Chinthapally Anjaiah v. The State Of Telangana And 6 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.20359 of 2019 ORDER:

It is the case of petitioner that in the partition between himself and his brother, respondent No.7, he became the owner of land to an extent of Acs.2.08 guntas and Acs.0.20 guntas, in total Acs.2.28 guntas, in Survey Nos.646/2 and 647/6 respectively, situated at Rajupeta Revenue Village, Thipparthi Mandal, Nalgonda District; that there was no partition of the same by metes and bounds; that he has been cultivating the said land since 20 years and that recently, some land disputes arose between himself and respondent No.7 and thereby, respondent No.7 made an attempt to occupy his land. It is his further case that as there was an ambiguity with respect to the boundaries, he approached the respondent authorities seeking to fix boundaries by undertaking survey of the subject land, but, they did not respond to the same. It is also his case that for the same purpose, he filed F-Line application on 07.06.2019, but, the respondent authorities are not taking any action. Hence, he filed this writ petition.

Learned Government Pleader points out that though the petitioner asserted that he submitted F-Line application on 07.06.2019 for conducting survey and fixation of boundaries to his land, as per the procedure prescribed, he has to file online

CKR, J W.P.No.20359 of 2019 application, particularly, in Form VI(A), as prescribed under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, and the same would be required to be processed by the authorities. As on date, the petitioner does not appear to have submitted the application in Form VI(A), and as and when such application is filed, the same shall be dealt with by the authority concerned in accordance with law. In those circumstances and inasmuch as there being no application in Form VI(A) submitted by the petitioner, as pointed out by the learned Government Pleader, liberty is given to the petitioner to submit an application in Form VI(A) for conducting survey and fixation of boundaries to the subject land. Thereupon, the respondent authorities shall conduct enquiry and take necessary action by strictly following the procedure prescribed under the aforesaid Act and the Rules made thereunder, within a period of three (3) months from the date of receipt thereof.

Accordingly, this Writ Petition is disposed of. Miscellaneous Petitions, if any pending, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 19th SEPTEMBER, 2019.

kvni