1. Vemula Yadagiri Rao v. The State of Telangana
Case Details
Petition under Article 226 o'f 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 direction more particularly one in nature of Writ of Arlandamus declaring the action of the respondent No's 4 and 5 in non considering Fline applications vide No DER0224O1100959 dated. 09.10.2024 of petitioner no.1 and vide No. DER02240 l100962 dated.09.10.2024 of petitioner no.2 and non initiating to conduct survey and demarcation of the land of the petitioner no.1 to an extent of Ac. '1-39 guntas in Sy No. 122l1/A and land of the petitioner no.2 to an extent of Ac. 6-07 guntas in Sy No. 38/1 which are situated at Thippareddypally Village, Vangoor Mandal, Nagarkurnool District is illegal, arbitrary and violative of Articles 14, 15,21 and 300 of Constitution of lndia and also violative of natural justice and consequently to direct the respondent No's 4 and 5 to consider Fline applications of the petitioners and to conduct survey and demarcation of the land of petitioner no.1 to an extent of Ac. 1-39 guntas in Sy No. 12211/A and land of the petitioner no.2 to an extent of Ac. 6-07 guntas in Sy No. 38/1 which are situated at Thippareddypally t7;11rn", Vangoor I\,4andal, Nagarkurnool and do the needful justice to the Petitioner 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 respondent No'rs 4 and 5 to consider Fline applications of the petilioners and to conduct Survey ancl demarcation of the land of petitioner no.1 to an extent of Ac. 1-39 guntas.in Sy l:1o. 122l1lA and land of the petitioner no_2 to an extent of Ac. 6- 07 guntas in Sy No. 38/ 1 which are situated at Thippareddypally Village, Vangoor Mandal, Nagarkurrrool and do the needful justice to the petitioners forthwith, pending disposal of the above writ petition Counsel for the Petitioners: SRI. GURRAM VENKAT RAMANA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER , Li-A f HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1735 of 2O25 ORDER: . This writ petition is hled declaring the action of the respondents in not considering the F-Line applications, dated 09 .IO.2O25 submitted by the petitioners seeking for conducting survey and demarcation of the land of petitioner No.1 to an extent of Ac.01-39 guntas in survey No.122/l/A and land of petitioner No.2 to an extent of Ac.6-O7 guntas in survey No.SB/ 1, situated at Thippareddypally Village, Vangoor Mandal, Nagarkurnool District, as illegal, arbiLrary and violative of the Articles 14, 2l and 3OO-A of the Constitution of India and for other appropriate reliefs.
2. It is stated that petitioner No. I is the absolute owner and possessor of the agriculture land in Sy.No. 122/ 1/A admeasuring Ac.Oi-39 guntas, situated at Thippareddypally Village, having acquired the same by way of succession from his father and petitioner No.2 is the absolute owner and possessor of the agriculture land in survey No.38/ 1 admeasuring Ac.O6-07 guntas, situated at Thippareddypally Village, having acquired the same 1 from her husband i.e. petitioner No. t herein. It is further stated that the names of the petitioners were reflected in all the revenue \! records as pattadar and the revenue authorities also issued e- Z CVBR, J \x,p _1736 2025 pattadar pas,s books under the provisions of the Telangana Rights in Laird and Pattadar Passbooks Act, 2O2O. It is furtl-rer stated that the pctltioners with an intention to get their respective land surveyed and demarcated, they have submitted F-Line applications, dated 09.1O.2024 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 petitioners is that even after rr:ceiving the said F-Line applications, the r':spondent authorities are not conducting survey and fixation o[ the boundaries.
3. Consiciered 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 oi at the admission stage. 4 . Learned counsel for the petitioner has submitterd that in terms of tl-re circular issued by the Commissioncr', 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. ,/ 3 CVBR, J wp 1736 2025
5. Learned Assistant Government pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid p-Line application submitted by thg petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by hxing boundaries.
6. It is settled law that the Survey Department has the authoritlr to conduct surwey 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 specihc documents, and if the conditions stipulated in the circulars are fulfilled, the survey and boundary fixation may be condr-icted. 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 /654 3 / 99, dated 25.07 .2OO I, Rc.No.N 1 / I 4O8 I 07, dated, 13.07.2OO7, and Rc.No.N2/174 1/2OtO, dated 18.OS.2010 stipulating the conditions for conducting survey of private lands 4 CVBR, J wp 1736 2025 and as pe r Lhe said circulars, if the petitioner fulfi ls all the conditions of the said circular, it is an obligatior:L for the respondents to conduct survey within the time specified in the said circulars.
7. In vie.n of the aforesaid discussion, this Court deems it appropriate to dispose of this wrrt petition directing respondents Nos.4 and 5 to examine the petitioners' F-Line applica tions uide Nos.DER022401100959 and DERO224O1|OO962, dated
09.1O.2O24 respectively submitted for conducting suLrvey and demarcation by h-xing boundary stones to the land of petitioner No.1 to an cxtent of Ac.01-39 guntas in survey No.12211/A and land of petitioner No.2 to an extent of Ac.6-O7 guntas in survey No.38/ 1, situatcd at Thippareddypally Village, Vangoor Mandal, Nagarkurnool District and if the petitioners fulfils all the r:onditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, aftr:r issuing notices to all the persons interested and adjacent pattadars and after considerir-rg their objections, respondent Nos.4 an.d 5 sha1l conduct surrel' of the aforesaid 1and, 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. e.4, -I I :: 5 CVBR, J wp 1736 2025 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.V.KAV]THA ASSISTANT REGISTRAR ECTION OFFICER To,
1. ) J. 4 b.
7. KKS GJP The Principal Secretary to Revenue Department, TS Secretariate, Hyderabad The District Collector, Nagarkurnool District. The Revenue Divisional Officer, Kalwakurthy Division, Nagarkurnool District. The Tahsildar, Vangoor [t/andal, Nagarkurnool District. The lt/landal Surveyor, Vangoor [\,4anda!, Nagarkurnool District One CC to SRl. GURRAI\4 VENKAT RAIVANA Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. louTl Two CD Copies HIGH COURT D ATED:22101 12025 I -- -- .-_-: (l 1i rlArt 2025 > o ,+ /, I .:... ORDER WP.No.1736 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ h