3.2022and conduct} the survey and demarcation in his land to an^{extentof Ac.6.05 Gts in SurveyNos.}

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533/AA1, 5331AA2, 538/M, which is situated at lbrahimpatnam Khalsa Village, lbrahimpatnam Mandal, Ranga Reddy District.

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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 Nos.4 and 5 to implement Notice vide Flj22l2O22, dated 07.O3.2O22 and conduct the survey and demarcation in his tand to an extent of Ac.6.05 Gts in Survey Nos. 533/AA1 , 5331AA2, 538/AA, which is situated at lbrahimpatnam Khalsa Village, lbrahimpatnam Mandal, Ranga Reddy District, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BTIASKAR R"EDDY

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WRIT PETITION No.35455 of 2o24

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ORDER:

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' This writ petition is liled declaring the action of^the respondents in not conducting survey^{and demarcationof the land} to an extent of Acs.2.O0^guntas in^{Sy.No.533/AAl;Ac. 1.15 guntas} in Sy.No.533/AA2 and Acs.2.3O^{guntas in Sy.No.538/AA, situated} at Ibrahimpatnam Khalsa^{Village, Ibrahimpatnam Mandal,Ranga} Reddy District, as illegal, arbitrary^{and violative of the Articles 14,} 15,21 and 30O-A of the Constitution^{of India and for other} appropriate reliefs.

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It is stated that the^{petitioneris the pattadar and possessor} of the agriculture land to^{an extent of Acs.2.OO guntas in} Sy.No.s33/AA1; Ac.1.15^{guntas in Sy.No.533} lAA2^{and Acs.2.30} guntas in Sy.No.538/AA, situated at'^{IbrahimpatnamKhalsa} Village, Ibrahimpatnam Mandal,^{Ranga Reddy District. It is the} case of the petitioner that^{his name was reflectedin all the revenue} records as pattadar and^{the revenueauthoritiesalso issued} e-pattadar pass book bearing^{No.T05O9O071432 uideKhata} No.3419 under the^{provisionsof the Telangana Rights in Landand} Pattadar Passbooks Act, 2O2O. It^{is the further case of the} petitioner that when neighbouring^{land owners have started}

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disturbing the boundaries of the subject land and as such, he had submitted F-Line application to conduct survey and demarcation. Acting on the said application, respondent Nos.4 and 5 issued notices in File No.F/122/2, dated 07.03.2022 to the adjacent farmers and fixed the date 23.03. .2022 for fixation of boundaries. The grievance of the petitioner is that till date respondent Nos.4 and 5 are not conducting any survey and fixation of the boundaries.

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Considered the submissions of the learned counsel for the petitioner, learned Assistant Govemment Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

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Learned counsel for the petitioner has submitted that in terms of the circular issued by the Commissioner, Sun ey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges.

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Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid down under law

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and conduct survey and^{demarcatethe subjectland by fixing} boundaries.

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It is settled law that the Survey^{Department has the} authority to conduct^{surveyand demarcatelands in accordance} with the provisions of the^{Telangana Land RevenueAct, 1317 Fasli} (Act No. VIII of 1317 Fasli),^{the Telangana Survey and Boundaries} Act, 1923, and the Rules^{framed thereunder. The Governmenthas} issued various circulars^{specifying the conditions for conducting} surveys,^{particularlyF-Line ({ield measurement)surveys'} Individuals requesting^{suchsurveys are required to submitspecific} documents, and if the^{conditions stipulatedin the circularsare} fulfilled, the survey^{and boundary Iixation maybe conducted' The} Commissioner, Survey,^{Settlementsand LandRecords, exercising} powers under the Telangana^{Survey and BoundariesAct,1923,} issued relevant circulars^from ,time^{to timevide} Rc.No.N 1 /6543/99,^{dated25.07 -2OO I, Rc'No'N1} /^{1408 I 07, dated} lg.O7.2OO7, and^{Rc.No.N2/1741/2OlO, datedl8'O5'2O10} stipulating the^{conditions for conducting survey of private lands} and as per the^{said circulars,ifthe petitioner fulfils all the} conditions of the said^{circular, it is an obligationfor the} respondents^{to conduct surveywithinthe time specifiedin the said} circulars.

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In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.4 and 5 to conduct survey and fix the boundary stones to the petitioner's land to an extent of Acs.2.00 guntas in Sy.No.S33/AA1; Ac. 1.15 guntas in Sy.No.533/AA2 and. Acs.2.3O guntas in Sy.No.538/AA, situated at Ibrahimpatnam Khalsa Village, Ibrahimpatnam Mandal, Ranga Reddy District, if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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B. With the above observations, this Writ petition is disposed of. There shall be no order as to costs.

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

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shall stand closed.

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SD/.A.V.S,PRASAD ASSISTANT REGISTRAR //TRUE COPY// (.-

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SECTION OFFICER

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To 1, The Principal Secretary, Revenue Department, Secretariat Building' Secretariai. Hvderabad, State of^Telangana.

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z. ine oiitrici^{Collector, Ranga Reddy Ranga Reddy District'} 5. iii; R"6ue-oiuisionat^{ofricer, lbr'ahimp-atnamDivision, Ranga Reddy} District.

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+. ine TatrsilOar,^{lbrahimpatnam Mandal, Ranga Reddy District'} ^ . . . s. iii" rt/|lni"t^{Sr.eyor,'lbrahimpatnam Mandal, Ranga^Reddy District'} o. onL cc to snt^{RApoLUBHASKAR, Advocate [oPU^c]} 7. iwo ccs to^{Gp FOR REVENUE, High court for the state or letangana,ar} Hyderabad. [OUT]

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1. Two CD CoPies

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PSK.

HIGH COURT

DATED:1 7 11212024

ORDER

WP.No.35455 of 2024

r{ E S 14
(.)
0gJAil 206
" 161.r';t)

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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rs)d"W

Kumbalapally Linga Reddy, v. The State of Telangana

Case brief

What is this about?

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Kumbalapally Linga Reddy, v. The State of Telangana

Case brief

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