Disposed

Somappa, v. The State of Telangana

Telangana HC4 Apr 2024WP/8859/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed under Articles 226 and 151 CPC. The Court directed the relevant Revenue authorities to consider the petitioner's pending F-Line Application for survey and demarcation of agricultural land within eight weeks, adhering to due process and hearing principles.

What did the court decide?

Direction to respondents to consider the F-Line Application and conduct survey/demarcation within 08 weeks after notice and hearing.

Somappa, Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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[³¹⁶⁸ J

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Juris"diction)

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THURSDAY, THE FOURTi DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 8859 OF 2024

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Between:

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Somappa, S/o. Timmappa, Aged 45 years, Occ ; Agriculture, R/o, Kuchinerla Village, Kaloor Thimmanadoddi Mandal, Jogulamba Gadwal District.

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.....PETITIONER

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AND1 The State of Telangana, rep.by its Secretary Revenue Department, Secretanat Buildings, Hyderabad.

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The District Collector, Jogulamba Gadwal District.

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The tVIRO/Tahsildar, Kaloor Thimmanadoddi Mandal, Jogulamba Gadwal District.

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The Mandal Surveyor, Kaloor Thimmanadoddi Mandal, Jogulamba Gadwal 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 therewilh, the High Court may^be pleased to issue a writ, order or direction, preferably one in the nalure of writ oI Mandamus declaring the inaction of Respondent no 3 and 4 on Petitioner's F-Line Application No. DER022401030674 made for demarcation of survey and fixation of boundaries for the Petitioner's agricultural land in Sy No.^'lB1/3 to an extent oI Ac. 2 38 guntas situated at Kuchinerla Village, Kaloor Thrmmanadoddi^lr,4andal, Jogulamba Gadwal District which is illegal, highly arbitrary and violalive of Article .1 4and 3004 of Constitution of lndia and consequently to direct the Respondents lo conduct survey and affix boundaries for Petitioner's agricultural lands in Sy^No 181/3 to an extent of Ac. 2.38 guntas situated at Kuchinerla Village, Kaloor Thimmanadoddi Mandal, Jogulamba Gadwal District.

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|.A.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^pass direction/Order to Respondents to conduct suryey and affix boundaries in^respe'ct of Petitioner's agricultural lands in Sy^{No. 181/3} lo an extent of Ac. 2.38^guntas situated at Kuchinerla Village, Kaloor Thimmanadoddi Mandal, Jogulamba Gadwal District.

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Counsel for the Petitioner : M/s MALIPEDDI RAJA LAXMI 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 K. LAKSHMAN

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WRIT PETITION No.8859 of 2024

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ORDER:

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Heard leamed counsel for the petitioner and leamed

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Assistant Covemment Pleader for Revenue.

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The petitioner herein is claiming that he is the absolute owner and possessor of land admeasuring Ac.2.38 gts, in Sy.No. l8l/3 situated at Kuchinerla Village, Kaloor Thimmanadoddi Mandal, Jogulamba Gadwal District. In proof of the same, he has filed copies of latest Pattadar passbook and title deed bearing No.T02070141283 (Khata No.l734). He had submitted F-line application No.DER02240 1030674, dated 19.03.2024 with the 3'd and 4'h respondents with a request to conduct survey, demarcate the afbresaid land and fix the boundaries. Having received and acknowledged the said F-line application, the 3'd and 4tr respondents did not act upon the samc.^'fherefore, the present Writ Petition.

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l. Whereas, leamed Assistant Govemment Pleader lor Revenue on instructions would submit that the 3d and 4'h respondents will consider the aloresaid F-line application submitted by the petitioner

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by following due procedure laid down under law and conduct survey and demarcate the aforesaid land by fixing boundaries.

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In view of the said discussion, this Writ petition is disposed off, directing 3d and 4'h respondents to consider the afbresaid F-line application submitted by the petitionCr dated 19.03.2024 and pass appropriate orders by putting the petitioner and all effected parties on notice and affording them an opportunity of hearing. If the 3d and 4fi respondents are not inclined to accept the afloresaid request made by the petitioner, they shall assign specific reasons and pass a reasoned order to the petitioner. They shall communicate a copy of the said order to the petitioner herein and also shalr comprete the said exercise within a period ofeight (08) weeks from rhe dare olreceipt ofa copy of this order. There shall be no order as to costs

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As a sequel thereto, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closcd

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SD/- T. VIJAY KUMAR ASSISTANT REGIS]RAR ,TRUE COPY// v

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SECTION OFFICER

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The Secretary, Revenue Department, Secretariat Buildings, State of Telangana at Hyderabad.

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The Districl Collector, Jogulamba Gadwal District.

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The MRO/Tahsildar, Kaloor Thrmmanadoddi tr/andal, Jogulamba Gadwal District.

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The Mandal Surveyor Kaloor Thimmanadoddi lVlandal, Jogulamba Gadwal District.

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Two CCs to GP FOR REVENUE. High Coud for the State of Telangana at Hyderabad [OUT]

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One CC to lV1/s Malpeddr Rala L:rxnrr Advocate TOPUC] D Copies

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HIGH COURT

DATED:0410412024

. itt ,r'.T' '
_':-,: _., ::,:: -l _'

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ORDER

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WP.No.8859 ot 2024

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DISPOSING OF THE^W.P WITHOUT COSTS.

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Somappa, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Somappa, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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