Disposed

Akula Laxmi, v. The State of Telangana

Telangana HC19 Dec 2024WP/35673/2024

Case brief

AI extract

What is this about?

The High Court directed the Tahsildar and Mandal Surveyor to conduct a demarcation survey of the petitioner's land in accordance with relevant circulars and issue notices, disposing of the writ petition at the admission stage.

What did the court decide?

Direction to the 3rd and 4th respondents to conduct the survey of the petitioner's land and fix boundaries within eight weeks after issuing notices to interested persons.

Akula Laxmi, Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

¶1

I32s6 I

¶2

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

¶3

THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

¶6

WRIT PETITION NO: 35673 OF 2024

¶7

Between:

¶8

AKULA LAXMI, W/o. Yadagiri (Late), Aged About 65 Years, Occupation. Agriculture, Rio. H.No. 16-147, Main Road Mahabubabad, lvlahabubabad Mandal, Mahabubabad District,Telangana State.

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, Rep. By its Principal SeCretary, Revenue Department. Secretariat, Hyderabad, T.S.

¶12

The District Collector, Mahabubabad, Mahabubabad Dist., Telangana State.

¶13

The Tahsildar, Mahabubabad Mandal, Mahabubabad Dist, Telangana State.

¶14

The tvlandal Surveyar, Tahasildar Office, Mahabubabad Mandal. Mahabubabad District, Telangana State.

¶15

...RESPONDENTS

¶16

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to rssue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of the 3'd and 4th respondent in not conducting the survey of agriculture Land i.e., an extent of Ac. 4.18 quntas, comprised in Survey No. 2421A, situated in Mahabubabad Village, IVlahabubabad Mandal, Mahabubabad District as illegal, arbitrary, unlawful, unconstitutional and contrary to the provisions of the law and consequently direct the 3'd and 4th respondent to conduct the survey of land admeasuring Ac. 4.18 guntas situated in Survey No.242lA.

II I I

i I i

I I I i

lA NO: 1 OF 2024

Petition un<ier Section 151 CPC^praying that in^{the circumstancesstated} in the affidavit filed in support of the^{petition, the High Court may be pleased to} direct the 3rd ar'd 4th respondent to consider^{the "F-L|NE" ApplicationNo.} DER022401087376, made by the^{petitioner on Dt.08.O5.2O24,"in TS DHARANI} Portal, for conducling the survey to fix the^{boundariesby demarcatingthe subject} property i.e., exte'rt of Ac. 4.'18 guntas comprised in Survey No. 24214' situated in Mahabubabad Mahabubabad Mandal, Mahabubabad District,^pending "/illage, disposal of the above writ^petition.

¶22

Counsel for the Petitioner: SRI G.SATISH^BABU

¶23

Counsel for the Respondents:^{AGP FOR REVENUE}

¶24

The Court made the following: ORDER

¶25

i4 ,/i-

¶26

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

¶27

WRIT PETITION No .35673 of2024

¶28

OR.DER:

¶29

This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated O8.O5.2O24 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac,4.1g guntas in Sy.No.242lA situated at Mahabubabad Village and Mandal, Mahabubabad District, as illegal and arbitrary and for other appropriate reliefs.

¶30

It is stated that the petitioner is ttre pattadar and possessor of the agriculture land to an extent of Ac.4.1g guntas in Sy.No.242lA siruared at Mahabubabad Village and Mandal, Mahabubabad District. It is further stated tfiat the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T25l lOl7O492 uide Khata No.g06 under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2020. It is further stated that the neighbouring land owners have started disturbing the boundaries of ttre subject land and as such, the petitioner had submitted F-Line application, dated Og.O5.2024 to respondent Nos.3 and 4, by paying requisite fee to conduct survey

¶31

¶32

CVBR,^J Wp 15673²⁰²⁴

¶33

of tJ:e subject^{land and fix the boundaries'The grievance of the} petitioner is^{that even after receivingthe said F-Line application'} the respondent^{authorities are not conducting surveyand fixation} of the boundaries.

¶34

Considered^{the submissions of the learned counsel for the} petitioner and^{learned Assistant GovernmentPleaderfor Revenue} appearing^{for the respondents and with their consent this writ} petition is disposed^{of at the admissionstage'}

¶35

trarned^{counsel for the petitionerhas submittedthat in} terms of^{the circularissued bY the Commissioner, SurveY'} Settlements ald Land Records, the^{respondentsare boundto} consider^the application^{within 45 days from the date of the} application^{after collectingnecessary charges'}

¶36

Learned^{Assistant Government PleaderforRevenue} appearing^{for the respondentshas submittedthat the respondent} authorities^{will consider the aforesaid F-Lineapplication submitted} by the^{petitioner by followingdue procedurelaid down underlaw} and conduct^{survey and demarcate the subjectland by frxing} boundaries.

¶37

It is settted^{law that the Survey Departmenthas the} authority^{lo conductsurvey and demarcatelands in accordance}

CVB&J wp_Js673]024

with the provisions of tJre Telangana Land^{RevenueAct, 1317 Fasli} (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, L923, and the Rules framed thereunder.^{The Governmenthas} issued various circulars specifying the conditions^{for conducting} surveys, particularly F-Line^{(field measurement)surveys'} Individuals requesting such surveys are^{requiredto submit specihc} documents, and if the conditions^{stipulated in the circulars are} fulhlled, the survey and boundary^{fixationmay be conducted' The} Commissioner, Survey, Settlements^{and Land Records, exercising} powers under the Telangana Survey and Boundaries Act,^1923' issued relevant circulars from time to time^vide Rc.No.Nl/6543/99, dated 25.07.2OO1,^{Rc.No.Nl/ 1408/07,dated} 13.07.2OO7 , and Rc.No.N2/¹⁷⁴¹ l2O1O, dated^18.05.2010 stipulating the conditions^{for conducting survey of private lands} and as per the said circulars, if the^{petitioner fultils aII the} conditions of the said circular, it is an^{obligationfor the} respondents to conduct survey^{within the time specilied in the said} circulars.

¶43

In view of the aforesaid discussion, this Court deems^it appropriate to dispose of this writ^{petition directing respondents} Nos.3 and 4 to examine the^{petitioner'sF-Line applicationuide} No.DERO224O 1Oa7376, dated^{Oa.O5.2O24 submitted for}

wo-3#3v-:[ri'

conducting survey and demarcation by fixing boundary stones to the petitioner,s land to an extent of Ac.4.1g guntas in Sy.No.242/A situated at Mahabubabad Village and Mandal, Mahabubabad District and if the petitioner ful'ls a, the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to ail the persons interested and adjacent pattadars and after considering their objections, respondent Nos.3 and 4 shall conduct survey of the aforesaid land, within a period of eight (8) weeks trom the date of receipt of a copy of this order

¶48

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

¶49

9 As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

//TRUE COPY//

To,

l.ThePrincipalsecretary,RevenueDepartment'Secretariat'Hyderabad'State of Telangana.

¶54

The District^{Collector, Mahabubabad. Mahabubabad Dist} '^{Telangana State'}

¶55

The Tahsildar,^{Mahabubabad Mandal, Mahabubabad Dist' Telangana State'}

¶56

The Mandal^{Surveyor, TahasildarOffice'MahabubabadMandal'} Mahabubabad District,Telangana^State'

¶57

One CC to SRI^{G.SATISH BABU. Advocate [OPUC]}

¶58

6.TwoCCstoGPFoRREVENUE'HighCourtfortheStateofTelanganaat Hyderabad^rOUTI

¶59

7 Two CD BSR "orr",⁽ fr GJP

HIGH COURT

DATED: 1911212024

ORDER

WP.No.356'73 of 2024

1 FT TA te
<-r^
q t(
1
0 4 fiid zo:5 I
O6 :/).a rarlt o

¶65

DISPOSING OF THE WRIT PETITION,

¶66

WITHOUT COSTS (+

¶67

lo^Crzpi;

Akula Laxmi, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Akula Laxmi, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Bagari Anjaiah Vs The State of Telangana

Rekala Ramdas Vs The State of Telangana

Sri. Kasoju Uday Vs The State of Telangana

Poleboina Eswaramma, Vs The State of Telangana

Chintapally Lakshmikanta Vs The State of Telangana

Moghal Holdings Vs The State of Telangana