Syed Zainul Abedin v. State Of Telangana And 4 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.24776 OF 2019 Date: 12.11.2019 Between:

Syed Zainul Abedin S/o.Syed Mohd. Sadiq, Aged about 59 yrs, R/o.H.No.23-1-278, Kotla Alijah, Jafferigalli Hyderabad.

.....Petitioner And State of Telangana, Rep., by its Secretary, Revenue Department, Secretariat, Hyderabad & others.

.....Respondents The Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.24776 OF 2019 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Revenue for respondents 1 to 3 and Sri Ch.Madhu, learned Standing counsel for respondent No.4. 2.

According to petitioner lands to an extent of Ac.2-06 guntas in Sy.No.184, Ac.2-06 guntas in Sy.N.185, Ac.0-11 guntas in Sy.No.186, Ac.0-30 guntas in Sy.No.195 of Prakashnagar, Begumpet Village, Balanagar Mandal, belongs to Smt K.Jayamma. Petitioner claims to have purchased the said lands from Smt K. Jayamma who claims to have succeeded to Vema Rajaiah through her mother Lakshmamma as pattadar. Petitioner alleges that M/s.Priyadarshini Co-operative Housing Society has been claiming this property by placing reliance on an agreement of sale dated 09.03.1981 from Guda Sankarappa.

By referring to this litigation, petitioner submits that he has been applying for conducting of survey, since the year 2013 and also made several representations to the department, but so far survey exercise is not taken up causing lot of hardship and suffering and that he is unable to develop the property owned by him. Several representations made to various authorities are enclosed to the writ petition. However, it is seen that petitioner applied for conducting of survey in the year 2013 and made a representation to the Assistant Director, Survey and Land Records, on 23.10.2013. Again another representation was made to the very same officer on 04.11.

- 3 - earlier correspondence and the application made in the year 2013.

3.

However, as per the procedure evolved by the Government, application for conducting of survey has to be made to the jurisdictional Tahsildar through online web portal in F-Line Form and only on making such application, request for conducting of survey would be taken up. If the applicant is not satisfied with the result of survey, he is entitled to prefer appeal to the Revenue Divisional Officer and thereafter to the Assistant Director, Survey and Land Records.

4.

Thus, no application/representation can be made directly to the Assistant Director, Survey and Land Records. 5.

At this stage, learned counsel for the petitioner seeks leave of the Court to make application afresh to the Tahsildar. 6.

In view of the same, the Writ Petition is disposed of granting liberty to petitioner to make an application afresh through online web portal in F-Line mode. On making such application to conduct survey in the survey numbers mentioned therein, the Tahsildar, Balanagar Mandal-2nd respondent shall consider the said request and take appropriate decision as warranted by law within six (6) weeks from the date of submission of such application and communicate the same to the petitioner. Pending miscellaneous petitions, if any, shall stand closed.

___________________ P.NAVEEN RAO, J 12th November, 2019 Rds