Bypilla Durga Prasad Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Bypilla Durga Prasad Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Petitioners permitted to file an application for preparation of sub-division record; respondent No.5 directed to conduct survey and prepare sub-division records in conformity with the Commissioner's circular instructions and in accordance with the Survey and Boundaries Act, 1923 and the Telangana Revenue Act, 1317 Fasli, within eight weeks of receipt of the application; no costs; pending miscellaneous petitions closed.

Issue for consideration

Whether the action of respondent No.5 in not taking action for removal of unauthorised huts erected in Sy.No.1228/426 (Ac.3.20 gts/Khata No.100264) and Sy.No.1228/368 (Ac.3.00 gts/Khata No.100128), Aswaraopeta Village, Bhadradri-Kothagudem District, is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. +1 more

Ratio / Principle

Since disputes exist with regard to the sub-division record for localisation and fixation of boundaries of the allotted land, the Court deemed it appropriate to dispose of the writ petition by permitting the petitioners to file an application seeking preparation of sub-division record.

Key takeaways

On filing of such application, respondent No.5 is directed to conduct survey and prepare sub-division records strictly in conformity with the circular instructions issued by the Commissioner, Survey, Settlements and Land Records (Rc.No.N1/6543/99, dated 25.07.2001; circulars dated 13.07.2007 and 18.05.2010) and in accordance with the Survey and Boundaries Act, 1923 and the Telangana Revenue Act, 1317 Fasli, within a period of eight weeks from the date of receipt of the application.ratio¶34
The writ petition is disposed of with the above observations; no costs imposed, and as a sequel the pending miscellaneous petitions stand closed.ratio¶35

Detailed headnote1 paragraphs

Two assignees of assigned land (Acs.3.00 each) in Aswaraopeta Village, Bhadradri-Kothagudem District, holding final patta certificates and pattadar passbooks/title deeds issued under the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (assignment under G.O.Ms.No.1406, dated 25.07.1958), filed a writ petition under Article 226 seeking a mandamus to the Tahsildar (respondent No.5) to remove unauthorised huts erected in Sy.No.1228/426 and Sy.No.1228/368, alleging violation of Articles 14, 21 and 300-A. Observing that the real dispute concerned the sub-division record, localisation and fixation of boundaries, the Court disposed of the writ petition at the admission stage with consent, permitting the petitioners to file an application for preparation of sub-division record; on such filing, respondent No.5 was directed to conduct survey and prepare sub-division records strictly in conformity with the Commissioner, Survey, Settlements and Land Records' circular instructions (Rc.No.N1/6543/99, dated 25.07.2001, and circulars dated 13.07.2007 and 18.05.2010) and in accordance with the Survey and Boundaries Act, 1923 and the Telangana Revenue Act, 1317 Fasli, within eight weeks of receipt of the application. No costs; pending miscellaneous petitions closed.

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

MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WR'T PET]TION NO: 4573 OF 2025

Between:

Bypilla Durga. Prq:1d: S/o Su.ryanarayana Murthy, aged about 61 years, Occ Cultivation R/o. 13-59, Gunalicheruvu (V), Aswlradpet _50730.1 ,'eGdiaOri Kothagudem Dt.,

2- Bypilla Dinesh sai Kumar, s/o. Durga prasad, aged about 26 vears. Ryo. 1359, Gurralacheruvu (V), Aswaraopet--507301, b.(othaguAem CrlJi^{-'- -}

...PETiTIONERS

AND

1 . State of Telf !9ana, Rep. by its prl., Secretary, Revenue Department,

Secretariat, Hyderabad.

The District collector, -Kothagu_dem-507101 , Bhadradri-Kothagudem District 3. The Superintendent of The Superintendent of^police, Bhadradri-Koihaqudem District-

The Superintendent of The Superintendent of^police, Bhadradri-Koihaqudem District-

The Revenue Divisionar officer, Kothaguoem-s"oztot, anioiiori-rotnaguoem District

The Tahsildar, Aswaraopet -507301 Bhadradri-Kothagudem District

...RESPONDENTS

Petition under A(icle 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of wRlr oF MANDAMUS directing the Respondent No.S to take action for removal of the unauthorized huts erected at in sy.No.12281426 (Ac.3.2o gts/Khata No.100264) and sy. No.12281368 (Ac.3.00 gts/Khata No.100i28), Aswaraopeta village, Bhadradri-l(othagudem district, declaring his action as illegal and violative of 4r1., 14,21 and 300-4 of the Constitution of tndia.

lA NO: 1 OF 2025

. Petition under section 1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased direct

the the Respondent No.^{5 to takeaction for removal of the unauthorizedhuts} erected at Sy.^{No.1228t426(Ac.3.20 gts/KhataNo'100264)and} Sy.No.1228l368(Ac.3.00^{gts/KhataNo.100128)Aswaraopetavillage, Bhadradri-} Kothagudem district,^{pending disposal of writ petition.}

Counsel for the Petitioners:^{SRIVAJJHALA SAWANARAYANAPRASAD} Counsel for the Respondent^{Nos.1,2,4 & 5: AGP FOR REVENUE} Counsel for the Respondent^{No.3: GP FOR HOME}

The Court made the following:^ORDER

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

WRIT PETITION No.4573 of 2025

ORDER:

This Writ Petition is frled seeking to declare the action of respondent No.S for not taking action for removal of unauthorized huts erected in Sy.No.1228 I 426^(Ac.3.20 gts.,/Kata No.100264) and Sy.No.1228l368 (Acs.3.00 gts.,/Khata No. 100128) situated at Aswaraopeta Village, Bhadradri-Kothagudem Distirct as illegal, arbitrary ,and violative of Articles 14, 2l and 300-4. of the Constitution of India and consequently prayed for appropriate reiiefs.

Considered the submissions of the learned counsel for the respective parties and perused the record.

It is stated that the petitioners are land less poor persons and the State has assigned the land to an extent of Acs.3.0O each in Aswaraopeta Village, BhadradriKothagudem Distirct, as per the policy enunciated by the Government in G.O.Ms.No.1406, dated 25.07.1958. It is further stated that the names of the petitioners were mutated in revenue records and pattadar passbooks and title deeds

have been issued as per provisions of the Telangana Rights in Land and Pattadar pass Books Act, lg7l and tJle Rules made there under. It is further stated that they are receiving various incentives sanctioned by the Government as investment subsidies for cultivation of the said larrds. The grievance of the petitioners is that land encroachers and adjacent owners of the property are frequently interfering with their peaceful possession by removing the boundaries

4 Considered the submissions of the learned .or.r"Jl'fo. the petitioner, learned Assistant Government pieader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

Since it appears that there are disputes with regard to sub-division record for localization ald fixation of boundaries of the land to an extent of Acs.3.O0 gts., which was allotted to the petitioners vide frnal patta certificates vide Rc.No.B/2465194, dated nil. 10. 1994, this Court deems it appropriate to dispose of the writ petition by permitting the petitioners to frle an application seeking for sub_division record. On filing such application for preparation of sub_

division record as per circuiar instructions issued by the Commissioner, Survey, Settlements and l,and Records vide Rc.No.N1/6543/99, dated 25.O7.2001, Rc.No.Nt / I4OB/ OT, dated 13.07.2OO7, and Rc.No.N2l t74t/2OtO, dated 18.05.2010, respondent No.5 is directed to conduct survey and preparation of sub-division records strictly inconformity with the above circulars and in accordalce with the provisions of the Survey and Boundaries Act, 1923 and also the provisions of the Telangana Revenue Act, 13 17 Fpsli, within a period of eight weeks (08) from the date of receipt of application.

With the above observations, the Writ petition is disposed of. No costs.

As a sequel, the miscellaneous petitions pending, if

ary, shall stand closed

SD/.T. TIRUMALA DEVI ASS ANT REGISTRAR I //TRUE COPYII

To

ECTION OFFICER

1 . Prl- Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana.

. The lne Superintendent of Police, Bhadradri_Kothaqudem Diskict collector, -Kothagudem-507101 , Bhadradri-Kothagudem DistrictDistrici 4. The Revenue Divisional Officer, Kothagudem-s"O710.1, ehiOiaUri_Xothagudem District

The Tahsildjrl.4gyglqqpqt :507301 Bhadradri-Kothagudem District 67. . Two one CCs CC to to GP FOR REVENUE, SRt VAJJHALA SATANARAYANA High Court for PRASAD, the State of Advocate teti"gahi, tOpUClii' Hyderabad. [OUT]

8.. Two CCs to GP FOR HOME, High Court for the Stale of Telangana, at Hyderabad. [OUT]

I Two CD Copies

PSK. BS

s

HIGH COURT

CVBR,J

DATED:1710212025

ORDER

WP.No.4573 of 2025

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DISPOSING OF THE WRIT^PETITION WITHOUT COSTS

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