J. Vijay Kumar And Another v. The State Of Telangana And 3 Others

I [ 3168 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT I THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 46646 OF 2o22 i I i I Between:

1 . {. Vijay Kumar, s/o. Bhagavan Rao, lndian, Aged 50 years, Fyo. 1-77, Bairapoor Village, Birkoor [\/andal, Kamareddy Distiict.

2. J. Sangeetha, w/o. J. Vijay Kumar, lndiair , Aged 42 years, Fyo. 1-77, Bairapoor Village, Birkoor Mandal, Kamareddy Dis[rict.

3. J. Subhadra, w/o. Bhagavan Rao, lndian, Aged 70 years, Rl/o. 1-77, BairapoorVillage,BirkoorMandal,KamareddyDislrict. ...pETlTlONERS Il AND I The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat. Hyderabad.

The District Collector, Kamareddy, Kamaredy District. The Tahsildar, Birkoor l\,4andal, Kamareddy District. The Assistant Director (Survey), Kamareddy District, Kamareddy. ,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 declaring the action of the respondents in not conducting survey pursuant to the F-Line Application Numbers AA5910386, AA59'10379 and AA59'1 0383 dated 2411112022 as illegat, null, void and arbitrary and consequently direct the respondents to conduct the survey for the petitioners lands situated at Bairapoor Village as per F-Line Application dated 2411112022.

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 Respondents to conduct survey of petitioners lands pursuant to the FLine Applications Nos. AA5910386, AA5S10379 and AAS910383 dated 2411112022 forthwith, pending disposal of the writ petition. Counsel for the Petitioners: SRI K. DURGA PRASAD Counsel for the Respondents: ASST.

rI:)N'BLE SRI.ILISTICE K. LAKSII]V ,\N WF2O2?

oR_,\t_ ()ttDI ti:

Heard l,.arned counsel for. the petitioners and l:arned Assistant (iovcntment )leader for Revenue appearing on Lrehalf of thc lespondents

2. I'he petitioners herein ar.e claiming thar petit oner No. I is the absolute orvnt r and possessor of the agriculhrre land atlmeasuring Acs.7.00 guntrs in Suney Nos.4 l/2, 42/l/1, 4Z|ZAAtlllllllll and 133/1, petition:r No.2 is owner and possessor of the tr.nd a<lmeasuring Acs.l7.20 gur ras in Survey Nos.7/3, 106, 135, 1_lri and 137 and petition!-r No..; is the orvner and possessor ol the lancl a<lmeasuring Acs. l7.2tl gun.as in Survey Nos. 133, 134, 135, 136 and l-t7, situated rl Ilairapoor \ illage, Birkoor Mandal, Kamarecldy Districr. In prool ot'tlrc sanrc. thlv have filed photostat copies of l_B F,rrrns (l{OR) and latest pattadar pass books. They have submitted F_t ine applications vicie I"l'D 1R022200866283, 'mDER022200ti66250. and I I l)Irl{01220,)9(16267. dated 24. I 1 .2022 with r.esporrdcnr Nos.2 and .l with a reque it to conduct survey of the aforesaid. f ,espite recciving /

\ Z and acknowledging the said F-line applications, respondent Nos.2 and \ 3 did not act upon the same. Therefore, the present writ petition

3. On the other hand, learned Assistant Govemment Pleader lor Rcvenue. on instructions, would submit that respondents wilI consider' the applicatior-rs of the petitioners herein and pass necessary orders thereon.

4. In view of thc above, this writ petition is disposcd of directing rcspondent Nos.3 and 4 to consider the aforesaid F-line applications dated 24.11.2022 submitted by the petitioners and pass appropriatc ordcrs in accordance '"vith larv by putting 1he petitioners herein and all alfected persons on notice and affording thenr ar.r opportunit), ol hearing. If respondent Nos.3 and 4 are not inclincd to consider the requests of the petitioners,, they shall give spt'cilic reasons to that eliect. They shall communicate a copy of the o|der to the pctitioners. 'l'hey shalI complete the entire exercise u'ithin lbrtl fir,e (.1-5) dar,s t'orn the date olreceipt of copy olthis order. Hou,s'cr. thcrc shall bc no order as to costs.

As a s :quel, the miscellaneous petitions. if ar v. pending in the writ petition ;hall stand closed.

SDi-A.V,S.PRASAD ASS,ISiTANT REGISTRAR ( 1L:- SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, The Sta er of lelangana, Secretariat, l- yderabad.

2. The District C ollector, Kamareddy, Kamaredy District.

3. The Tahsilda , Birkoor Mandal, Kamareddy District.

4. The Assistan Director (Survey), Kamareddy District, Ka-rrarecldy.

5. One CC to Sltl K. DURGA PRASAD, Advocate [OPUC]

6. Two CCs to ( iP FOR REVENUE, High Court for the Sta e of -I'etangana tourl

7. Two CD Copi :s BN GJP kKs //TRUE COPY//

HIGH COUTIT DATED:301' 2111022 1 HE S I4rA.

. .ii

ORDER

i IgTEBzUR WP.No.466t 6 of 2022 -I 'i).

, , '|, :': r,i| DISPOSING OF THE WRIT PETITION WITHOUT COSTS