✦ High Court of India · 23 Jan 2025

Sri Podduturi Venkat Reddy v. '1 . The State of Telangana

Case Details High Court of India · 23 Jan 2025
Court
High Court of India
Decided
23 Jan 2025
Bench
Not available
Length
1,306 words

Petition Under Article 226 of lhe 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-line application through online, vide mee-seva receipt Nos.TTDER022401OS5B52 and TTDER0224O1O95B45, d1.1810912024, for the laM admeasuring Ac.0.10 guntas in Sy.No.123lE'l /2, Ac.0.08 guntas in Sy.No.124lE112, Ac.1.'10 guntas in Sy.No.172lU2l2, Ac.'1 .05 guntas in Sy.No.173/2, Ac.2.O7 guntas in Sy.No.1B'liEE2l2, Ac.2.17 guntas in Sy.No.182/U2i2, and Ac.1 .O2 guntas in Sy.No.183/2/2, total admeasuring Ac.B.'19 guntas, situated at Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District, as arbitrary, ilregal, highhanded and opposed to the principles of natural justice and consequentialry, to direct the respondents to conduct survey as per the above said F-line petition pending before the respondents herein. |.A.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 3rd and 4th respondents to conduct survey, measurements and demarcation and fixing the boundaries as per F-line application submitted through online, vide mee-seva receipt Nos.TTDER02 2401ogs}s2 and TTDER022401095845, dt.1\togl2oz4, for the land admeasuring Ac.0.10 guntas in Sy.No.123lE112, Ac.0.08 guntas in Sy.No.124lE,U2, Ac..l ..10 guntas in Sy.No.172lU2l2. Ac.1 05 guntas in Sy.No.173/2, Ac.2.07 guntas in sy.No.181/EE2l2, Ac.2.17 guntas in Sy.No.1B2lU2t2, and Ac.1.02 guntas in sy.No.183/2/2, totar admeasuring Ac.g.19 ' guntas, situated at Kanakamamidi Village, Moinabad Mandal, 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 ; I F - -U."-{ HON'BLE SRI JUSTICE C.V.BT{ASKAR REDDY UIRIT PETITION No.18O2 of2025 ORDER: This writ petition is filed declaring the action of the . respondents in not considering the F-Line applications, dated

18.O9.2024 submitted by the pecitioner seeking for conducting survey and demarcation of the land to an extent of Ac.O. 1O guntas in Sy.No. L23lEl l2; Ac.0.0B gunras in Sy.No. t2a/Etl2; Ac.1.10 guntas in Sy.No.l72lU2l2; Ac. 1.05 guntas in Sy.No.173l2; Acs.2.07 guntas in Sy.No. 182 lEE2l2; Acs.2.77 guntas in Sy.No.lB2lU2l2 and Ac. 1.02 guntas in Sy.No. 183/22, situated at Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District, as iilegal, arbitrary and violative of the Articles 14, 15, 21 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 revenue records as pattadar and the revenue authorities also issued e- pattadar pass book bearing No.TO5180181325 uide Khata No.2643 under the provisions of the Telangana Rights in Land ) CVBR..I wp_1802_2025 and Pattadar Passbooks Act,2O2O. It is further stated that due to abnormal increase of the land price some of t he neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had submitted F-Line applications, dated 18.09.2024 to respondent Nos.3 and 4, by paying requisite fee to conduct survey of the subject land and hx 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 hxation of the boundaries.

3. Considered 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 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 clate of the application after collecting necessary charges.

5. L,earned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the J CVBR. J wp_1802_2025 respondent authorities will consider the aforesaid F-Line 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 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.Nll6543l99, dated

25.O7.2OO1, Rc.No.Nl/l4O8l07, dated 13.O7.2OO7, and Rc.No.N2/ 174l l2OlO, dated 18.05.201O stipulating the conditions for conducting survey of. private lands and as per the said circulars, if the petitioner fulfils all the conditions of the 4 l CVBR. J wp_1802_2025 said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars.

7. [n 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 petitioner's F-Line applications uide Nos.TTDERO224O|O95852 and TTDER0224O1O95a45, dated

18.09.2024 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner's land to an extent of Ac.O. 10 guntas in Sy.No. 123/E1/2; Ac.0,08 guntas in Sy.No. 124lE1/2; Ac.l.l0 guntas in Sy.No. 172/U212; Ac. 1.O5 guntas in Sy.No. 17312; Acs.2.07 guntas in Sy.No.182 lF)E2l2; Acs.2.l7 guntas in Sy.No. 182 lU2/2 and Ac. 1.02 guntas in Sy.No. 183/22, situated at Kanakamamidi Village, Moinabad Mandal, Ranga Reddy District and if the petitioner fulhls 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. -') CVBR. J wp_1E02 2025 With the above observations, this Writ petition is disposed There shall be no order as to costs. 8 of.

9. As a sequel, the miscellan shall stand closed. eous petitions pending, if any, SD/.P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPYII To SECTION OFFICER Telangana at Hyderabid. 1 . The Principal Secretarv,,Revenue Department, Secretariat, State of : L!" Diskict Coltector, Ranga Reddy District. he Iahsildar, Moinabad Mandal, Ranga ReOOy District. { _r 4. The Mandat Survevor rrloinaoal n4;;;"rt il;;,""deddy District. 5. rwo ccs to Gp ron hevir.rui, ffiffiouiirlYriil" ,,r,u or reransana at 6. One CC to SRt trlEffU SHANKAR, Advocate tOpUCl 7. Two CD Copies Hyderabad. [OUTI SA BS -l)K{, I c c TSnL1 JC t 2I JAri 2025 t .s rA 0(- ! I .d' HIGH COURT DATED:2310112025 ORDER WP.No.1802 oI2025 DISPOSING OF THE W.P WITHOUT COSTS. \ €

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