✦ High Court of India · 09 Jan 2025

The 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
1,396 words

Judgment

5. o The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad. The District Collector, Ranga Reddy District, T.S. The Revenue Divisional Officer, lbrahimpatnam Revenue Division, Ranga Reddy District, T.S. The Tahsildar, Abdullapurmet Mandal Ranga Reddy District, T.S. The Asst. Director, Survey and Land Records, Ranga Reddy District, T.S. The Mandal Surveyor, Abdullapurmet Mandal, Ranga Reddy District, T.S. ...RESPONDENTS Petition under Article 226 ot 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 inaction of the Respondents in conducting survey and fixing the boundaries to the petitioners Agricultural lands situated in Sy.No.376t27lAA of Batasingaram village, Abdullapurmet Mandal, Ranga Reddy District by considering the petitioners' F-Line Applications dated 29-05-2024 bearing Application Nos.DER0224O1O57127 , DER022401057090, DERO224Ol057O74, OERO22401057050 and DER022401057108 as illegal, arbitrary, contrary to the provisions of survey and boundaries Act and rules made thereunder and as well as violation fundamental rights guaranteed under the constitution of lndia and consequently direct the respondents to dispose of the F- Line Applications dated 29-05-2024 bearing Application Nos.DER0224O',1057127, DERO224O1057O9O, DER022401057074, DER022401057050 and DERO224O1O5710B by conducting survey and fixing the boundaries of the petitioners Agricultural lands situated in Sy.No.376/27lAA of Batasingaram village, Abdullapurmet Mandal, Ranga Reddy 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 respondents to dispose of the F-Line Applications daled 29-05-2024 bearing Application Nos.DER0224O1O57127, DER022401057090, DER0224Ol 05707 4. OERO22401 057050 and DER022401 057'l 08 by conducting survey and fixing the boundaries of the petitioners Agricultural lands situated in Sy.No.376/27lAA of Batasingaram village, Abdullapurmet Mandal, Ranga Reddy District, pending disposal of the above Wdt Petition.

Counsel for the Petitioner : SRI PRAVEEN BONKURI Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER I I r' t HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.872 of 2o25 ORDER: This writ petition is filed declaring the action of the respondents in not conducting survey and fixing the boundaries to the petitioners' agricultural lands lorming part of Sy.No.376 /27 /AA, situated at Batasingaram Village, Abdullapurmet Mandal, Ranga Reddy District by considering the petitioners' F-Line applications bearing Nos.DER0224OIO57l27, DER02240 1057 O9O, D8R02240 1O57 07 4, DERO2240 1057050 and DER022401057108, dated 29.O5.2O24, as illegal and arbitrary and consequently prayed for other appropriate reliefs.

2. It is stated that the petitioners are the pattadars and possessors of various extents of agricultural lands forming part of Sy.No.376l27 /AA/2, situated at Batasingaram Village, Abdullapurmet Mandal, Ranga Reddy 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 passbooks as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that due to the hike in land prices, some third parties who are not having any connection with the petitioners' lands started 2 CVBR, J wp_872_2025 interfering with the peaceful possession and enjoyment of the petitioners and as such, the petitioners submitted F-Line applications bearing Nos.DERO224OlO57l27, DER02240 1O57 O9O, DER02240 1O5707 4, D8R02240 1O5705O and DERO224O1O571O8, dated 29.O5.2O24 to the respondent authorities, by paying requisite fee to conduct survey of the subject lands and fix the boundaries. The grievance of the petitioners is that even after receiving the said F-Line applications, the respondent authorities are not conducting survey and hxation of the boundaries.

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

4. Learned counsel for the petitioners has submitted that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the applications within 45 days from the date of the application after collecting necessary charges.

5. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line applications J CVBR, J wp_872 2025 submitted by the petitioners by following due procedure laid down under law and conduct survey and demarcate the subject lands by fixing boundaries.

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 specilic 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 from time to time vide Rc.No.N I /6543 / 99, d,ated 25.07 .2OO I, Rc.No. N I / | 4O8 I 07, dated 13.O7.2OO7, and Rc.No.N2l1741/2O1O, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioners fulfils all the conditions of t{re said circular, it is an obligation for the 4 CVBR. J Wp-872_.2025 respondents to conduct survey within the time specihed in the said circulars.

7. [n view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities to examine the petitioners' F-Line applications bearing Nos.DERo224o to57 127, DERO2240 1O57O9O, DERO2240 1057074, DERO224O1O5705O and D8R0224O1057108, dated 29.O5.2O24 submitted for conducting survey and demarcation by fixing boundary stones to the various extents of lands of the petitioners, forming part of Sy.No.376/27 /A /2, situated at Batasingaram Village, Abdullapurmet Mandal, Ranga Reddy District and if the petitioners 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 authorities shail conduct survey of the aforesaid lands, 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. l CVBR, J wp 872 2025 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-A.V.S. PRASAD ASSISTANT REGISTRAR G SECTION OFFICER Telangana, HYderabacl' 1 . The Principal Secretary, Revenue Department' Secretariat Building' State of 2. The District Collector, Ranga Reddy District' T'S' 3. The Revenue Divisional officer, lbrahimpatnam Revenue Division' Ranga ReddY District, T.S' \ To,

4.TheTahsildar,AbdullapurmetMandalRangaReddyDistrict,T-S. 5. The Asst. Director, Survey and Land Records' Ranga Reddy District, T.S. 6. The Mandal Surveyor, Abdullapurmet Mandal' Ranga Reddy District' T S' 7. One CC to SRI PRAVEEN BONKURI' Advocate' [OPUC] B. Two CCs to GP FOR REVENUE' High Court for the State of Telangana' IOUI

9. Two CD CoPies. BSK BS \Y t I HIGH COURT DATED:0910112025 ORDER WP.No.872 of 2025 1t E SIa /e ( C o 2 I JAII 2025 o i o t .S cTA * (; o DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ w, 6'1.<

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