Radhika Jadav v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 24465 OF 2022 Between:

Radhika Jadav, Wo.Rathod Santhosh, Aged about 35 Years, Occ ; Agriculture, Ri/o. H. No.1/121lA, Hasnapur Village, Utnoor Mandal, Adilabad District. PETITIONER AND The State of Tetangana, Rep. by its Principal Secretary, Revenue Department, Secretariat building, Hyderabad T.S. The District Collector, Adilabad District.

Revenue Divisional Officer, Utnoor, Adilabad District. The Assistant Director, Survey and Land Records, Adilabad District. The Tahsildar, Untoor Mandal, Adilabad 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 MANDAMUS declaring the action of the respondents in not conducting the survey and fixing the boundaries to the petitioner land in Sy.No.1B1/1/2 an extent of Ac.0.1300 gts, in situated at Utnoor village and Mandal, Adilabad 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 India and consequently direct the respondents to conduct the survey and fix the boundaries to the petitioners above said land forthwith.

l.A.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 respondents to conduct the survey and fix the boundaries to the petitioners land in Sy.No.181l112 an extent of Ac.0.1300 gts, in situated at Utnoor village and Mandal, Adilabad District, forthwith pending disposal of the main writ petition.

Counsel for the Petitioner : M/s.MOGlLl ANAVENI Counsel for the Respondents : GP FOR REVENUE The Court made the following ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.24465 of 2022 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. With their consent, the writ petition is disposed of at the stage of admission.

2.

This writ petition is filed seeking a writ of mandamus to declare the action of respondents in not conducting the survey and fixing the boundaries to the petitioner's agricultural land admeasuring Acs.0. 1300 guntas in Survey No. 181 / 1/ 2 situated at Utnoor Village and Mandal, Adilabad District, as illegal and arbitrary.

3.

The petitioner alleges that she is the absolute owner and possessor of the agricultural land admeasuring Ac.O,1300 guntas in Suruey No.1B1/ 1/2 situated at Utnoor Village and Mandal, Adilabad District. Her name was mutated in the revenue records and she was issued pattadar passbook and as :

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such, she has been cultivating the said land without any interruption. The grievance of the petitioner is that though she made -E-Ifne application bearing No.DERO222OO7 84394, dated

f, 18.04.2022, through TSTS Limited to the respondents seeking to conduct survey and fix the boundaries over the subject land, the respondents are not taking any action on the said application.

4.

Having regard to the same, without going into the merits of the case, the writ petition is disposed of directing the respondents to consider the F-Line application in No.DER02220O784397, dated 18.04.2022, submitted by the petitioner through TSTS Limited seeking to conduct survey and fix the boundaries over the agricultural land to an extent of Ac.0.1300 guntas in Survey No.181/1/2 situated at Utnoor Village and Mandal, Adilabad District, and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order and communicate the said decision to the petitioner.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

SD/.T'SRINIVAS ASSISTANT REGISTRAR (r,, \ //TRUE GOPY// SECTION OFFICER To 1 The Principal Secretary' Revenue Department' Secretaria ' t;iu;o;;;;t HYderabad r'S'

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The Assistant Director, Survey and Land Records, Adilabad District. The Tahsildar, Untoor Mandal, Adilabad District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hvderabad. [OUT] Ohe CC to M/s.VOGlLl ANAVENI, Advocate [OPUC] Two CD Copies One spare copy v o 7.

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HIGH COURT DATED:1010612022 \ ] l fr_l t

ORDER

q2 0 itjil 202 C) WP.No.24465 of 2022 -t:

[sPATc\'\ 9O DISPOSING OF THE W.P WITHOUT COSTS.

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