Halavath Laxmi v. 1. The State of Telangana

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION NO.498 OF 2025 ORDER: This writ petition is filed for following relief: "...to issue an appropiate ulit order or direction more particularlg one in the nature of Wit of Mandamus or anA -other approprtote ord.er decloing tl-te endorsement dated 21.12.2024 in fite No.D/ 594/24 refusing to conduct suruey in respect of potta land in Sg.No.157 situated at Kamaram uttloge, Shankarampet R Mandal, Medak Distict, on the groind that tle adjacent surueg number uas surueged by "Inspector of Surueg, a-s iltegal, arbitrary and in uiolation of piiciples of naturat justice and contrary to the prouisions of -Telaigana Suruey & Boundaries Act, 1923 and Board Standing Ciranlars ond orders and Rules framed there and consequently to set aside the same, and pass such other order or orders as this Hon'ble Court maA deem fit and proper in the circumstances qf the case".

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner is owner and possessor of the agricultural iand to an extent of Ac. 1.OO gts., in Survey No.l57 lul2 situated at Kamaram Village, Shankarampet R Mandal, Medak District, having purchased the same under a registered sale deed uide document No.481O/2018, dated

06.10.2018. It is stated that the petitioner's name has been 2 CVBR, J Wp-498_202s recorded in the revenue records as per the provisions of Telangana Rights in Land and Pattadar Pass Books Act, 1977 and Pattadar Pass Book uide Passbook No.T09O6O100777 ar-d Katha No.6O637 was also issued in her favour. It is further stated that the petitioner has made an F-Line application ,ide application No.DtrRO2240lO9I329, dated 24.O8.2024 seeking to conduct survey and acting upon the said application, respondent No.S has issued notice in File No.D/594/2024 dated ll1 /2024 to tl:,c petitioner and ail the concerned pattadars fixing the date of survey on 29.11.2024 at 1 1.00 a.m.

4. The grievance of the petitioner is contrary to the said notice, respondent No.4 has issued the impugned endorsement dated 2I.12.2024 in File No.D/594124 rejectrng to conduct survey on the ground that the Inspector of Survey conducted survey of adjacent Iand and as such, the subject land cannot be surveyed by the Mandal Surveyor.

5. A careful exarnination of the impugned endorsement reveals that the reasons assigned for rejecting the application of the petitioner is contrary to the circular instructions issued by the Commissioner, Survey Settlements and Land Records in various circular instructions. As per the circular instructions issued by -) CVBR, J Wp 498_2025 the Commissioner, Survey Settlements and Land Records, if the persons interested for conducting of P-Line survey (Field Measurement Survey) satisfy all the requirements of the circular instructions, duly enclosing all the documents, there is an obligation on the part of the Mandal Surveyor to conduct the survey and fix boundaries. Simply because the adjacent survey has been conducted by the Inspector of Survey, respondentNo.4 is not having any power to reject the application submitted by the petitioner for conducting survey by the Mandal Surveyor. Thus, the impugned endorsement issued by respondent No.4 runs contrary to various circular instructions of Commissioner, Survey Settlements and Land Records.

6. Whenever any application is fiied to conduct survey, it is only the Mandal Surveyor, who is empowered to conduct survey; the aggrieved party has to file an appeal before the Inspector of Survey; and even if aggrieved by the survey of Inspector of Survey, Second Appeal lies before the Assistant Director of Survey Settlement.

7. Since the petitioner has made F-Line application seeking to conduct suruey by the Mandal Surveyor, the reasons assigned by the Tahsildar in the impugned endorsement are unsustainable. Accordingly, the said endorsement, dated 21.12.2024 is set aside directing the respondent authorities to issue fresh notices to the I I 4 CVBR, J \\/p -198_2025 petitioner and other interested persons, fixing the date of survey ald after considering the objections, if any submitted by the effected parties, proceed to. conduct the survey, strictly in terms of the notice issued in File No.D/594 12024, d,ated, .tt.2O24 by fi:re Mandal Surveyor within a period of four (4) weeks from the date of receipt of copy of this order. B. With the above observations, this Writ petition is disposed of There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if aly, shall stand closed. //TRUE COPYII ^3Btl;'^iT'#t'd,Ri'-' / SE TION OFFICER The Princi The Distri pal Secreta ry Revenue, Secretariat Buildings, T.S.,Hyderabad. ct Collector Medak District at Medak The Reve nue Divisional Officer, Med ak Division Medak l\4edak District The Tahsi ldar, Shankara mpet R Man dal, IVIedak District The Mand al Surveyor, S hankarampe tRM andal, Shankarampet, Medak District One CC to S RI. N. A/ANOHAR, Advoca te [OPUC Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad Two CD Co BIU GJP To, 1 2 J 4 Cl. 7.

8. $ HIGH COURT DATED:0710'112025 ORDER WP.No.498 of 2025 :;EH T4 ( Q^ 3 05F[8 2025 ( r * PAT c * DISPOSING OF THE WRIT PETITION WITHOUT COSTS -,Ya',inl Qy- 'W