Peyyala China Buchaiah v. The State Of Telangana And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 16357 OF 2021 Between:

Peyyala China Buchaiah, S/o.Ramaiah, Aged about 62 Years, Occ. Agriculture, R/o Venkatadripalem Village, lvliryalaguda Mandal, Nalgonda District ...PETITIONER AND The State of Telangana , Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad T.S.

The District Collector, Nalgonda District.

The Assistant Director, Survey and Land Records, Nalgonda District. The Tahsildar, lt/iryalaguda Mandal, Nalgonda 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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDATUUS declaring the action of the respondents in not conducting the survey and fixing the boundaries to the petitioner land in Sy No.244119, an extent of Ac 1 .'

1 0 gts situated at Venkatadripalem village, Miryalaguda Mandal, Nalgonda District is as illegal, arbitrary, contrary to the provisions of Survey and Boundaries Act and rules there under and 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 to the petitioners above said land forthwith. lA NO: 1 OF 2021 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 to the petitioners land in Sy No. 244119, an extent of Ac 1.10 gts situated at Venkatadripalem village, Miryalaguda tVlandal, Nalgonda District forthwith pending disposal of the main writ petition.

Counsel for the Petitioner :SRl. VENKATARAMANAIAH K Counsel for the Respondent No.s 't to 4 : GP FOR REVENUE The Court made the following: ORDER

a THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.16357 OF 2O21 ORDER:

The prayer sought in the writ petition reads as under: "... to issue an appropriate writ, order or direction more particularly one in the 'nature of WRIT OF MANDAMUS declaring the action of the respondents in not conducting the survey and fixing the boundaries to the petitioner land in Sy.No.244/19 an extent of Ac.1.10 gts., situated at Venkatadripalem vi11age, Miryalaguda Manda-I, Nalgonda District, as illegal, arbitrary, contrary to the provisions of Survey and Boundaries Act and rules there under and as well as violation fundamental rights guaranteed under the constitution of India and consequently direct the respondents to conduct the survey and fix the boundaries to the petitioner's above said land forthwith and pass such other order or orders as this Hon'ble Court may deem ht and proper in the circumstances of the case."

2.

Heard Sri Venkataramanaiah Kandula, learned counsel for the petitioner, and learned Assistant Government Pleader for Revenue for the respondents.

3.

Petitioner claims to be the owner of agricultural land to an t I extent of Ac.1.10 guntas in Survey No.244 119 of Venkatadripalem Village, Miryaiaguda Mandal, Nalgonda District. His name was mutated in the revenue records and he was issued pattadar passbook. He made application on 12.10.2019 in F-Line mode requesting to conduct survey and fix the boundaries to the subject 1and. But, so far survey is not conducted. Hence this writ petition.

4.

Copy of the receipt.issued by TSTS Online in response to filing of F-Line application by the petitioner is filed at page No.lO of the writ petition paper book.

5.

In view thereof, without entering into the merits, the writ petition is disposed of directing the Tahsildar, Miryalaguda Mandal, Nalgonda District, respondent No.4, to consider the application submitted by petitioner for conducting survey and fixing the boundaries.

If the said application is otherwise in order, direct the Mandal Surveyor to conduct survey by strictly following the circular instructions issued from time to time by the Commissioner for Survey, SetUement and Land Records, if necessary by putting on notice the adjacent property owners. If, for any reason, the Tahs dar is not in agreement to conduct survey, he shall pass respondent No.4 may orders by assigning reasons in support of the decision and communicate the same to the petitioner within a period of ten weeks from the date of receipt of copy of this order. pending miscellaneous petitions, if any, shall stand closed.

SD/-K.VENKAIAH ASSISTANT REGISTRA //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue Department' State of Telangana' Secretariat Building, HYderabad. T.S.

2. The District Collector' Nalgonda District'

3. The Assistant Director' Survey and Land Records' Nalgonda District'

4. The Tahsildar, t\/iryalaguda Mandal, Nalgonda District'

5. One CC to SRl. VENKATARAMANAIAH K Advocate IOPUC]

6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana' [OUT]

7. Two CD CoPies zmU €

HIGH COURT DATED:2010712021 e STAiEi Y q :)o r) 2l lut2021 * t ^'C .JESFi -

ORDER

WP.No.16357 of 2021 DISPOSE OF W.P WITHOUT COSTS