Chinthalakunta Pagunta v. State Of Telangana
[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction) FRIDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 2237 OF 2023 Between:
Chinthalakunta Pagunta, S/o. Chinthalakunta Pedda Karreppa Aged about 41 years, Occ. Agriculture R/o. H.No.1-1, Thappetlamorsu Village, Ghattu Mandal, Jogulamba Gadwal District. T.S.
...'ETITIONER AND
1. State of Telangana, rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Jogulamba Gadwal District, T.S.
3. The Revenue Divisional Officer, Gadwal Division, Jogulamba Gadwal District, TS.
4. The Mandal Revenue Officer, Maldakal Mandal, Jogulamba Gadwal Diskict, TS
5. The Mandal Surveyor, Maldakal Mandal, Jogulamba Gadwai District, T.S. ,..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 an appropriate Wnt, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in conducting survey and fixing the boundaries in respect of the petitioner's lands in Sy.No.140/81/1/2 admeasuring Ac.0-10 gts., Sy.No.14OlB1l2l2 admeasuring Ac.0-10 gts., and Sy .No.140/81/4 admeasuring Ac.0-'10 gts., total admeasuring Ac.0-30 gts., situated at tvlaldakai Village and Mandal, Jogulamba Gadwal District as illegal, unjust, arbitrary, violative of principles of natural justice and contrary to the provision of Survey and boundaries Act and rules made there under an as well as violation fundamental rights guaranteed under the constitution of lndia and consequently direct the respondents to conduct the survey and fix the boundaries of the petitioner's above said land forthwith
lA NO: 1 OF 2023 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 direct the respondents to conduct the survey and fix the boundaries of the petitioner's land in Sy.No.140/B1/1/2 admeasuring Ac.0-10 gts., Sy- No.140/B'l/2/2 admeasuring Ac.0- 10 gts., and Sy.No.140/B1/4 admeasuring Ac.0-10 gts., total admeasuring Ac.0-30 gts., situated at Maldakal Village and Mandal, Jogulamba Gadwal District pending disposal of the main writ petition Counsel for the Petitioner: SRl. DILIP KUMAR Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2237 of 2o23 ORDER:
Heard Sri Dilip Kumar, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
Petitioner is claiming that he is the absolute owner and possessor of lands admeasuring Ac.0-10 gts., in Sy.No.t4OlBL I t/2, Ac.O-10 gts., in Sy.No.I4O lBl /212 and Ac.O- 1O gts., in Sy.No. l4O lBl 14, total admeasuring Ac.O-30 gts., situated at Malda-kal village and Mandal, Jogulamba Gadwal district. In proof of the same, he has filed copies of sale deeds, 13-B Certificate and also pattedar pass books and title deeds. He has submitted I F-line application bearing No.DERO223O0883781 dated ll-Ol-2o23 with respondent Nos.4 and 5 with a request to conduct survey and demarcate the aforesaid lands by Iixing boundaries. Despite receiving and acknowledging
the said F-line application, respondent Nos.4 and 5 did not act upon the same, therefore, the present writ petition.
Whereas learned Assistant Government Pleader for Revenue, on instructions, would submit that respondent Nos.4 and 5 will consider the aforesaid F-line application submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the aforesaid lands by fixing boundaries.
In the receipt of F-line application dated 1I-O|-2O23 itself, it is mentioned that the request made by the petitioner will be considered within fort5r five (45) working days from the request date. The petitioner herein instead of waiting for the above said period, Iiled the present writ petition. This writ petition is premature writ petition. However, considering the nature of relief sought, this writ petition 1S disposed of, directing respondent Nos.4 and 5 to consider the F-line application bearing
J No.DER922399883781 dated 11-OI-2O23 submitted bv the petitioner, conduct survey and demarcate the aforesaid lands by fixing boundaries, strictly 1n accordance with law by putting the petitioner and a-11 affected parties on notice and affording them ar opportunity of hearing. If respondent Nos.4 and 5 are not inclined to accept the request of the petitioner, they shall assign specific reasons, pass a reasoned order and sha-ll communicate copy of the said order to the petitioner. They shall complete the entire exercise within a period of forty five (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/.A.V.S. PRAS ASSISTANT REGIS //TRUE COPY// SECTION FICER To, 1 . The Mandal Revenue Officer, Maldakal Mandal' Jogulamba Gadwal District' T.S, z. ini rUanOat Surveyor, Maldakal Mandal, Jogulamba Gadwal District' T S'
3. i;;'cc;f; cp F6n'nrveNue ,Hisn couh for the state of relangana' at V Hvderabad [OUT] a oh"-cdio 5nt. btt-tp KUMAR, Advocate [oPUc]
5. Two CD coPies B t\, BS
HIGH COURT DATED:2710112023 a B,IATE
ORDER
rt$ Nil [1 {l o !) I WP.No.2237 ot 2023 a= t + ,t.a CI A1 :l DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,o