✦ High Court of India · 09 Jan 2025

High Court · 2025

Case Details High Court of India · 09 Jan 2025
Court
High Court of India
Decided
09 Jan 2025
Bench
Not available
Length
1,136 words

Petition under Articre 226 ot the constitution of rMia 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 decraring the action of the respoMents 2 to 4 in not conducting survey; measure and fix the boundaries to the patta rands in -r (Bavupet) or Kothaparrv Mandar, Karimnagar :l);:::*::"':j :;j"*asar pffi*:tn IJi i',ffi :,.*;';,,::,ra : **i ; direct the respondents;,";;":,,:.:,'."':::" "'natural [n**j::''J:il,:lli']1"1,-11::T,llliii*:::;;"ill,:; app,ication orthe 4th r",n,lij," jiln,ffjfl;:,:;.#;,.ffi ,i" ""i," justice and consequenry IA NO :1O F2025 petition under Set in the affidavit fitea in su 1 51 CpC praying that in the circumstances stated i,*::rilxT:,1'r.,ffi ,#it***"ffi ::,1;# ;f Karimnagar District bel( apprication or *re +*r ;ilt"'",':, jnJ#l:1',., bv considerinn ,^" disposal of the main writ petition. ""i". e interest of iustice, pending Counsel for the petitioners: Counsel for the Respondent No.i to 4: AGp FOR REVENUE The Court made the following: ORDER SRI BALA MURALI.Y HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.971 of 2o25 ORDER: . This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated

25.05.2024 submitted by the petitioners seeking for conducting survey and demarcation of the patta lands in Sy.No.274 situated at Asifnagar (Bavupet) Village, Kothapally Mandal, Karimnagar District, as illegal, arbitrary and violative of the Articles 14, 15, 2l and 30O-A of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioners are the pattadars and possessor of the lands in Sy.No.274 situated at Asifnagar (Bavupet) Village, Kothapally Mandal, Karimnagar District. It is further stated that the name of the petitioners were reflected in all the revenue records as pattadars and the revenue authorities also issued e-pattadar pass books. It is also stated that the petitioners have submitted F-Line application, dated 25.05.2024 to respondent No.4, by paying requisite fee to condrrct survey of the subject land and fix the boundaries. The grievance of the petitioners is that even after receiving the said F-Line application, : I 2 - the respondent authorities are not conducting survey and lixation of the boundaries'

3. Considered the submissions of the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos'l to 4 and with their consent this writ petition is disposed of at the admisSon stage ' l*arned counsel for the petitioners has submitted that in 4. terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the applicadon after collecting necessary charges' Leatned, Assistant Government Pleader for Revenue 5. appearing for the respondents has submitted that the respondent authorities wiil consider the aforesaid F-Line application submitted by the petitioners by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries' It is settied law that the Survey Department has the 6. 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 ./ _l 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 fulfilled, the survey and boundary fixation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars lrom time to time vide Rc.No.N 1 /6543 / 99, dated 25.07 .2OO l, Rc.No.N 1 / I 4O8 / 07, dated 13.07.2OO7, and Rc.No.N2l 174 1/2OIO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands I I and as per the said circulars, if the petitioners fulfill all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specilied in the said circulars.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent No.4 to examine the petitioners F-Line application, dated

25.05.2024 submitted for conducting survey and demarcation by fixing boundary stones to the petitioners lands in Sy.No.274 situated at Asifnagar (Bavupet) Village, Kothapally Mandal, 4 Karimnagar District and if the petitioners fulfill 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 b.fter considering their objections, respondent No.4 shall conduct survey of the aforesaid [and, within a period of eight (8] weeks from the date of receipt of a copy of this order.

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. g. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/- P. PADMANABHA REDDY TANT REGISTRAR //TRUE COPY// To, SECTION OFFICER '1 . The Principal. Secretary, Re.venyg Department, Dr. B.R.Ambedkar Telangana ^ Secretariat, Hyderabad, State of Telangana. 2. The Collector, Karimnagar, Karimnagai District. 3. The Revenue Divisional Officer, Kari-mnagar, Karimnagar District. 4. The Tahsildar-cum-Joint Sub-Registrai, Kothapalli Mandal, Karimnagar 5. One CC to SRI BALA MURAL|.y., Advocate tOpUCl 6. Two CCs to GP FOR REVENUE, High Court for t'he State of Telangana at District. Hyderabad [OUT] BSR

7. Two CD Copies9 I I t '' HIGH COURT DATED: 0910112025 ORDER WP.No.971 ot 2025 IHE ST4 14: q 3 zt JAI 2ff25 I ,Jt('\1 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 16)v- )*

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