The High Court · 2025

Judgment

1. 2 3 4 i ..,RESPONDENTS o Pet,tion under Article 226 f the Constitution of lndia praying that in the crrcumstances stated in the affid avit filed therewith, the i igh Court may be pleased to issue an a ppropriate writ, order or direction more particularly one in the nature of Writ of Mandamus d eclaring the action o f the Res rn non -considering the Application for Appeals on Demarcation through vide pondent Nos.3 & 4 No.AO D022400066782, dated. 3 0110/2024 and non_conducti ng the survey and demarcation on the a griculture Ia nd of the petitioner to an extent of land Ac.0.0I in Survey No. 11/2A/1 and an extent of Iand Ac.o.12 cts, Gts, in Survey No-1 3t2N1 totaling an extent of land Ac.O.21 Gts, which is situateda Jamisthanpur Village, Mahabubna gar Rural Mandal, Mahabubnagar non-ini tiating to fix the boundari es to the petitioner Iand is'-illega unconstitution al and violation of Articles 14, 15, 21 and 300-A of Constiiution of lndia and also violation of princi ples of Natural Justice and consequenfl y direct the Respond ent Nos.3 and 4 to consider the Online Application for Appeals on Demarcation through vide No.A oD022400066782, d ated. 30/1Ot2024 and to conduct the s urvey and demarcation and fix the bounda ries to the agriculture land ner to an extent of Ac.0.21 Gts, in Survey Nos.11l2At1 and 1312N1 , District and ry, of the Petitio .FFu. which is situated at Mahabubnagar District lA NO: 1 OF 2025 Jamisthanpur Village, Mahabubnagar Rural MandaL 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 Respondent Nos. 3 and 4 to consider the Online Application for Appeals on Demarcation through vide No.AOD0224OOO66782, daled. 3011012024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the.Petitioner to an extent of Ac.0.09 Gts, in Survey No.11l2Al1 and an extent of land Ac.0.12 Gts, in Survey No.13/2Al1 , totaling an extent of land Ac.0.21 Gts, which is situated at Jamisthanpur Village, Mahabubnagar Rural Mandal, Mahabubnagar District.

Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER '7 HON'BLE SRI JUSTICE C.V.BHASKIIR REDDY I[IRIT PETITION No.1O78 of2025 ORDER: .This writ petition is ltled declaring the action of respondent Nos.3 and 4 in not considering the application for appeals on demarcation, dated 30. IO.2024 submitted by the petitioner seeking for conducting survey and demarcation of the lands to an extent of Ac.O.09 guntas in Sy.No.1 | l2All and Ac'O'12 guntas in Sy.No.13/2A/ 1 situated at Jamisthanpur Village, Mahabubnagar Rural Mandal, Mahabubnagar District and non-initiating to fix the boundaries to the petitioner's land, as illegal, arbitrary and violative of the Articles 14, 15, 2l and 3OO-A of the Constitution of India and for other appropriate reliefs. It is stated that the petitioner is the pattadar and possessor 2. of the lands to an extent of Ac.O.09 guntas'in Sy No l I l2Al I and Ac.O.12 guntas in Sy.No.13/2A/ 1 situated at Jamisthanpur Village, Mahabubnagar Rural Mandal, Mahabubnagar District lt 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 TO 1 17012OO83 uide Khata No.112 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is the further case of the 2 CVBR. J Wp -1078 2025 petitioner that due to abnormal increase of the land price some of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, tl-re petitioner had submittecl :rpplication for appeals on demarcatiol-t, dated

30.1O.2024 to conduct the survey and demarcation of the subject Iand and fix Lhe boundaries. The grievance of the petitioner is that even after recerving the said application, the respondent authorities are not conducting survey and h-xation of the boundaries.

3. Considered lhe submissions of the Iearned couns,3l for the petitioner, learned Assistant Government Pleader for 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 dale of the application aftt:r collecting necessary charges.

5. Learnecl Assistanl Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities rv jll consider the aforesaid application submitted by the petitioner by follon-ing due procedure laid down under law and J CVBR. J wp 1078_2025 conduct survey and demarcate the subject land by fixing boundaries.

6. It is settled [au, that the Survey Department has the authoril_v to conduct survey and demarcate lands in accordance ',vith the provisions of the Telangana Land Revenue Act, 13 17 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries AcL, 1923, 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 fuliilied, the survey and boundary fixation may be conducted. The Commissioner, Survev, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time vide Rc.No.Nl/6543 /99, dated 25.07.2OO7, Rc.No.N1/14O8/O7, dated

13.07.2OO7, and Rc.No.N2l l74Il2O1O, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils al1 the conditions of the said circular, it is an obligation for the respondents to conduct survey wtthin the time specihed in the said circulars. I I CVBR. J \\ p l075_2025 \

7. In vieu' oI the aforesaid discussion, thLS Court deems it appropriate tc, clispose o[ this r'vrit petition directing respondents Nos.3 and 4 to examine the petitioner's application for appeals on demarcation uide No.AODO22400066782, dared 30.1O.2024 submitted ior conducting survey and demarcation b5' fixing boundary stotles to the petitioner's land to an extent o[ Ac 0'O9 guntas in Sy No. 1l l2hl1 and Ac.O. 12 guntas in Sy No 13/2Al 1 situated at Jamisthanpur Village, Mahabubnagar Rural Mandal' Mahabubnaga.r District and if the petitioner lulfils all the conditions mentioned in the circulars issued by the Commissioner' Survey, Settlements and Land Records from timc to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondr:nt Nos 3 and 4 sha11 conduct sur\rey of the aforesaid land, rvithin a period ol eight (8) weeks irom the date of receipt of a copy of this order'

8. With the above observations, this Writ Perition is disposed of' There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand clnsed - //TRUE COPY// SD/. K.SREERA ASShSTANT i\ \,*.. \ISECTI MA MURTHY REGISTRAR ON OFFICER To, \ District. Secretariai Building, S6cretariat Hyderabad.

1. The Principal Secretary, Revenue.Department, The State of Telangana' z ine Oistrict Collec[or, Mahabubnaiar, Mahabubnagar District 5. tne Rssistant Director of Survey and Land, Mahabubnagar, Mahabubnagar +. ine finsifOar, I/ahabubnagar Rural Mandal, lVahabubnagar District' S. One CC to SRI RAPOLU BHASKAR, Advocate [OPU-C] O. i*o CCs to GP FOR REVENUE, High Court for the State of Telangana' 7. Two CD CoPies BN GJP s HIGH COURT DATED:1010112025 ORDER WP.No.1078 of 2025 ( e t (_, 0 j tr:B 2[Il t D€s IArc$r.o z c.l r\ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS a a, e)c!P L -