Boya Nagamma vs. The State Of Telangana

Facts

The petitioner, Boya Nagamma, claims to be the absolute owner and possessor of land measuring a total of 9.15 acres situated in Rajapeta village, Wanaparthy Mandal and District. She submitted an 'F-line' application on 22.05.2020 to the Tahasildar, Wanaparthy Mandal (Respondent No. 2), requesting a survey and demarcation of her land, providing copies of her Pattadar passbook and title deed. Despite acknowledging the application, Respondent No. 2 did not act upon it. Consequently, the petitioner filed the present writ petition seeking a direction to the respondents to conduct the survey and demarcation.

Held

The Court held that the writ petition is disposed of by directing Respondent No. 2 (Tahasildar, Wanaparthy Mandal) to consider the 'F-line' application submitted by the petitioner, bearing Id No. TTDERO22000499083 dated 22.05.2020. The Court further directed Respondent No. 2 to conduct a survey and demarcate the land strictly in accordance with law, ensuring that the petitioner and all affected parties are put on notice and afforded an opportunity to be heard. If Respondent No. 2 is not inclined to accept the petitioner's request, he must assign specific reasons and pass a reasoned order, a copy of which should be communicated to the petitioner. This exercise is to be completed within 45 working days from the date of receipt of a copy of the order. The Court also noted that there shall be no order as to costs.

Key Issues

1. Whether the action of the Tahasildar and Mandal Surveyor in not conducting the survey of the petitioner's land is illegal, unlawful, and contrary to law, as per Article 226 of the Constitution of India? Petitioner's Arguments: The petitioner argued that the respondents' failure to conduct the survey and demarcation of her land, despite a proper application and supporting documents, is illegal and violates her rights. She contended that the authorities have a duty to act upon such applications within a reasonable time. Respondents' Arguments: The learned Assistant Government Pleader for Revenue, on instructions, submitted that Respondent No. 1 (State of Telangana) will consider the 'F-line' application submitted by the petitioner and pass appropriate orders in accordance with law.