High Court · 2025
Case Details
Acts & Sections
Petition Under Articre 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 an appropriate writ, order cc Direction, more particurarry one in the nature of writ of Mandamus, to declare the inaction of the respondent No.4 and 5 in concluding survey, demarcation and .Jixing the boundary.itohes in.-r respect of sy.No. 50/A to an extent of Ac. 1.1000 gts, and Sy.No. silD2 to an extent of Ac. 0.1000 total extent of Ac. 1.2000 gts, Situated at Govindapur Village, Kumurambheem Asifabad lvlandal, Kumurambheem Asifabad District, inspite of receipt of the requisite amount of Rs. 720l- dated 2stost2023 and o2l1o/2022 _ 7 through F-Line and even after completion of the specified time of 45 days as being illegal, arbitrary and unjust and consequently, direct the respondent authorities to conduct the survey by issuing the notices to the concerned persons. |.A.NO:1 OF 2025 Petition Under section 'r51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to pass orders directing the respondent No.4 and 5 in conducting survey, demarcation and fixing the boundary stones in respect of the rand in sy.No. 50/A to an extent of Ac '1 -1000 gts, and Sy.No.51/D2 to an extent ofAc.0.1000 totar exrentofAc. 1.2000 gts' situated at Govindapur Viilage, Kumurambheem Asifabad Mandar, Kumurambheem Asifabad District, inspite of receipt of the requisite amount of Rs. 7201- dated 2sr0sr2o23 and 0211012022 through F-Line, pending disposar of the main writ petition, in the interest of justice. Counsel for the Petitioner : SRI GAJANAND CHAKRAVARTHT Counsel for the Respondents : AGp FOR REVENUE The Court made the following ORDER =--7 HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IVRIT PETITION No.859 of 2025 ORDER: This writ petition is f-rled declaring the action of the respondents in not considering the F-Line application, dated O2.1O.2O22 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac. 1.10 guntas in Sy.No.50/A and Ac.O. lO guntas, situated at Govindapur Village, Kumurambheem Asifabad Mandal, Kumurambheem Asifabad District, as illegal and arbitrary and 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. 1 . 10 guntas in Sy.No.SO/A and Ac.O.10 guntas, situated at Govindapur Village, Kumurambheem Asifabad Mandal, Kumurambheem Asifabad 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 pass book bearing No.T16O 10100165 uide Khata No.60098 under 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 boundaries ofthe subject land and as such, the petitioner had -/ I CVI}R. J Wp 859 o12025 submitted F-Line application, dated O2.1O.2O22 to respondent Nos.4 and 5, by paying requisite fee to conduct survey of the subject land and fix the boundaries. The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and fixation of the boundaries.
3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader lor Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage
4. Learned counsel for the petitioner has submitted that in 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 application after collecting necessary charges.
5. lrarned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries. t \ J -7 -) CVBR, J Wp 859 o12025
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 [or conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specilic documents, and if the conditions stipulated in the circulars are fulfrlled, the survey and boundary firxation 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.Nl/6543/99, dated 25.O7.2OO1, Rc.No.Nl/ l4OBl 07, dated, 13.O7.2OO7, and Rc.No.N2/ 174l l2OlO, dated 18.05.201O stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulhls 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. I I 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents ( I I 4 CVBR, J Wp 859 of 2025 Nos.4 and 5 to examine the petitioner's F-Line application ,ide No.DER022200749714, dated O2.1O.2022 submitted for conducting survey and demarcation by lixing boundary stones to the petitioner's land to an extent of Ac. 1.lO guntas in Sy.No.SO/A and Ac.0. 10 guntas, situated at Govindapur Village, Kumurambheem Asifabad Mandal, Kumurambheem Asifabad District and if the petitioner fulfils 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 Nos.4 and 5 shall conduct survey of the aforesaid land, 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 disposcd of. There shall be no order as to costs
9. As a sequel, the miscellaneous petitions pending, il any, shall stand closed //TRUE COPY// SD/-A.V.S.PRASAD 'r NT REGISTRAR ASSI ECTION OFFICER Hyderabad.
1. The Principal Secretary, Revenue Department Secretariat, State of Telangana at 2. The District Collector. Kumurambheem Asifabad District. 3. The Revenue Divisronal Officer, Kumurambheem Asifabad District. 4. The Tahsildar, Kumurambheem Asifabad Mandal, Kumurambheem Asifabad District 5. The Mandal Surveyor, Govindapur Village, Kumurambheem Asifabad Mandal, 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 7. One CC to SRI GAJANAND CHAKRAVARTHI, Advocate [OPUC] 8. Two CD Copies Kumurambheem Asifabad District. Hyderabad. [OUT] SA GJP To \ ( t,'1 o O 0 5 FrI 2025 z t * c HIGH COURT DATED:0910112025 ORDER WP.No.859 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \ K(