Vaidya Santosh v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) FRIDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 22685 OF 2022 Between:

'1 . Vaidya Santosh, S/o Ramarao, aged about 39 years, Occ ; Private Employee, R/o Lingapur village, Kamareddy Mandal Kamareddy District.

2. Smt. Vaidya Srimati, W/o Ramarao, aged about 62 years, Occ ; Agriculture, R/o Lingapur village, Kamareddy Mandal Kamareddy District. ...PETITIONERS AND 'l . The State of Telangana, rep. by its Principal Secretary, Revenue Departmenl, Secretariat, Hyderabad.

2. The District Collector, Kamareddy District, Kamareddy.

3. The Revenue Divisional Officer, Kamareddy Divsiion Kamareddy District.

4. The Tahsildar, Kamareddy District Kamareddy 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent authorities in conducting survey, demarcation and fixing the boundary stones in respect of my land in Sy.Nos. 17 and 2O situated at Lingapur Village, Kamareddy Mandal and Kamareddy District, inspite of the written representations dt. 11-32022 and 8-4-2022 followed by personal visits, as being illegal and arbitrary and consequently direct the respondent authorities to conduct survey, demarcation and fix the boundary stones in respect of the above mentioned lands.

LA.NO:1 OF 2022 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 respondent authorities to consider and take appropriate action pursuant to the representations dt. 11-3-2022 and B-4-2O22, pending disposal of the main Writ Petition and to pass.

Counsel for the Petitioners : MRS.G.JAYA REDDY Counsel for the Respondents : GP FOR REVENUE The Court made the following ORDER

HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.22685 OF 2022 ORDER:

This writ petition is filed seeking Writ of Mandamus to declare the action of the respondent authorities in not conducting survey, demarcation and fixing the boundary stones in respect of petitioners' lands in Sy.Nos.17 and 20, situated at Lingapur Vil1age, Kamareddy Mandal and Kamareddy District, in spite of the written representations dated 1I.03.2022 and Oa.O4.2022 followed by personal visits, S being illegal and arbitrary, and consequently, sought a direction to the respondent authorities to conduct survey demarcation and fix the boundary stones in respect of the above mentioned lands of the petitioners 2.

Heard the submission of learned counsel for the petitioners as well as the learned Assistant Government Pleader for Revenue. Perused the material available on record.

3.

The petitioners claim to be the absolute owners, possessors and Pattadars of the iir,a" ir', Sy.Nos. 17 lB, 2Ol A and, 2O/AI admeasuring Ac.0-06 gts. Ac.0-02 gts. and Ac.O-07 gts,

MSK,] w.P.No.22685 oI2022 respectiveiy, held by petitioner No.1; and Sy.Nos. 17 l2D, 20lB and 257 lD, admeasuring Ac.O-14 gts., Ac.0-17 gts. and Ac.1-13 gts., respectively, held by petitioner No.2, all situated at Lingapur Village, Kamareddy Mandal and District, having acquired the same by way of succession. The names of the petitioners were mutated in the Revenue records and Pattadar Pass Books were also issued in favour of the petitioners. As the adjacent land owners are trying to encroach upon the petitioners' lands, the petitioners, in order to safeguard and protect their lands, made F-Line Application daled 23.02.2021 to the respondents to conduct survey, demarcation and sub-division in respect of the lands in Sy.Nos. 17 lB, 20 /A and 2O lAl admeasuring Ac.0-06 gts. Ac.0-02 gts. and Ac.0-07 gts, respectively, held by petitioner No.

1; and Sy.Nos.17 l2D, 20lB and 257 lD, admeasuring Ac.0-14 gts., Ac.O-17 gts. and Ac.1-13 gts., respectively, held by petitioner No.2, all situated at Lingapur Village, Kamareddy Mandal and District, but the respondents have not acted upon the said F-Line Application made by the petitioners till date. Hence, the present writ petition.

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MSK.J W.P.No.22685 o12022 4.

Learned counsel for the petitioners contends that though the survey is required to be conducted within a period of 45 days from the date of submission of F-Line Application, the respondents failed to take action on the said representation as required under law. Therefore, he seeks intervention of ttris Court to direct the respondents to consider the F-Line Application made by the petitioners requesting to conduct survey, demarcation and sub-division in respect of the lands in Sy.Nos.17/8, 20lA and 20lA1 admeasuring Ac.0-06 gts. Ac.0-02 gts. and Ac.0-07 gts, I It respectively, held by petitioner No.1; and Sy.Nos.17/2D, 20lB and 257 lD, admeasuring Ac.O-14 gts., Ac.O-17 gts. and Ac.1-13 gts., respectively, held by petitioner No.2, all situated at Lingapur Village, Kamareddy Mandal and District.

5.

Having regard to the facts and circumstances of the case, this writ petition is disposed of directing the respondents to consider the F-Line Application dated 23.02.2021 submitted by the petitioners for conducting survey, demarcation and subdivision in respect of the lands in Sy.Nos. 17 lB, 20 lA arrd 20 /Al admeasuring Ac.0-06 gts. Ac.0-02 gts. and Ac.0-07 gts, respectively, held by petitioner No.1; and Sy.Nos.17/2D' 20/B

I\{S K.J W P.No 22685 oI2022 and 257 /D, admeasuring Ac.O-14 gts., Ac.0-17 gts. and Ac.1-13 gts., respectively, held by petitioner No.2, all situated at Lingapur Village, Kamareddy Mandal and District, within a period of four

(4) weeks from the date of receipt of a copy of this order. No order as to cost$.

6.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

SD/-K.SRINIVASA RAO JOIN REGISTRAR //TRUE COPY// I SEC N OFFICER To

1. The Principal Secretary, Revenue Department, Secretariat, State of Telangana at Hyderabad.

2. The District Collector, Kamareddy District, Kamareddy.

3. The Revenue Divisional Officer, Kamareddy Division, Kamareddy District.

4. The Tahsildar, Kamareddy District Kamareddy District.

5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to tt/RS.G.JAYA REDDY, Advocate IOPUCI

7. Two CD Copies B. One spare copy S.A MMAts'

HIGH COURT DATE * ffi;>

ORDER

WP.No.22685 of 2022 $'r 3 02 JUt't 20uz C) .h \\1 DISPOSING OF THE W.P WITHOUT COSTS.