Kappala Ramchandraiah v. The State Of Telangana And 5 Others
i [ 3168 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT { THE HONOURABLE SRI JUSTICE K.LAKSTIMAN WRIT PETITION NO: 1557 OF 2023 Between:
{ Kappala Ramchandraiah, S/o Guruvaiah, Occ. Agricujlture, R/o Nandipahad, Miryalaguda Mandal, Nalgonda District.
// ...PETITIONER AND l. The State of Telangana, Rep. by its Principal Secretary. Revenue Departrnent (LA), Secretariat Building, Secretariat, Hyderabad.
2. The District Collector, Nalgonda, Nalgonda District. .--
3. The Revenue Divisional Officer, Miryalaguda Division, Nalgonda District.
4. The Assistant Director of Survey and Lands, Nalgonda, Nalgonda District.
5. The Tahsildar, Miryalaguda Mandal, Nalgonda District.
6. The Mandal Surveyor, Nalgonda, Nalgonda District. ./'
--RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the respondents Nos.4 to 6 in non-considering the Online F-Line Application of the petitioner and non-conducting the survey, demarcation and fix the boundaries on his cultivating land in respect of the agriculture land in Sy.No.23l to an extent of Ac.2.
01 gts situated at Nandipahad Revenue Village, Miryalaguda Mandal, Nalgonda District, basing on the representation of the petitioner, is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and also in violation of Articles l4 and 300-4 of the Constitution of India and consequently direct the respondents Nos.4 to 6 to consider the Online F-Line Application ofthe petitioner and to conduct the survey, dernarcation and fix the boundaries on his cultivating land in respect of the agriculture land in Sy.No.23 I to an extent of Ac.2.
Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents Nos.4 to 6 to consider the Online F-Line Application of the petitioner; and to conduct the survey, demarcation and fix the boundaries on his cultivating land in respect of the agriculture land in Sy.No.23l to an extent of Ac.2.0l gts situated at Nandipahad Revenue Village, Miryalaguda Mandal, Nalgonda District, basing on the representation made by the petitioner ./-'
Couns'el for the Petitioner : SRI. RAPOLU BHASKAR Counsel for the Respondents : AGP FOR REVENUE The Court made the following :
, HON'BLE SRI JUSTICE K. LAKSHMAN i t ;
WRIT PETITION No.1557 of 2023 ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
2.
The petitioner herein is claiming that he is absolute owner and possessor of land admeasuring Ac.2-01 gts in Sy.No.231, situated at Nandipahad Revenue Village, Miryalaguda Mandal, Nalgonda Ditrict. He is also owner of land in other survey numbers In proof of the same, he has filed copy of latest Pattadar passbook He had submitted F-line application No.TTDER021700151902 dated 14.03.2017 with respondent Nos.5 and 6 with a request to conduct survey, demarcate the aforesaid land and fix the boundaries. Despite receiving and acknowledging the said F-line application, respondent t ilI Nos.5 and 6 did not act upon the same. Therefore, the present Writ Petition.
3.
Whereas, learned Assistant Government Pleader for Revenue on instructions would submit that respondent Nos.4 and 5 will consider the said F-line application submitted by the petitioner and pass appropriate orders in accordance with law.
4.
In view of the said discussion, this Writ Petition is disposed of directing respondent Nos.4 and 5 to consider the aforesaid F-line application No.TTDER021700l 51902 dated 14.03.2017 submitted by the petitioner, conduct survey, demarcate the aforesaid land and fix the boundaries strictly in accordance with law, by putting the petitioner and all effected parties on notice and affording them an opportunity of hearing. If, respondent Nos.4 and 5 are not inclined to accept the request made by the petitioner, he shall assign specihc reasons and pass a reasoned order, communicate copy of the said order to the petitioner. He shall complete the said exercise within 45 days from the date of receipt of a copy of this order. There shall be no order as to costs As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
SD/-N.SRIHARI ASSISTANT REGISTRAR I //TRUE COPYII N,-.--- SECTI6-N OFfICER To, l. The Principal Secretary. Revenue Department (LA), Secretariat Building, State of Telangana, Secretariat, Hyderabad.
2. The District Collector, Nalgonda, Nalgonda District.
3. The Revenue Divisional Officer, Miryalaguda Division, Nalgonda District.
4. The Assistant Director of Survey and Lands, Nalgonda, Nalgonda District.
5. The Tahsildar, Miryalaguda Mandal, Nalgonda District.
6. The Mandal Surveyor, Nalgond4 Nalgonda District.
7. One CC to SRI. RAPOLU BHASKAR Advocate [OPUC]
8. Two CCs to AGP FOR REVENUE, High Court for the State of Telangana, Hyderabad. [OUT]
9. Two CD Copies
HIGH COURT KLJ DATED:2010112023 S $E 't ).( ( l r'EB ?ull I o ORD[R * WP.No.1557 of 2023 WRIT PETITION IS DISPOSED OF WITHOUT COSTS