Mohd Fasiuddin v. State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Mohd. Fasiuddin, s/o. Mohammad Mohiuddin, Aged about 43 years, r/o. Kagaznagar town and Mandal, Komurambheem Asifabad district.

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Revenue Department, Secretariat, Hyderabad and others.

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner claims to be the absolute owner and in possession of land to an extent of Ac.0.15 guntas in Sy.No.253/A1/1A1A/3 of Kothapet village, Kagaznagar Mandal, Komurambheem Asifabad district, having purchased the same through registered sale deed dated 03.08.2017. Petitioner claims that he made application dated 06.01.2018 to the Revenue Divisional Officer to conduct survey of the land purchased by him. The Revenue Divisional Officer in turn directed the Deputy Inspector of Survey of his Office to conduct survey vide his memo dated 06.01.2018. Petitioner alleges that though the Deputy Inspector of Survey issued notice in March, 2019 to conduct survey on 11.03.2019, but no survey is conducted so far and caused hardship to the petitioner. 2.

As per the procedure evolved by the Government and the instructions formulated and published, initially the authority competent to conduct survey is Tahsildar of the concerned Mandal and as per the directions of the Tahsildar, the Mandal Surveyor has to conduct survey. The application for conducting survey has to be submitted in F-line mode through Online web portal. On receiving such application, the Tahsildar sets in motion to process and consider the said request and on any decision made by the Tahsildar, appeal would lie to the Revenue Divisional Officer. The Revenue Divisional Officer being the appellate authority, he could not have initiated and processed the application, and ought to have relegated the petitioner to follow procedure required and to make application to the competent authority. Thus, the relief prayed in the Writ Petition cannot be granted. Granting liberty to the petitioner to apply as

required to conduct survey, Writ Petition is disposed of. As and when such application is filed within the time prescribed in the guidelines, the survey exercise should be completed, at any rate, within a period of two months from the date of receipt of such application. If Tahsildar is not inclined to accept the request of petitioner to conduct survey, the same shall be informed to the petitioner by a reasoned order within the time stipulated. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm