lvlarri lvlalla Reddy v. The State of Telangana

The Tahsildar, Devaruppula firlandal, Jangaon District. The Mandal Surveyor, O/o.Tahsildar, Devaruppula Mandal, Jangaon District The Assistant Director, Survey and Land Records Survey Department, Jangaon District. The Deputy lnspector of Surveyor, Survey and Land Records Survey Department, Jangaon District. The Deputy Commissioner of Police, Jangaon, Jangaon District. The Station House Officer, Devaruppala Police Station, Devaruppala, Jangaon District. ...RESPONDENTS Petition under Article 226 of lhe 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 in the nature of Writ of MANDAMUS declaring the action of the respondentsjn--not conducting the enjoyment surveyiSub-Division and not fixing the boundaries to the petitioner's agricultural land in an extent of Ac.1 .24 guntas of Sy.No.371/8/36/2/1 (37118) situated at Devaruppula Village and Mandal, Jangaon District in pursuance of F-line application TTDER022401 'l 13848 dated 3011112024 filed by the petitioner and also representation dated 0411212024 as illegal, arbitrary and violative of principles of natural justice and also violative of the provisions of Survey and Boundaries Act apart from being violative of Articles 14,21 and 300-,4 of the Constitution of lndia and conseque.rily direct the respondents 2 to 6 to conduct enjoyment survey/sub-division and fix boundaries of the above stated subject lands of the petitioner by obtaining necessary police protection from the res;pondents 7 and B. lA NO: 1 OF 2025 Petition under {jectron 151 CPC praying that in the circumr:;tances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent:; 2 to 6 to conduct the enjoyment survey/su b-division and fix the boundaries to the petitioners private agricultural land in an extent of Ac.1 .24 guntas of Sy.No371/B/361211 (3711B) situated at Devan.rpputa Village and Mandal, Jangaon District in pursuance of petitioners F-line application No. TTDER022401113848 dated 30/1 112024, by obtaining necessary irolice aid from the respondents 7 a.d B, pending disposal of the above writ petition in this Honourable Court. Counsel for the Petitioner: SRI VADLAKONDA RAV| KUMAR REDDy Counsel for the Respondent No.l to 6: ASST. GP FOR REVENUE Counsel for the Respondent No.7 & 8: ASST. Gp FOR HOME The Court made the following: ORDER & 5 HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.781 of 2()25 ORDER: This writ petition is Iiled declaring the action of the respondents in not conducting the survey/ sub-division and not hxing the boundaries to the petitioner's agricultural land to an extentof Ac. l.24gts., of Sy.No.371lBl36l2/l (37llBl, situatedat Devaruppula Village and Mandal, Jangaon District in pursuance of F-Line application TTDERO224OL1 13848, dated 30. 17.2024 lied by the petitioner and also representation dated 04.12-2024 as illegal and arbitrary and consequently prayed for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.l.24 gts', of Sy.No.371lB/36l2ll (37llBl, si[uated at Devaruppula Village and Mandal, Jangaon 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 e-pattadar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is further stated that due to abnormal increase of the land price some of the neighbouring land owners have started - -disturbing the -beundaries of the subject land and as such, the ') CVBR, J Wlr 781,2025 petitioner had submitted F -Line application vide No.TTDER0224,11113848, dated 30.I1.2024, to rt:spondent authorities, bl paying requisite lee to conduct survey of tlLe subject land and fix [he boundaries. The grievance of the petition er is that even after receiving the said F-Line application, the rc:spondent authorities are not conducting survey and fixaliorr of the boundaries.

3. Considered the submissions of the learned couns::l for the respective parties and with their consent this u'rit p,rtition is disposed of at the admission stage.

4. Lrarned <;ounsel for the petitioner has submitte<r. that in terms of the circular issued by the Commissioner, Survey, Settlements anrl Land Records, the respondents are lround to consider the altplication within 45 days lrom the dale of the application after collecting necessary charges

5. Learned Assistant Governmcnt Pleader for Revenue appearing respondent for |espondent Nos. 1 to .6 has submitted that the authorities will consider the aforesaid F-Line application submitted by the petitioner by following due p rocedure laid down undr:r law and conduct survey and demar cate the subject land b1 Iixing boundaries. J CVBR, J wp-78t_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, L923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specihc 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 Surwey and Boundaries Act, 1923, issued relevant circulars from time to Rc. No.N 1 / 6543 /99, dated 25.O7 .2Oo r, Rc. No. N 1 / \4O8 / 07, dated 13.O7.2OO7, and Rc.No.N2/ 174l /2OlO, dated 18.05.2010 time vide 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 for the respondents to conduct survey within the time specified in the said circulars. t , \ \ 7 In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent 4 CVI]R, J \vp.78l_2025 authorities 1.o examine the petitioner,s F.-Lir-re applit.ation uid.e No.TTD8R022101113848, dated 30.11.2024 subr.rir[ed for conducting survey and demarcation by fixing boundan stones to the petitioner's land to an extent of Ac.l.24 gts., of Sy.No.371/B/:\6/2I1 (321/B), situated at Devarupplrta ,,/illsgs .16 Mandal, Jangaon District and if the petitioner lulfi [s all the conditions mentioned in the circulars issued by the commissioner, Survey, Settlernents and Land Records from time to 1ime, after issuing notices to all the persons interested and adjacent pattadars and after consicering their objections, respondent author-ities shall conduct surv<:y of the aforesaid land, within a period or- eight (g) weeks from the date of receipt of a copy of this order.

8. With the rlbove observations, this Writ petition is di:;posed of There shall be r o order as to costs. As a seqrrel, the miscellaneous petitions pending. if any, shall stand clos,:cl. //TRUE COPY// SD/.A.V.S ASStsditlr RE It \ .gebrroru .PRASAD GISTRAR OFFICER To,

1. The Principal Secretary, Department of Revenue, The State of Telangana, Telangana Secrr:tariat at Hyderabad. 2. The District Collector, Jangaon District. Co.>td.- ,/,

3. The Tahsildar, Devaruppula firlandal, Jangaon District. 4. The Mandal Surveyor, O/o.Tahsildar, Devaruppula Manda[, Jangaon District. 5. The Assistant Director, Survey and Land Records Survey Department, Jangaon District.

6. The Deputy lnspector of Surveyor, Survey and Land Records Survey ' Department, Jangaon District.

7. The Deputy Commissioner of Police, Jangaon, Jangaon District. B. The Station House Officer, Devaruppala Po ce Station, Devaruppala, Jangaon District.

9. One CC to SRI VADLAKONDA RAVI KUIVAR REDDY, Advocate [OPUC] 10.Two CCs to GP FOR REVENUE, High Court for the State of Telangana. 'I 1. Two CCs to GP FOR HOIVE, High Court for the State of Telangana. [OUT] 12.Two CD Copies BN GJP s tr' t I G 1 .tf' STAIC ( c o 30, ' , ot: .iF1. ?.u5 C) I HIGH COURT DATED:0810112025 ORDER WP.No.781 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS W