✦ High Court of India · 23 Jan 2025

High Court · 2025

Case Details High Court of India · 23 Jan 2025
Court
High Court of India
Decided
23 Jan 2025
Bench
Not available
Length
1,301 words

Petition Under A(icle 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 a writ, order or Direction, more so, a writ in the nature of Mandamus, by declaring the inaction of the respondents 3 and 4, in not conducting the survey, measurements and demarcation and fixing the boundaries as per F-tine application through online, vide mee_seva receipt Nos.TTDER022401095834 and TTDER0224O,|O}SB4O, dt.1g-Og-2024, for the land admeasuring Ac.0.10 guntas in Sy.No.123lE113, Ac.0.09 guntas in Sy.No.124lE113, Ac.1.'10 guntas in Sy.No.172lU2l3, Ac.1.05 guntas in Sy.No.'17313, Ac.2.07 guntas in Sy.No..t81/EE2l3, Ac,2.17 guntas in Sy.No.1B2lU2l3, and Ac.'1.02 guntas in Sy.No..l83/2/3, total admeasuring Ac.g.20 guntas, situated at Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District, as arbitrary, illegal, highhanded and opposed to the principles of naturdl justice and consequentialty, to direct the respondents to conduct survey as per the above said F-line petition pending before the respondents herein. |.A.NO:1 OF 2O2s 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 3rd and 4th respondents to direct 3rd and 4th respondents to conduct survey, measurements and demarcation and fixing the boundaries as per F_line application submitted through onrine, vide mee-seva receipt Nos.TTDER022401095834 and rrDERO224o1ogs14o, dt.18-09- 2024, for the land admeasuring Ac.0.10 guntas in Sy.No.123lE1/3, Ac.0.09 guntas in Sy.No.124lE113, Ac.1.i0 guntas in Sy.No.172lU2l3, Ac.t.05 guntas in Sy.No.17313, Ac.2.O7 guntas in Sy.No.1B1lEE2l3, Ac.2.1t guntas in sy.No.182lU2l3, and Ac.1.02 guntas in sy.No.183/2/3, totar admeasuring Ac.8.20 guntas, situated at Kanakamamidi Viilage, Moinabad Mandar, Ranga Reddy District, during the pendency of the above writ petition. Counsel for the Petitioner : SRI METTU SHANKAR Counsel forthe Respondents : AGp FOR REVENUE The Court made the following ORDER l/* € HON'BLE SRI WSTICE C.V.BHASKAR REDDY WRJT PETITION No.18o 6 of 2o25 ORDER: This writ petition is filed declaring the action of the . respondents in not considering the F-Line applications, dated

18.09.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.0.l0 guntas in Sy.No. 123/EIl3; Ac.0.O9 guntas in Sy.No. 124lEll3; Ac. I.10 guntas in Sy.No.l72/U2/3; Ac. 1.05 guntas in Sy.No.17313; Acs.2.07 guntas in Sy.No.182 lEE2l3; Acs.2.17 guntas in Sy.No. 182/U2/3 and Ac.L.O2 guntas in Sy.No. 183/2/3, situated at Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District, as illegal, arbitrary and violative of the Articles 14, i5, 2l and 30O-A of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the aforesaid agricultural land. It is further stated that the name of the petitioner was reflected in all the reve nue records as pattadar and the revenue authorities also issued e- pattadar pass book bearing No.TO5taO18l324 uide Khata No.2644 under the provisions of the Telangana Rights in Land I 2 CVBR, J Wp 1806_2025 and Pattadar Passbooks Act,2O2O. It is lurther statecl 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, the petitioner had submitted F-Line applications, dated IA.O9.2024 to respondent Nos.3 and 4, by paying requisite fee to conduct suruey of the subject land and fix the boundaries- The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and fixation of the boundaries.

3. Considered t.l.e submissions of the learned counsel for the petitioner and learned Assistant Covernment Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

4. [rarned 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 date of the application after collecting necessary charges. lrarned Assistant Government Pleader for Revenue 5. appearing for the respondents has submitted that the I \ J CVBR, J wp_1806 2025 respondent authorities will consider the aforesaid F-Line application submitted by the peritione r by following due procedure laid down under law and conduct survey and demarcate the subject land by l-rxing 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, l3l7 Fasli (Act No. VIII of 13 I 7 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 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.Nl/1408/07, dated 13.07.2OO7, and Rc.No.N2l174112OLO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said ciErilars, if the petitioner fulfils all the conditions of the 4 CVBR. J wp_,1806_2025 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 respondents Nos.3 and 4 to examine the petitionel's F-Line applications uide Nos.TTDER0224OIO95834 and TTDER0224OLO95a4O, dated B.O9.2O24 submitted for conducting survey and demarcation by fixing boundar5r stones to the petitioner's land to an extent of Sy.No. 123lE1l3; Ac.0.O9 guntas in Sy.No.124 /El/3; Ac.1.10 grrntas in Sy.No. 172 lU2/3; Ac. 1.O5 guntas in Sy.No. 173/3; Acs.2.O7 guntas in Sy.No.182 /EA2l3; Acs.2.l7 guntas in Sy.No. 182/U2l3 and Ac.1.02 guntas in Sy.No.i83/2/3, situated at Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District and if the petitioner fulfrls 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 Nos.3 and 4 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. Y CVI]R. J Wp_1806_2025

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

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.P. PADMANABHA REDDY ASSISTANT REGIS //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat, State of Tetdngana at Hydeiabad.

2. The District Collector, Ranga Reddy District. 3. The Tahsildar, Moinabad Mandal, Ranga Reddy District' 4. The Mandal Surveyor, Moinabad Mandal, Ranga Reddy District' 5.TwoCCstoGPfOnneygruUe,HighCourtfortheStateofTelanganaat Hyderabad. [OUT] O. Oire CC to SRI METTU SHANKAR, Advocate [OPUCI 7. Two CD Copies To SA BS w _il I I ( q J o rs A LYT 1 ! C, t 28 JAN 2025 t l) Ps rcA HIGH COURT DATED:2310112025 ORDER WP.No.1806 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ( ^( €

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