P. Satyanarayana v. 1. The State of Telangana

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 a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the 2nd respondent in not conducting the survey of petitioners land in Survey No.994, admeasuring Ac.17.17 guntas, situated within the limits of Mahabubnagar Village of Mahabubnagar Urban Mandal and District, by considering the petitioners application No.A0D022300056795, dated 14.08.2023 and Notice dated 06-06-2024 of the second respondent, as being illegal, arbitrary, unreasonable and violative of principles of natural justice and contrary to the provisions of the Telangana Survey and Boundaries Acl, 1923, apart from being violative of Articles 14,21 and 300-4 of the Constitution of lndia and issue a consequential direction directing the respondents to conduct the survey and demarcate the land in Survey No. 994 of Mahabubnagar Village, lVlahabubnagar Urban Mandal and District. lA NO: 1 OF 2025 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 second respondent to conduct the survey of petitioner's rand in Survey No. 994, admeasuring Ac. i 2.1 7 guntas, situated within the rimits of Mahabubnagar Village of Mahabubnagar Urban Mandar, Mahabubnagar District, by considering the petitioner's application No.A0D0223000s6795, dated 14.08.2023 and Notice dated 06-06-2024 of rhe second respondent, pending disposar of the writ petition. Counsel for the Petitioner: SRI pALLE SRINIVASA REDDY Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER "-7 HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.6O1 of 2O2S ORDER: . This writ petition is filed declaring thc action of respondent No.2 in not considering the application for appeals on demarcation, dated L4.O8.2O23 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs. 17. 17 guntas in Sy.No.994, siruared at MahabubnaS{ y1ll1Se, Mahabubnagar Urban Mandal and District as ilegal, arbitra;, violative of principles of natural justice apart from violative of the Articies ).4, 27 and 3O0-A of the Constitution ol India and for orher appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land Acs. 17.17 guntas in Sy.No.994, situated at Mahabubnagar Village, Mahabubnagar Urban Mandal and District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued pattadar pass book bearing No.6O581 uide patta No. 169 1 under the provisions of the Teiangana Rights in Land and Pattadar Passbooks Act, 1971and the Rules made thereunder. It is the further case of the petitioner that when neighbouring land owners have started disturbing the boundaries of the subject land I I l CVBR..I Wp-601-2025 and aS such, the petitioner had submitted application for appeals on demarcation, dated 14 'Oa '2023 to conduct the survey and demarcation of the subject' land and fix the boundaries' The grievance of the petitioner is that even after receiving the said application, the respondent authorities are not conducting survey and fixation of the boundaries'

3. Considered the submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage' Learned counsel for the petitioner has submitted 4. terms of the circular issued by the Commissioner' that in Survey, SettlementsandLandRecords,therespondentsareboundto consider the application within 45 days from the date of the application after collectrng necessary charges' lrarned Assistant Govemment Pleader for Revenue 5. appearing for the respondents has submitted that the respondent authorities will consider the aforesaid application submitted by the petitioner by following due procedure laid down under law and conductsurveyanddemarcatethesubjectlandbyfixing boundaries l J CVBR..I Wp 601_2025

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulhlled, the survey and boundary Iixation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc. No.N I /6543/99, dated 25.O7 .2OOl, Rc.No. N 1 / l4OB I 07, dated 13.O7.2OO7, and Rc.No.N2/174ll2OlO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation fior the respondents to conduct survey within the time specihed in the said circulars. I \

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents I I n + CVBR..I Wp-601 2025 appeals on t4.o8.2023 No.2 to examrne the petitioner's aPPlication for No.AODO223O0O56795, dated rlemarcation uide submitted for conducting survey and demarcation by f-rxing boundary stones to the petilioner's land to an extent of Acs'17'17 guntas in Sy.No 994, situated at Mahabubnagar Village' Mahabubnagar Urban Mandal and District and if the petitioner fulfrls all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent Pattadars and after considering their objections' respondent No.2 shall conduct survey of the aforesaid land' within a period of eight (8) weeks from the date of receiPt of a coPY of this With the above observations, this Writ Petition is disposed of'

8. There shall be no order as to costs' As a sequel, the miscellaneous petitions pending' if any' 9 shall stand closcd SD/- P. PADMANABHA REDDY A ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 'o ,. -nu Principal Secretary' Revenue Department' Secretariat' Hyderabad' State of Telangana Mahabubnagar District'

2. The Assistant Director of Survey and Land Records' Mahabubnagar' 3. 6;; cti; s"Ri Fnr-lE sntNIVASA REDDY' Advocate toPugl. ;. i;; 6c.io ci roi nEVrruur, High court for the State of Telangana, at Hyderabad. [OUT] Two CD CoPies 5 PSK. GJP \y HIGH COURT DATED:0810112025 ORDER WP.No.601 ot 2025 tu* (,' 7 a THE .S t4 ? g ,Jui tqti t I DAT,:s DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ W