Mohammed Aleem v. 1. The Principal Secretary

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 pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent authorities in not considering the Petitioner's Appeals on Demarcation Application no. A0D022400068030, dated. 2311212024 and representations, dated. 23.12.2024 for conduct the sub divisional survey and demarcation of the land by fixing boundary stones of the agricultural land in Sy.no.10/A/6EE/A, to an extent of Ac.0-04 Guntas, situated at Khanapur Village, Gandipet Mandal, Ranga Reddy District contrary to the provisions of the Andhra Pradesh i Telangana Survey Boundaries Act 1923, unconstitutional and consequently direct the Respondent nos.2 to 7 forthwith conduct the sub divisional survey and demarcation of the land by fixing boundary stones of the above said land. lA NO: 1 oF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, irre Higr, court may ue preas"J to direct the Respondent authorities to conduct the sub-divisionar Survey ind demarcation of the rand by fixing .boundary stones as per the petitioner,s Demarcation Apprication no. nooozz+ooo-oaoao, dated 23.12.2024 and representations, dated 21 .12.2024 & 23.12.2024 in respect of the agricultural land in sy.no.10lArlEErA, to an extent of Ac.0-04 Guntas, situated ,iiir,rnrp* village, Gandipet Mandar, Ranga Reddy District, pending disposar or tlre main writ petition. Counsel for the Petitioner: SRI D. BHASKAR YADAV Gounsel for the Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER n u HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1421 of 2o.25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the petitioner's appeals on demarcation uide No.AOD0224OOO6AO3O, dated 23.72.2024 and representation dated 23.12.2024 to conduct sub-divisional survey and demarcation by fixing the boundary stones to the land to an extent of Ac.O.O4 gts., in Sy.No.lO/A /6EElA, situated at Khanapur Village, Gandipet Mandal, Ranga Reddy District, as illegal and arbitrary ald consequently prayed for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of land to an extent of Ac.0.04 gts., in Sy.No. 1O/A/6EE/A, situared at Khanapur Village, Gandipet Mandal, Ranga Reddy District, having purchased under a registered sale deed bearing document No.96 of 2024, dated 28.O3.2024.It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities have also issued e-pattadar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O uide passbook No.TO5O7002O544. Tt,e case of the petitioner is that he had filed F-line application seeking to conduct survey ofthe subject land by I t z C]VBR, J Wp_1421 2025 hxing the boundaries. Acting upon the same, the Mandal Survey of Gandipet Mandal has conducted survey and issued a report uide No.El1433l2O24, dated 19.72.2024, wherein it is stated that as per the Circular No.Nl1429612012, issued by the Commissioner, Survey Settlement and Land Records, dated 22.08.2012, the petitioner is not in physical possession of the subject land and also sold the part of the land to the third parties and that the Mandal Surveyor is not competent to survey the part of the survey number, when there is dispute over the internal boundaries of the 1and. Thereafter, the petitioner had filed appeals on demarcation uide No.AODO22400O6aO30, dated 23.12.2024 seeking to conduct sub-divisional survey and demarcation of the subject land by fixing boundary stones. The grievance of the petitioner is that even after receiving the said application, the respondent authorities have not initiated any action so far. Hence the present writ petition.

3. Considered the submissions of the learned counsel for the respective parties ald 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 a 3 CVBR, J Wp l42l 2025 consider the application within 45 days from the date of the application after collecting necessary charges.

5. Learned Assistant Government Pleader for Revenue appearing for respondents has submitted that the respondent authorities will consider the aforesaid application submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land 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 specifoing the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specific 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 1 /6543 / 99, dated 25.07.2OO1, Rc.No.N I / l4O8 / 07, dated 4 CVBR, J Wp_1421 2025

13.07.2OO7, and Rc.No.N2/1741/2O1O, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fullils 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.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities to examine the petitioner's application for appeals on demarcation uide No.AODO224O0O68030, dated 23.12.2024 submitted by the petitioner for conducting survey and demarcation by Iixing boundary stones to the iand to an extent of Ac.0.O4 gts., in Sy.No. 1O/A/6EE|A, situated at Khanapur Village, Gandipet Mandal, Ranga Reddy 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 authorities 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. a. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 5 CVBR, J Wp 1421 2025 As a sequel, the miscelianeous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-P,PADMANABHA REDDY ASSISTANT EGIST SEC N OFFICER To, \

1. The Principal Secretary, Revenue Department, Secretariat, Dr. B.R.Ambedkar Bhavan, Hyderabad

2. The District Collector, Ranga Reddy District, at Kongarakalan, 3. The Revenue Divisional Officer, Rajendranagar Division, Rajendranagar, Ranga Reddy District.

4. The Asst. Director of Survey of lands Records, Rajendranagar Division, Rajendranagar, Ranga Reddy District.

5. The Deputy lnspector of Survey and Land Records, Rajendranagar Division, Rajendranagar, Ranga Reddy District.

6. The Tahsildhar, Gandipet Mandal, Gandipet, Ranga Reddy District. 7. The Mandal Surveyor, Gandipet Mandal, Gandipet, Ranga Reddy District. 8. One CC to SRI D. BHASKAR YADAV, Advocate IOPUCI 9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. tour-l '10.Two CD Copies BNLSx :D HIGH COURT DATED:2010112025 I ORDER WP.No.1421 o12025 'elii lHE S t4 ( g 04Ffi irril I s Pa, nqi''i DISPOSING OF THE WRIT PETITION WITHOUT COSTS crof'4W