✦ High Court of India · 23 Jan 2025

M. Venkat Ranga Reddy' S/o late M.Keshava Reddy Aged about 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
1,134 words

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 issue interim direction to the respondents No.2 & 3 to conduct the survey in ,.ipl"t of the land admeasuring Ac 13-33 gts in Sy.No 96 of Ankiraopally village, xJ'n"p* mandal, Nagarkurnool district and fix the boundaries pursuant to the F- ine application No DER022401085316 dt26-7-2024 pending disposal of the writ petition. Counsel for the Petitioner: SRI RAJAGOPALLAVAN TAYI Counsel forthe Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI .IUSTICE C.V.BHASKAR REDDY WRIT PETITION No.l843 of2O25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated

26.07.2024 submitted by the petitioner seeking for conducting I survey and demarcation of the land to an extent of Acs.13.33 guntas in Sy.No.96 of Ankiraopally Village, Kolhapur Mandal, Nagarkurnool District, as illegal, arbitrary and violative of the Articles 14, 15, 2l and 3O0-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 agricultural land in Sy.No.96 and its sub-divisions along with other lands. 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.T030BOO8O21L uide Khata No.274 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020. It is further stated 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 -sunmitted F-Line Epptication, dated 26.07.2024 to respondent *t 2 CVBR, J Wp_1843 2025 Nos.2 and 3, by paying requisite fee to conduct survey 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 s urvey and fixation of the boundaries.

3. Considered the submissions of the learned counsel ior 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 date of the application after collecting necessary charges.

5. lrarned Assistant Government_ pleader for Revenue appearing for the respondents has submitted that the 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. -) CVBR, J Wp_t843_2025

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, 7923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F_Line (field measurement) surveys. Individuars requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulfilied, 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 dme vide Rc.No.Ni/6543/99, d.ated, 2S.OZ.2OOI, Rc.No.Ni/ 140 8/OZ, dated, 13.07.2OO2, and Rc.No.N2l IZ4t/2OIO, dated 18.O5.2O10 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents to.conduct survey within the time specihed in the said circulars. 7 . In view of the aforesaid discussion, tfris Court deems it appropriate to dispose of this writ petition directing respondents T i I I i l CVBR, J Wp_1843_2025 Nos.2 and 3 to examine the petitioner's F-Line application urde No.DER022401085316, dated 26.07.2024 submitted for conducting survey and demarcation by fixing boundary stones to the land to an extent of Acs. 13.33 guntas in Sy.No.96 of Ankiraopally Village, Kolhapur Mandal, Nagarkurnooi 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.2 and 3 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.

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/.T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// S ER To, 1 2 3 4 5 The Principal Secretary, Revenue Department, The State of Telangana' Secretariai. Hvderabad ih;'i;6siir]r;: kolr,apur Mandal, Nagarkumool District, iii" n.=-i.ir"i'lnsoeiior of Survejv, k6tt apu' Mandal, Nagarkurnool District d;'iC'6 sii iilJncopnllnVAu rnYt, Advocate [oPUC] . i;; ccr-L-Gi'FoA neveuuE, High court for the state of relangana' IOUTI

6. Two CD CoPies BN BSffX f{- t. I { i HIGH COURT DATED:2310112025 r- S, (' ? I J{|( ZL?5 i // o €S I'ar. .. ,-r t:6 9 t ORDER WP.No.1843 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS k*

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