✦ High Court of India · 27 Jan 2025

Chinthakunta Gooal. S/o. Late Ramachandraiah v. demarcation on the agricuIture Iand of the

Case Details High Court of India · 27 Jan 2025
Court
High Court of India
Decided
27 Jan 2025
Bench
Not available
Length
1,360 words

Counsel for the Petitioner: SRI RApOLU BHASKAR Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER "v ORDER: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1O7a of 2025 This writ petition is hled declaring the action of respondent Nos.3 and 4 in not considering the application for appeals on demarcation,dated30.lo.2024Submittedbythepetitionerseeking for conducting survey and demarcation of the lands to an extent of Ac.O.O9 guntas in Sy.No 1 | l21.l I and Ac'O 12 guntas in Sy.No.13/2A/ I situated at Jamisthanpur Village' Mahabubnagar Rural Mandal, Mahabubnagar District and non-initiating to hx the boundariestothepetitioner'sland,asillegal'arbitraryand violative of the Articles 14, 15, 2l and 3O0-A of the Constitution of India and for other appropriate reliefs [t is stated that the petitioner is the pattadar and possessor 2. of the lands to an ex[ent of Ac'O'09 guntas in Sy'No'11/2A/ 1 and Ac.O.12 guntas in Sy.No' 13/2A/ 1 situated at Jamisthanpur Village, Mahabubnagar Rural Mandal' Mahabubnagar District' 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'T0117012OO83 uide KtlaLa No.112 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is the further case ol the ). CVBR, J Wp 1078 2025 petitioner that due to abnormal increase of the land price some of the neighbouring land o\r,ners have started disturbing the boundaries ol the subjcct land and as such, thc petitioner had submilted application for appeals on demarcation, dated

30.7O.2024 to conduct the survey and demarcation of the subject land and fix the boundanes. The grievance ol the petitioner is that even after receiving the said application, the respondent authorities are not conducting survey and f-rxation of the boundaries.

3. Considered the submissions of the learned counsel for the petitioner, lea rned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposcd of at the admission stage.

4. Learned counsel for the petitioner has submitterl that in terms o[ rhe circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application rvithin 45 days from the dare of the application alter collecting necessary charges.

5. Learned Assistant Government Pleader for Revenue appearing for the rcspondents has submitted that the respondent authorities u'jll consider the aforesaid application submitted by the petitioner by follor.ving due procedure laid dorvn under law and CVBR, J Wp_107E_2025 conduct survey and demarcate the subject land by hxing boundaries

6. It is settled law that the Survey Department has the au[hority' 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 fulhlled, the survey and boundary lLxation 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 vide . Rc. No.N 1 /654 3 I 99, dated 25.07 .2OO l, Rc.No.N 1 / 140 8 I 07, dated 13.07.2OO7, and Rc.No.N2l1741/2OLO, dated 18.05.201O stipulating the conditions for conducting suwey 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 I I C\TBR. J \\-tr t0rE 201i \

7. In r-ieu' o[ the aforesaid discussion, this Courl deems it appropriate to dispose of this u'rit petition directing rt:spondenls Nos.3 and 4 '.o examine the petitioner's applicalion lor appeals on demarcation uide No.AODO22400066782, dated 30.1O.2024 submitted for conducling survey and demarcation by h-xing boundarr'- stcnes to the petitioner's land to an extent ol Ac.O.O9 guntas in Sy.No. 1ll2Al1 and Ac.O.12 guntas in Sy.No.13/2Al1 situated at Jamisthanpur Village, Mahabubnagar Rural Mandal, Mahabubnagar District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Com.missioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interesled and adjacent. pattadars and after considering their objections, respondent Nos.3 and 4 shall conduct survey of the aforesaid land, r'vithin a perrod of eight (8) weeks irom the date ol receipt of a copy of this order.

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

9. As a sequel, the miscellaneous petitions pending, if any, shall stan //TRUE COPY// SD/. K.SREERAMA MURTHY GISTRAR ASS tilnl:' ,jsJcrror.r OFFICER To, \

1. The Principal Secretary, Revenue Department, The State of Telangana, Secretariat Building, Secretariat, Hyderabad.

2. The District Collector, Mahabubnagar, Mahabubnagar District 3. The Assistant Director of Survey and Land, I\,4a habubnagar, Mahabubnagar District.

4. The Tahsildar, Mahabubnagar Rural Mandal, Mahabubnagar District. 5. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

7. Two CD Copies BN GJP s HIGH COURT DATED:1010112025 ORDER WP.No.1078 of 2025 1Yr g tiT.q J A )G d oi i'rB 2[25 C] .\t t DEST,A1cs DISPOSING OF THE WRIT PETITION WITHOUT COSTS q a E;u.,' J. =

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