1 Bachu Sai _Veerendher v. 1. The State of Telanoana

Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particularly one in nature of writ of Mandamus, to declare the action of the Respondents 2 to 6 in not considering the representations dt. 17t0812020, 1st1212021 , o4112t2021 and 21112t2022 in conducting Re-survey in respect of sy.No. 154 and 357 of an extent of Ac.1.00 gts situated at shankarampet (R)Village and Mandal, Medak District as illegal, arbitrary and violative of Article 14,16,21 of the constitution of lndia and consequently direct the respondents 2 to 6 to survey and demarcate the land and ..,1, i' : fixtheboundariestnrespectofthelandofanextentAc.l'00gtsinSy'No.,154 situated at Shankarampet (R) Village and Mandal' Medak District' IA NO:1OF 2O23 PetitionunderSectionl5lCPcprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition' the High Court may be pleased to direct Respondents 1l to 4 to Re-survey the Land of an extent of Ac 1 00 gts in -- uated at Shankarampet (R) Village and llandal' Medak Sy No,'1 54/A, E and t--t srt District by removinq the illegal encroachments if any and fix the boundaries by locating the land of the petitioners of an extent of Ac'1 00 gts in Siy'No 154/A' E and EE situated at {ihankarampet (R) Village and Mandal' Medak District' Counsel for the Pettitioner : SRI SHASHANK GARIGE Counsel for the Respondents: ASST' GP FOR REVENUE The Court made th,e following: ORDER f- L'.t I ORDER: HOIT'BLE SRI JUSTICE C.V.BTIASKAR REDDY WRIT ON No.1 836 ot 20.23 This writ petition is filed seeking to declare the action of respondent Nos.2 to 6 in not considering the F_line application vide No.DER02220O81O762 dated. 06.02.2022 and. nor initiating to conduct the survey and sub_division in respect of the petitioners, land admeasuring Ac.l.00 in Survey No. 154 of Shalkarampet (R) Village and Mandal, Medak District, and consequently prayed for other appropriate reliefs.

2. It is stated that the petitioners are the pattadars and possessors of agricultural land to an extent of Ac.I.OO guntas in Survey No. 154 of Shaakarampet (R) Village arrd Manda1, Medak District, having inherited the same from their father. It is further stated that after the death of their father, their names were mutated in aII the revenue records as pattadars, but the revenue authorities issued digital pattadar passbook dated 22.17.20I9 in their favour by erroneously showing that they are in possession and enjoyment of the land admeasuring Ac.O.19 gutnas in Survey No.154, instead ofAc. l.OO gutas. It is further stated that in order to protect their land from encroachments, the petilioners submitted several representations seeking to conduct survey arrd ) 2 CVBR, J wP 1835 2023 demarcation of Lhe lard, but when no action has been taken thereon, they wr:re constrained to submit F-Line application vide No.DERO222OO8IO962 dated 06.07.2022 to authorities, by pa','ing requisite fee to conduct survey of the subject respc'ndent land and hx the boundaries. The grievance of the petition'ers is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and fixation of the boundaries.

3. Considererl the submissions of the learned counsel forthe respective parti,:s and with their consent this writ petition is disposed of at lhe admission stage. Learned counsel for the petitioners has submitted that in 4. terms of the c rcular issued by the Commissioner, Survey, Settlements anrl Land Records, the respondents are bound to consider the application within 45 days from the date of the application aJter <:ollecting necessary charges'

5. karned l\ssistant Government Pleader for Revenue appearing for tlre rcspondents has submitted that the respondent authorities will ,:onsider the aforesaid F-Line application submitted by the petitioners by following due procedure laid down uncler law //: 3 CVBR, J wP 1836 2023 and conduct survey and demarcate the subject land by frxing boundaries.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate larrds in accordalce with the provisions of the Telalgana Lald Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasti), the Telangana Survey and Boundaries Act, 1923, arrd the Rules framed thereunder- The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) su5veys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulfrlled, 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, dated 2S.OZ.2OOt, Rc.No.N 1 / 1 40 8 / OZ, d,ated, 13.07.2OO7, and Rc.No.N2l174 t/2OtO, dated 18.O5.2O10 stipulating the conditions for conducting survey of private lands and as per ttre said circulars, if the petitioner fulfils all the conditions of the said. circular, it is arr obligation for the respondents to conduct survey within the time specified in the said circulars. , t 4 CVBR, J wP 1836 2023 7 . In vierv of the aforesaid discussion, this Court d eems it appropriate to dispose of this writ petition directing the respondent authorities to exan:ire the petitioners' F-Line application uide No.DERO2220()8 1Ogf 2 dated 06.O7 .2O22 submitted for conciucting survey and Cernar:z:tion by fi-xing boundary stones to the petitioners lar:.d tc ax extent of Ac1.O0 guntas in Survey No' 154, situated at Shanka,rarnpet (^') Village and Mandal, Medak District, and if thc petiti.re:'r fulhl all the conditions mentionecl in the circulars issu,:<l by the Commissioner, Survey, Settlernents and Land Records l'rom iirne to time, after issuing notices to all the persons interested and acljacent pattadars and after con sidering their objections respondeut authorities shall conduct surv':y of the aforesaid la-nd, within . p..loa of eight (8) weeks frorn the date of receipt of a copv ol this order.

8. With tht: rrbove observations, this Writ Petition is disposed of' There shal1 be no order as to costs As a sequel, the miscellaneous petitions pending, if any, sha-ll stand clc,sed SD/-T. TIRUMALA DEVI GISTRAR A98 //TRUE COPY// OFFICER To, 1 The Principal Secretary, Revenue Department, Secretariat Building' State of Telangana. l-lvderabad.

2. The District (lollector, Medak District. 3. The Revenu,: Divisional Officer, Medak District' 4. The Mandal Revenue officer/ Tahasildhar, shankarampet (R) Village and Mandal, Meclak District. {-

5. The Asst. Director, Survey and Land Records Medak District. 6

3.anc.ngV.a-t Qegrglary, Gram Panchayat Office, Shankarampet {R}Viilage .The and Mandal, A/edak District.

7. One CC to SRI SHASHANK GARtcE, Advocate. IOPUCI B. Two CCs to GP FOR REVENUE, High Court for the State of Telang4na tQUT]

9. Two CD Copies. BSK 6BS I HIGH COURT DATED:1 010312025 \ t ORDER WP.No.1836 of 2023 t I .... i1 14 ,4 $ ... 2I Ftjiij ill25 .i * rril.l DISPOSING OF THE WRIT PETITION WITHOUT COSTS @w't b-''rA"V