Telangana High Court
WP/34991/2023 of Kanakatla Naresh Kumar Vs The State of Telangana on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:34991 0F 2023 Between: Kanakafla Naresh Kumar, s/o. Swami, Aged about. 27
HIGH COURT FOR THE [STATE ][OF ][TELANGANA]AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY [NINTH DAY OF DECEMBER]TWO THOUSAND [AND ][TWENTY THREE]
PRESENT
THE HONOURABLE SRI [JUSTICE B.VIJAYSEN ][REDDY]
WRIT PETITION [NO:34][991 ][0F ][2][023]
Between:
Kanakafla Naresh -eo'antrami [Kumar, ][s/o. ][Swami, ][Aged about. 27 ][yearc, ][occ ][; ][Agriculture, ][Ryo.]iiLlo.D-lZ, Nagar, Ward No. 21, Mandamarri, Mancherial District.
.....PETITIONER
AND
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1. The State of [Telangana, ][Rep. by its Principal Secretary, (Revenue]Department), Secretariat, [Hyderabad.]Department), Secretariat, [Hyderabad.]
2. The District [Collector, ][Jagityal ][District.]
3. The Tahsildar, [Gollapalli ][Mandal, Jagityal District']
4. The Mandal Surveyor, [o/o. ][Thahasildar, Gollapalli ][Mandal, ][Jagityal, ][District-]
.....RESPONDENTS
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]Writ of Mandamus [declaring ][the ][action ][of ][Respondents ][No'3 and ][4 ][in ][not]the [boundaries ][of ][the ][petitioners ][land ][in ][Survey ][No'137/2]demarcating Ac. [0'2650 ][guntas ][and ][Survey ][No. ],1 36/2 admeasuring Acre. 4.06admeasuring guntas, total admeasuring [Ac.4.3250 ][gnts situated ][at ][chandoli ][Village, ][Gollapalli]Mandal, Jagityal [District, by conducting survey ][in ][pursuance ][of ][the petitioner ][F-]Lineapplicationdated.o6to't2o23asillegal'arbitraryandcontrarytolawbesides violation [of ][Principles ][of ][Natural Justice apart ][from ][violation ][of ][Articles]14 and 300-A [of ][the ][constitution ][of ][lndia ][and ][consequently ][direct ][the]RespondentsNo.3and4todemarcatetheboundariesothepetitionerslandinSurvey [No.'1 ][3712 ][admeasuring ][Ac. ][0.2650 ][guntas and land ][in ][Survey ][No'136/2]
admeasuring Ac. 4.06 guntas, total admeasuring Ac. 4.3250 guntas situated atChandoli Village, Gollapalli Mandal, Jagityal District.!.A.NO:1 OF 2023Chandoli Village, Gollapalli Mandal, Jagityal District.!.A.NO:1 OF 2023
Petition Under Section 151 cPc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirect the Respondents No.3 and 4 to demarcate the boundaries of thepetitioners land in Survey No.137/2 admeasuring Ac. 0.2650 guntas and surveyNo.136/2 admeasuring Ac. 4.06 guntas, total admeasuring Ac. 4.3250 guntassituated at chandoli Village, Gollapalli Mandal, Jagityal District, by conductingsurvey, in pursuance of the petitioner's online application dated. 06/05/2023,pending disposal of the writ petition.
Counsel for the Petitioner : SRI N.INDRASENA REDDY
Counsel for the Respondents : AGP FOR REVENUEThe Court made the following ORDER
i
Iii!IiiJI
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDYWRIT PETITION No.34991 OF 2023
ORDER:(ORAL)
This writ petition is filed by the petitioner seeking to declareaction of respondent Nos.3 and 4 in not considering his F-Lineapplication bearing No.D8R022300949008 dated 05.06.2023 forconducting Survey and demarcation of his lands admeasuringAc-0.2650 guntas and Acs.4-06 guntas in Survey Nos.l37l2 and136/2 respectively situated at Chandoli Village, Gollapalli Mandal,Jagityal District, as being illegal and arbitrary.
2. Heard learned Counsel for the petitioner, learned AssistantGovemment Pleader for Revenue appearing for respondents, andperused the material on record.
3. It is submitted that the petitioner is the absolute owner and
possessor of the land admeasuring Ac-0.2650 guntas and Acs.4-06guntas in Survey Nos.137l2 and 136/2 respectively situated atChandoli Village, Gollapalli Mandal, Jagityal District, havingacquired the same by virtue of registered gift deed bearingdocument No.358 of 2023. He was also issued [e-pattadar]guntas in Survey Nos.137l2 and 136/2 respectively situated atChandoli Village, Gollapalli Mandal, Jagityal District, havingacquired the same by virtue of registered gift deed bearingdocument No.358 of 2023. He was also issued [e-pattadar]
passbook No.l8040lg094g with Khata No.60374. ln order to gethis land surveyed and demarcated, the petitioner has submittedF-Line his land surveyed and demarcated, the petitioner has submittedF-Line application bearing No.DER02230094900g dated05.06.2023. 05.06.2023. Subsequent to the application of the petitioner,respondent authorities has issued notice dated 2g.07.2023 in FileNo.B/I80/2023 fixing the date of survey as 05.0g.2023. However,respondent authorities has issued notice dated 2g.07.2023 in FileNo.B/I80/2023 fixing the date of survey as 05.0g.2023. However,survey was not conducted on the said date. Despite severalrepresentations of the petitioner, respondent authorities are notacting upon the application of the petitioner. Hence, the petitioneracting upon the application of the petitioner. Hence, the petitioneris constrained to approach this Court.
4. Learned Assistant Government pleader for RevenueRevenueappearing for respondents has submitted that appropriate actionwill be taken on the F_Line application of the petitioner, inaccordance with law.
Learned Assistant Government pleader for RevenueRevenue
5. Recording the aforesaid submission of the leamed Assistant Government [pleader ]for Revenue, without going into the merits ofthe case, the writ petition is disposed of directing respondent Nos.3and 4 and 5 to consider the F-Line application of the petitionerbearing No.DER02230094900g dated 05.06.2023 for conducring Survey and demarcation of his lands [admeasuring]Ac-0.2650 guntas and Acs.4-06 [guntas ]in Survey [Nos.l3712 ][and]136/2 respectively situated at Chandoli [Village, ]Gollapalli [Mandal,]Jagityal District, by issuing notice to all [concerned/interested]persons, and pass orders, in accordance [with ][law, ][within ][a ][period]of two (2) months from the date of [receipt ][of ][a ][copy ][of ][this ][order.]No order as to costs As a sequel thereto, miscellaneous [applications,]if any, pending in the writ [petition ]stand [closed.]
SD/.K.SREERAMA [MURTHY]ASSISTANT lEGISTRAR\ [\ ],,4/SECTION OFFICER
//TRUE [COPY']
'o ,. [-n" ][Principal Secretary, ][(Revenue Department)' Secretariat' ][State ][of]Telanoana at [HYderabad.]
2. The D-istrict [Col[ector, ][Jagityal ][District-]
5. fn" f"nsitOar, fn" f"nsitOar, f"nsitOar, [[Gollapalli ]][[Mandal' ][Jagityal-Drstnct]][[Jagityal-Drstnct]]
5. fn" f"nsitOar, fn" f"nsitOar, f"nsitOar, [[Gollapalli ]][[Mandal' ][Jagityal-Drstnct]][[Jagityal-Drstnct]];: iil; M;;;Gt;;v;, [ot"lir''ri*itAi'r' ][coltapatti Mandal' Jasitval' ][District];: i;; ic;-t; [cF ][rdn ][nEier'rur, ][uigh court ][ror the ][state ][of ][relansana ][at]Hvderabad. [OUT]
Hvderabad. [OUT]o. ij'.,l"cCiJ s'i [il.i ][i'la ][rr"" ][nu ][Redd ][v, Advocate ][[o ][P ][u ][c]]7Two CD CoPies\V
SA\SB
HIGH COURT
DATED:2911212023
ORDER
WP.No.34991 of 2023
DISPOSING OF THE W.P
WITHOUT COSTS.
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