Allowed

Moghal Holdings v. The State of Telangana

Telangana HC19 Dec 2024WP/35763/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226 regarding the non-conduct of survey and demarcation of agricultural land, the Telangana High Court directed the Revenue authorities to examine the application, issue notices, and conduct the survey within eight weeks if statutory conditions are met.

What did the court decide?

Directing Respondents to conduct survey and demarcation of the specified land within eight weeks following due procedure and issuance of notices.

Moghal Holdings Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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t^32s6I

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

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

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PRESENT

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THE HONOURABLE SRI JUSTIC-E C,V. BHASKAR REDDY

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WRIT PETITION NO: 35763 0F 2024

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Between:

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Moghal Holding!,. Rep _by Authorized person Mohammed Amer Aziz Khan Age-39 - years, occ ; Business No.17-1-21112, Banu Nagar Saidabad, 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, Telangana, Hyderabad.

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The District Collector, Office of District Collector, Ranga Reddy District.

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The Assistant Director, Survey and Land Records, Ranga Reddy District.

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The Mandal Surveyor, Faroocinagar Mandal Ranga Reddy District.

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The Tahsildar, Office of the Mandal Revenue Officer, Ranga Reddy District.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of tndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction, more in the nature of a writ of Mandamus, declaring the aclion of the Respondent No. 4 and 5 in not considering the Application for Appeals on Demarcation vide No. A0D02230o050895 dated o8.o2.2o23 and not conducting the survey and demarcation on the agriculture land of the petitioner to an extent of Ac.6.2800 guntas in Sy.No.33/27A situated at Veljerta Village, Farooqnagar Mandat, Ranga Reddy District and not flxing the boundaries over the petitioner's land as illegal arbitrary contrary to the provisions of the Andhra pradesh relangana survey Boundaries Act 1923 and unconstitutional and consequenfly direct the Respondent authorities to proceed with conducting survey in respect of the above land.

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|.A.NO:1 OF 2024

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Petition under section 151 CPC^{praying that in the circumstancesstatedin the} affidavit fited in support^{of the petition,the High Courtmay be pleasedto direct the} Respondent Nos-4 and^{5 to considerthe online Application for Appealson Demarcation} vide No. A0D022300050895^{dated 08.02.2023and to conduct the survey and} demarcation and^{fix the boundariesto the agriculture landof the Petitionerto an extent} of Ac.6.2800^guntas ir^{Sy-No.33/27Asituated a) Vellerla Village.FarooqnagarMandal,} Ranga Reddy District^{pending disposal of the writ petition.}

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Counsel for the Petitioner^{: SRI S.M.SAIFULLAH}

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Counsel forthe Respondents^{: AGP FOR REVENUE}

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The Court made the following^ORDER

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HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY

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WRIT PETITION No.35763 of 2or24

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ORDER:

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This writ petition is filed declaring the action of respondent Nos.4 and 5 in not considering the application for appeals on demarcation, dated 08.O2.2023 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.6.28O0 guntas in survey No.33 /27 A, situated at Veljerla Village, Farooqnagar Mandal, Ranga Reddy District and non-initiating to fix the boundaries to the petitioner's land, as illegal, arbitrary and violative of the Articles 14, 15, 2l alrd 30O-A of the Constitution of India and for other appropriate reliefs.

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It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.6.28O0 guntas in survey No.33/27 A, situated at Veljerla Village, Farooqnagar Mandal, Ranga Reddy District. It is further stated that 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.T05O60141067 vide Khata No.60671 under the provisions of tlre Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is the further case of the petitioner that due to abnormal increase of the land price some of the neighbouring land owners

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/-.,

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CVBR, J wp^'\5763 2024

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have started disturbing^{the boundariesof the subjectland and as} such, the petitioner had^{submitted application for appeals on} demarcation, clated 08.O2.2023^{toconduct thesurvey and} demarcation of the subject land^{and hx the boundaries.The} grievance of the petitioner is that^{even after receiving the said} application, the respondent^{authoritiesare not conducting survey} and fixation oI lhe boundaries.

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Considered the submissions of^{the learnedcounsel for the} petitioner, lea rned Assistant Government^{Pleaderfor Revenue} appearing for the respondents^{and with their consent thig writ} petition is disposed of at the admission^stage.

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Learned counsel for the^{petitionerhas submitted that in} terms of the circular issued by the^{Commissioner,Survey,} 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^{application submitted by the} petitioner by following due procedure laid^{down under law and}

CVBR, J w^357632024

I I

conduct survey and demarcate the subject land by frxing boundaries

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It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulfrlled, the survey and boundary fixation may 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.N 1 /6543/99, dated 25.02 .2OO l, Rc.No.N 1 / 14O8 / 07, dated 13.07.2OO7, and Rc.No.N2/1741/2OlO, dated 18.O5.2O10 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars.

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In viert, of the aforesaid^{discussion, this Courtdeems it} appropriate to dispose^{of this writ petition directing rt:spondent} Nos.4 and 5 to examine^{the petitioner's applicationfor appeals on} demarcation t'ide^{No.AOD0223OOO5O895,dated08'O2'2023} submitted for conducting survey^{and demarcationby hxing} boundary stones to the^{petitioner'sland to an extent of} '\c^{6 2800} guntas in survey No.33 I²⁷ A, situated^{atVeljerlaVillage'} Farooqnagar Mandal,^{Ranga Reddy District and if the petitioner} fulfils all the r:onditions^{mentionedin the circuiarsissuedby the} Commissioner, Survey,^{Settlementsand LandRecordsfrom timeto} time, after issuing^{notices to all the personsinterested and} adjacent patl,adars and^{after considering their objections,} respondent Ncs.4 and^{5 shall conductsur-vey of the aforesaid land,} within a periorl of eight^{(8) weeks from the date of receipt'of a copy} of this order.

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With the: above observations,^{this Writ Petition is disposed of'}

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There shall be no order^{as to costs.}

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As a sequel, the miscellaneous^{petitions pending, ifany,}

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shall stand closed

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SD/.T. JAY REE
ASSISTANT REGI RAR
//TRUE GOPY//
SECTION O FICER

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To 1. The Principal^{Secretary,.Revenue Department' Secretariat'Telangana'State of} 2. 3. inf fl'**i[i"-:,f:3rw+1;i:,;6;4,^rtigtggg,,i,;, 4. 5. b. tliffilflt,"stra"j;{".$ BI1"3t?S JRyJt^{sATFULIAH, Advocate [oPUC]} t 7I Two CD^Copies w,^ LS

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I :-:.. .:;.1:r,!- t 'in

HIGH COURT

DATED:1911212024

ORDER

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WP.No.35763 of 2024

DISPOSING OF THE W.P

WTHOUT COSTS.

Moghal Holdings v. The State of Telangana

Case brief

What is this about?

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Moghal Holdings v. The State of Telangana

Case brief

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