Telangana High Court
WP/23981/2020 of N.Jagan Mohan Reddy Vs State of Telangana on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) WEDNESDAY , THE THIRTIETH DAY OF DECEN/BER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO:23981 OF 2020 Between: N. Jaqan Mohan Reddy, S/o. Late Linga Reddy aged about 75 years. Occ.
HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD(Special Original J urisdiction)
WEDNESDAY ,THE THIRTIETH [DAY ][OF ][DECEN/BER]TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE DR. JUSTICE [SHAMEEM AKTHER]
WRIT PETITION NO:23981 [OF 2020]
Between:
N. Jaqan Mohan Reddy, [S/o. Late Linga ][Reddy ][aged about ][75 ][years. Occ. Business]R/o. H.No.2 [-3-14213, ]Brahmapuri, Nirmal ...pETtTtoNER
AND
1. State of Telangana, [Rep.by its Principal Secretary' Revenue ][Department,]Secretariat, Hyderabad.Secretariat, Hyderabad.
2. The Assistant'Director, [of ][survey ][and Land Records, Nirmal District, ][Nirmal]Telangana State
3. The T;hsildar, [Nirmal ][tr/andal ][(Rural) Nirmal ][District]
4. The Mandal Surveyor, [Nirmal ][t\ilandal ][(Rural) Nirmal ][District ]
...RESPONDENTS
Petition under Article [226 ][of ][the ][constitution ][of ][lndia ][praying ][that ][in ][the]circumstances stated in [the affidavit ][filed ][therewith, ][the ][High ][Court ][may be pleased ][to]issue any appropriate [writ, order or direction ][one ][more particularly ][one ][in ][the ][nature]of Writ of Mandamus [declaring ][the ][action ][of ][Respondents ][No. ][3 ][and ][4 ][in ][not]conducting the survey [to ][identify ][and ][demarcate ][the ][boundaries ][along ][with]measurenients in [respect ][of ][the ][Petitioners ][land ][admeasuring ][in ][Sy ][Nos ][43]Ac.o3-21 [gts ][situated ][at ][lvlambapoor ][Village. Nirmal ][t\,4andal ][(Rural)']admeasuring Nirmal Distiict as [being ][illegal, ][arbitrary, ][uncon stitutio ][na ][I ][and ][contrary ][to ][the]provisions of Telangana [-survey ][and ][Boundaries ][Act ][1923, ][consequently ][direct ][the]hespondents No. [3"and ][4 to ][forthwith conduct ][a ][survey and demarcate ][the ][lands of]the Petitioner along with [measurements.]
lA NO: 1 OF 2020
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 ][issue.i.nterim]directions directing the [Respondent ][No.3 ][and ][4 ][to ][consider ][the ][application]dated 12112t201s lnd [1210212020 ][thereby ][forthwith ][conduct ][survey and ][demarcate]the Petitioner land along [with measurements ][admeasuring ][Ac.03-21 gts ][in ][Sy ][Nos.43]situated at Mambapooi [Village, Nirmal ][Mandal ][(Rural), Nirmal ][District, pending ][the]disposal of the Writ Petition.
Counsel for the Petitioner: [SRI ][SASHIDHAR KASIREDDY]Counsel for the Respondents: [AGP FOR REVENUE]The Court made the [following: ][ORDER]
THE HON,BLE DT. JUSTICE SHAMEEM AKTHERWRIT PETITION No.23981 OF 2O2O
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ORDER
Aggrieved by the inaction of respondents in conductingsurvey of the subject land belonging to the petitioner anddemarcating the Iand in spite of submitting application by thepetitioner, the present Writ petition is flled,
2. With the consent of both the parties, the present WritPetition is disposed of at the admission stage itself.
3, The learned counsel appearing for the petitioner hascontended that the matter is squarely covered by the commonorder, dated 28.04.20L6, passed by this Court in W.p.No.4g11 of2011 and batch. Therefore, the Writ petition'may be allowed interms oF the above referred common order.
4, The learned Assistant Government pleader for Revenueappearing for the respondents has fairly conceded that thecommon order of the learned single Judge passed inW.P.No.4811 of 20tL and batch, dated 28.04.2016, covers the/ls in q uestion.
5. A reading of the common order, dated 28.04.2016,passed in W.P.No.4811 of 2011 and batch, reveals that thisCourt while dealing with the issue in question and taking intoconsideration the Circulars issued by the Commissioner, Survey,Settlements and Land Records, has held as under:
:
'23. In view of the above facts and circumstances,the writ [petitions ]are [disposed ][of ][directing ][the]res [po ]n de nt- [a ]uthorities to [consider ][the ][applications ][of ][the]petitioners for survey and demarcation of [lands ][after]receiving necessary charges, [keeping in view ][the ][Circulars]vide Rc.No.N1/1408/07, dated 1'3.07.2007 ,Rc.No.N1/6543/99, dated [25.O7.2OOL ][and ][Circular ][vide]Rc.No.N2/1741l2010, dated [18.05.2010 ][and ][also ][in]terms of the [judgment ][in ][W.A.No.618 ][of ][2013 and ][also]keeping in view the [provisions ][of ][Sections ][89, ][89-A ][and]92 of the Act and take [necessary ][action and communicate]the decision to the [parties. ][It ][is ][open ][for ][the ][petitioners]to [prefer ]appeal [against ][the ][said order, ][if ][they ][are]aggrieved in terms of [circulars referred ][to ][above."]
6. In view of the above, the [present ][Writ ][Petition ][is ][disposed]of in terms of the [common ][order, ][dated ][28.04.2016, ][passed ][in]W.P.No.4B11 of 2011 [and ][batch. ][The ][above ][said ][exercise ][shall]be completed within a [period ][of three ][(3) ][months ][from the ][date]of receipt of a coPY'tf [this ][order.]
Miscellaneous Petitions, [if ][any, ][pending in ][this Writ ][Petition]
shall stand closed. [There shall ][be no ][order ][as ][to ][costs.]
SD/- K.AMMAJI
ASSISTANT REGIgTRAR
/iTRUE COPYi/
-1.,
SECTION OFFICER
To,
1' The Principal Secretary, [Revenue Department, ][State of ][Te|angana, ][Secretariat,]
Hyderabad.
Hyderabad.Z. fie elsistant Director, [of Survey and Land Records, ][Nirmal ][District, ][Nirmal]Telanoana State
3. The T;hsildar, [Nirmal ][tvlandal ][(Rural) Nirmal ][District]+. ff''r" H,finOal Surveyor, [Nirmal lr/andal (Rural) Nirmal ][District]s. OnL Cc to Sri [Sashionar Kasireddy, Advocate ][IO^PUCI ]-\6. i;; CCriJCp [for ][Revenue, High'Court ][for ][the ][State of ][Telangana]at Hyderabad. [OUT]7. Two CD CoPiesinio"g [*iih; ][copy ][of ][order ][dt:28t0412016 ][in ][W ][P No ][4Bl ][1 ][ol ][2011 ][and ][Batch)]
SM
\ "\--
I
HIGH COURT
DATED:30/1212020
ORDERWP.No.23981 of 2020
DISPOSING OF THE WPWITHOUT COSTS
,
oe1HET4o$,)l-!11 2JAil2021L.\a,:_?
II
HON,BLE SRI [JUSTICE A.RAJASHEKER ][REDDY]
WRIT PETITIO[N ][Nos.4811][ of ][2011][ .31][799,][ 38450 ][of]2014 69s 704[705][ 706][ 851]L2a6 L3L713631385. 1387, [L696].2042[,2L69.2252.244L][.2][981.]5s88. 8182, a209,[8572,8][ 784. a902][,9247][ 9572,]9750, 9820, 9831, [1][oo43.][ IL4OL. ][LL42][8. ][L2][549.]13332134391615816306L75L4 L876719189L9722 of 2015 [and][ W.P.No.24][69][5 ][of2OO9]
COMMON ORDER:
Since issue [involved ][in ][these ][matters ][is ][one ][and]the same, all [these ][writ ][petitions ][are ][disposed ][of by ][this]common order.
In all these [writ ][petitions, ][it ][is ][the ][case ][of ][the]that [they ][have made representations ][to ][the]petitioners respondent-authorities [for ][conducting ][survey ][and]demarcation [qf]their [lands and ][that ][theY have ][Paid]lnecessary charges [and inspite of the ][same' ][the ][survey ][is]not being [conducted. ][In ][some ][of ][the ][cases' ][it ][is ][the ][case]of the petitioners [that ][the respondent-authorities ][are ][not]receiving necessary [charges ][towards conducting ][of survey]anddemarcationoftheirlands.Aggrievedbythesaidthe [present ][writ ][petitions are ][filed ][seeking]action, directions to [receive ][representations ][and ][necessaq/]for [conducting survey ][and ][demarcation ][of ][the]charges lands of the Petitioners.
Common counter affidavit is filed admitting thatthe Government has issued Circulars in respect of surveyof lands subject to conditions that the persons seekingsurvey are required to produce certain documentsin terms of Circulars and only on compliance of saidconditions, the survey would be conducted. Since theadmitting thatthe Government has issued Circulars in respect of surveyof lands subject to conditions that the persons seekingsurvey are required to produce certain documentsin terms of Circulars and only on compliance of saidconditions, the survey would be conducted. Since thepetitioners have not complied with the conditionsstipulated in the Circulars, they are not entitled for anydirections. As such, sought for dismissar of the writpetitions.Circulars, they are not entitled for anydirections. As such, sought for dismissar of the writpetitions.
Learned counsel for the petitioners while relying onthe petitioners while relying onthe judgment, dated 14_06_2013, passed by a DivisionBench of this Court in Bench of this Court in W.A.No.61g of 20J3 submits thatbasing on the Circulars issued by the Government, theWrit Appeal was disposed of directing the respondent-authorities to conduct survey and issue necessary surveyreport/proceedings to the appellant/petitioner therein.Writ Appeal was disposed of directing the respondent-authorities to conduct survey and issue necessary surveyreport/proceedings to the appellant/petitioner therein.
Learned Government pleader for Revenue by placingreliance on the Circulars vide Rc.No.Nl/laOg/07, datedl3-o7-20o7, Rc.No.Nl/ 6543/gg, dated 25_07_2001 andCircular vide Rc.No.N2/ l74l/2010, dated 18_OS_2010issued by the Commissioner, Survey, Settlements andLand reliance on the Circulars vide Rc.No.Nl/laOg/07, datedl3-o7-20o7, Rc.No.Nl/ 6543/gg, dated 25_07_2001 andCircular vide Rc.No.N2/ l74l/2010, dated 18_OS_2010issued by the Commissioner, Survey, Settlements andLand Records, submits that unless the petitionerspetitioners
comply the conditions laid [down ][in ][the ][said ][Circulars,]they cannot, as a matter of [right, ][seek ][directions ][for]conducting the survey and demarcation [of their ][lands']The Circulars are issued only [to ][facilitate ][the ][survey ][of]private lands. He also submits [that ][in ][W.A.No.618 of]2013, relied on by the learned [counsel ][for ][the petitioners,]a direction was issued [for ][compliance ][of ][conditions ][and]after production of relevant [documents ][for ][survey ][as]sought by the respondents [in ][Memo ][dated ][16-O4-2012]and reminder Memo [dated ][10-06-2013, ][the ][respondents]are directed to conduct [survey ][and ][issue ][necessary]report/proceedings to [the ][appellant ][therein' ][Learned]Government Pleader [basing on ][the ][counter ][submits that]in of the [plots ][situated ][in ][approved ][layouts ][of]respect Municipalities and [Municipal ][Corporations, ][the ][survey]cannot be conducted [by ][the ][Survey ][department and ][it ][is]for the licensed surveyors [licensed ][by ][the ][Corporations ][to]conduct the surveY.
A perusal of the [Circulars ][relied ][on by the ][learned]Government Pleader [for ][Revenue ][goes ][to ][show ][that]subject to compliance [of ][conditions ][in ][the ][Circulars,]can be [undertaken. ][The Division ][Bench ][in ][the]survey said Judgment [also considered ][the ][effect of ][Circulars ][and]set aside the order [of ][learned ][Single ][Judge' ][Learned]
counsel for the petitioners also not disputed that thepetitioners have to comply the conditions in the Circularsrelied on by the learned Government Pleader lor Revenue.In fact, Division Bench issued directions basing on theCirculars. Learned Government Pleader for Revenue alsostates that while taking up the survey and demarcationof the lands, the Survey Department has to fo1low theprovisions under Sections 89, 89-A and 92 of the AndhraPradesh (Telangana Area) Land Revenue Act, 1317 Fasli(For short " the Act").
In vier,,", of the above facts and circumstances, thewrit petitions are disposed of directing the respondent-authorities to consider the applications of the petitionersfor survey and demarcation of lands after receivingnecessary charges, keeping111view theCirculars vide Rc.No .Nl I l4O8l07 , dated 13-07 -2007 ,Rc.No.N1/6543199, dated 25-07-2001 and Circular videRc.No.N2/ 174L dated 18-05-2010 and also/2OlO, in terms of the judgment in W.A.No.618 of 2013 and alsokeeping in view the provisions of Sections 89, 89-A and92 of the Act and take necessary action andcommunicate the decision to the parties. It is open forthe petitioners to prefer appeal against the said order, ifthey are aggrieved in terms ol circulars referred to above.
I
5
tMiscellaneous Petitions, if any, pending in thesewrit petitions shall stand closed.
A.RAJASHEKER REDDY,J
2A-O4-20l6nr,1