✦ 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
1,298 words

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 an appropriate writ order or dlrection more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of lndia declaring the inaction of the Respondents in considering the F-Line application of the Petitioner vide No.DER022401069523. dated.2010612024 and Appeal No.A0D022400064371, dated. 1510712024 betore Respondents for conducting survey and demarcation of boundaries of Agricultural lands in Sy.No.lB4,185 extent Ac. 2-209ts., situated at Penchikal Pahad Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District as being null, void, discriminatory, arbitrary, illegal, contrary to law apart from being violative of Articles 14, 15, 16, 17,19 and 21 of the Constitution of lndia and consequently direct the Respondents to consider the F-Llne application vide No.DER022401069523, daled.2Ol06l2024 and A0D022400064371, dated. 1510712024 of the Petitioner for conducting survey and l demarcation of boundaries of Agricultural lands in Sy.No.184.18f' extent Ac. 2- 2ogts., situated at Penchikal Pahad Village, Bhuvanagiri l\rlarndal, Yadadri Bhuvanagiri District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in sr.rpport of the petition, the High Court may be pts25s6 to direct the Respondents lo consider the F-Line application vide DE Rt)2240'1069523' daled.2OtO6l2o24 and Appeal No.A0D022400064371, dated. 151(t7t2024 betore Respondents for conducting survey and demarcation of boundaries; of Agricultural lands in Sy.No.184 185 extent Ac. 2-209ts., situated at Penchikal Pahad Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District, pending disposrtl of the above writ petition. Counsel for the Petitioner: Smt. M.SARITHA Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER ,/ .., n u { HON'BLE SRI JUSTICE C.V.BTIASKAR REDDY WRIT PETITION No.907 of2025 ORDER: This writ petition is filed seeking to declare the inaction of the respondents in considering the F_Line application, dated 20.06.2024 and Appeals on Demarcation, dated IS.OT.2024 for conducting survey and demarcation of the boundaries of agricultural land to an extent of Acs.2.20 guntas, in Sy.Nos.lB4 and 185, situated at penchikal pahad Village, Bhuvahagiri Mandal, Yadadri-Bhuvanagiri District, as illegal and arbitrar5r and consequently prayed for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage. 3 It is stated that the petitioner is the owner and possessor of the agricultural land to an extent of Acs.2.2O guntas, Sy.Nos. 184 and 185, situated at penchikal pahad Village, Bhuvanagiri Mandal, Yadadri-Bhuvanagiri District. It is further stated that the name of the petitioner was entered in the revenue records and the revenue authorities also issued e_ 2 CVBR, J wp-907 2025 pattadar passbook arrd title deed as per the provisiorrs of the Telangana Rigbts in Land and Pattadar Passbooks Act,2O2O' It is further statrtrf that due to abnormal increase of the Lmd price some of the neighbouring land owners have started disturbing the boundari.es of the subject land and as such, the petitioner had submitterl F-Line application, dated 2O.O6.2024 and the same was rejected on the ground that Tippans of the r;aid land are not availaltle with the office of the Tahsildar at Ld hence survey cannol be conducted. Aggrieved by the said c'rder, the petitioner lrle,:l an Appeal uide No.AODO224OOO643i 1, dated 15.07.2024 before respondent No.3. The grievanc': of the petitioner is th at till date, the respondent authoritie{' are not conducting survey and fixing the boundaries. Hence, th: present writ petition.

4. Learned ,:ounsel for the petitioner has submitterl that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are llound to consider the application within 45 days from the da te of the application afl er collecting necessary charges'

5. Learne,l Assistant Government Pleader for Revenue appearing for the respondents has submitted r hat the J CVBR, J Wp_907 2025 respondent authorities will consider the aforesaid F Line application and appeal submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by hxing boundaries' It is settled 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 13 17 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 fulfrlled, the survey and boundary hxation may be conducted' The Commissioner' Survey' SettlementsandLandRecords,exercisingpowersunderthe Telangana Survey and Boundaries Act, 1923' issued relevant circularsfromtimetotimevideRc'No'Nll65a3l99'dated 25.O7.2OO1, Rc'No.N1/1408107, dated 13'O7'2OO7' and Rc.No.N2/ 174ll2OlO, dated 18'O5'2O10 stipulating the conditions for conducting survey of private lands and as per the r 4 I CVBR, J wy _9O7 2025 said circulars if the petitioner fulftls all the conditions of the said circular, it is an obligation for the respondents tc'conduct survey nrithin the time specihed in the said circulars. Z. In rrie\^' cf the aforesaid discussion, this Court deems it appropriate to ,lispose of this writ petition directing re';pondent No.4 to consicler the Appeal uide No.AOD0224OOO643'| I, dated IS.OZ .2024 liled by the petitioner for conducting surve-y and demarcation b1 fixing boundary stones to the subjecl land in accordance u.irir iaw, within a period of eight (B) weeks from the date of receipt of a copy of this order after issuing notir--e to the petitioner and .all the interested/ affected persons. It is made clear that if t1:re petitioner has paid necessary charges for preparation c,f sub-division records and incidental expenditure for hxation of kaddies for the boundaries localized in tht: surwey, the respondent authorities are directed to consider t-he said application for even preparation for sub-division recrrds, in accordance u'it.h law. The entire exercise shall be ccmpleted within a period ,rf three (O3) months from the date of receipt of a copy of this ord er. With thr: above observations, this Writ Petition is rlisposed There shall be no order as to costs. -7 5 CVBR, J wp 9O7 202s As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR ECTION OFFICER ment, Secretariat, Hyderabad, State of 1 . Principal Secretary, Revenue Depart 2. 3. Telanqana. Djskict Collector, yadadri Bhuvanagiri District. I he Assistant Director of Survey of Yadadri Bhuvanaoiri District. The Tahasildar, Bhuvanagiri Mandal,- yadadri Bhuvanagiri District. The Mandat Survevor. snlvanigiiil;a"drt, V;;;ifi'uvanagiri District. 9n" 99 to Smt. M:SARr+n, Advocaieioiuej"'" "" Two CCs to Gp FOR REVENUE, n,gtitor.t f"i the State of Tetangana, at Hyderabad. [OUTI Two CD Copies Records, Bhuvanagiri Mandal, -Land To

4. 5. 6. 7.

8. PSK. GJP Y*, HIGH COURT DATED:0910112025 ORDER WP.No.907 of 2025 -rH E !itTA fa o J 1 1 Ai,fl 2025 7 .t4 t t of s r,/ 1a DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 e-K'-

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