Disposed

Mantena Rajanna v. The State of Telangana

Telangana HC23 Dec 2024WP/36048/2024

Case brief

AI extract

What is this about?

Pattadar sought mandamus against revenue authorities' inaction on his F-Line applications for subdivision survey and boundary fixation of agricultural land in Mancherial district. Court directed respondents to examine the applications and conduct survey with notices to interested persons within eight weeks if conditions in departmental circulars are fulfilled. Petition disposed at admission stage,

What the court decided

AI extract

Mantena Rajanna 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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MONDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENT.Y 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: 36048 OF 2024

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Between:

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Mantena Rajanna, S/o Balayya, Aged about 55 years, Occ ; Agriculture, Rl/o Neelwal Village, Vemana Palli Mandal, Mancherial District.

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.....PETITIONER

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AND

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

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The Tahasildar, Vemana Palli IVandal. Mancherial District.

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3- The Mandal surveyor, Vemanpalli Mandal, lvlancherial District.

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.....RESPONDENTS

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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 issue a Writ, Order or Direction more particularly one in the nature of .. mandamus declare the inaction of the respondent No.2 and 3 in conducting the sub division survey and fixing the boundaries of the subject lands in Sy.No.200il extent ac 0.24 gts situated in Neelwai village, Vemana Palli mandal, Mancherial district in pursuance of the F line applications vide No DERO224O107 2'106 dated 2410612024, DER022401110338 dated 1911112024 as arbitrary and illegal and violation of principles of natural justice, and the provisions of AP survey -and boundaries act and consequently direct the respondent No.2 and 3 to conduct the subdivision survey of the lands and fixing the boundaries of the lands in Sy.No.200/1 extent ac 0.24 gts situated at Neelwali village, Vemana Palli Mandal, -

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Mancherial district basing on the application vide No. DER022401072106 dated 24lOOl 2024, DE R02240 1'l'1 0338 dated 1 I I 1 1 12024.

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|.A.NO:1 OF 202.1

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Petition Under Section^'15'l CPC praying that in the circumstances stated in the affidavil filed in support of the petition, the High Court may be pleased to direct the respondent No.2 & 3 to consider the F line application vide No. DER022401072106 dated 24.06.2024, DE1(0224O1110338 dated 19.11.2024 filed by the petitioner for conducting the sub division survey and fixing the boundaries for the lands in sv No 200/1 extent ac O.24 gts situated at Neelwai village, Vemana Palli mandal, Mancherial District.

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Counsel for the F etitioner : SRI GUDI MADHUSUDHAN REODY

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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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{ ,/i

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HON'BLE SRI WSTICE^{C.V,BHASKAR REDDY}

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WRIT PETITION No.36O48 of^2o24

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ORDER:

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This writ petition is hled^{declaring the action of the} respondents in not considering^{the F-Line apptications, dated} 24.06.2024 and 19.11.2024^{submitted by the petitionerseekingfor} conducting survey and demarcation^{of the land to an extent of} Ac.O-24 guntas situated at^{NeelwaiVillage, Vemana PalliMandal,} Mancherial District, as illegal,^{arbitrary and violative of the Articles} 14, 15, 2l and 3OO-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 extento[ Ac.O-24guntasin} Sy.No.2OO/ 1 situated at^{NeelwaiViltage, Vemana PalliMandal,} Mancherial District. It is^{further stated that the nameof the} petitioner was reflected in all^{the revenuerecords as pattadar and} the revenue authorities^{also issued e-pattadar pass books' It is} further stated that^{the petitioner has submitted F-Lineapplications} uide Nos.DERO224O1O72LO6 and^{DERO224O1110338, dated} 24.06.2024 and 19.11.2O24^{betorethe respondents,by paying} requisite fee to conduct^{survey of the subject landand fix the} boundaries. The^{grievanceof the petitioner is that evenafter}

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receiving rhe said F-Line applications, the respondent authorities are not conducting survey and fixation ofthe boundaries.

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Corrsidered the submissions of the learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government 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 o[ the circular issueci 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 necessarJr charges.

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Learned Assistant Govemment Pleader for Revenue appeetring 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 and conduct suwey and demarcate the subject land by fixing boundaries.

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It is settled law tJlat the Survey Department has the authority to conduct survey aIrd demarcate lands in accordance u,ith the provisions of the Telangana Land Revenue Act, l317 Fasli (Act No. VItl of 1317 Fasli), the Telangana Survey and Boundaries

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Act, 1923, and the Rules^{framed thereunder. The Government has} issued various circulars speciffing^{the conditionsfor conducting} surveys, particularly F-Line^{(lield measurement)surveys-} Individuals requesting such^{surveys are requiredto submitspecific} documents, and if the conditions^{stipulated in the circularsare} fulfilled, the survey and boundary^{hxationmaybe conducted.The} Commissioner, Survey, Settlements and^{Land Records, exercising} powers under the Telangana Survey and Boundaries^{Act, 1923,} issued relevant circulars from time to^timevide Rc.No.N1/6543/99, dated 25.07.2OO1,^{Rc.No.Nl/1408/07, dated} r3.O7.2OO7, and Rc.No.N2l1741/2OlO, dated^18.05.201O stipulating the conditions for conducting^{survey of privatelands} and as per the said circulars, if the^{petitioner fulfills all the} conditions of the said circular, it is^{an obligationfor the} respondents to conduct survey within^{the time specifiedin the said} circulars.

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In view of tl.e aforesaid discussion, this^{Court deems it} appropriate to dispose of this writ^{petition directingthe} respondents to examine the^{petitioner F-Lineapplicationuide} Nos.DERO224OlO72lO6 and DERO224Ol I10338, dated 24.06.2024 and 19.11.2024^{submittedfor conductingsurveyand} demarcation by fixing boundary^{stones to the petitioner land to an}

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extent of Ac.O-24 guntas in Sy.No.2OO/ 1 situated at Neelwai Village, Vemana Palli Mandal, Mancherial District and if the petitioner fulhlls all the conditions mentioned in the circulars issued by the Commissioner, Survey, Setflements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, the respondents shall conduct survey of the aforesaid land, wifhin a period of eight (8) weeks from the date of receipt of a copy of this order.

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