High Court · 2025
Case Details
P. Kotewshwar Rao, S/o. Mallaiah, Age 55 Years, Occ Agriculture' R/o' H.No.13-9/'1, Palsab Pally, Muluqu Mandal, and Drstncl' ijittivJn-(ulb'nnlj,-wlo.'rrltrttriin, Age 50vrs, H'No '13-9/ 1, occ Asriculture' Rl/o. Palsab Pally, Mulugu Mandal, and District' ...PETlrloNERS AND Secretariat, HYderabad. 'l . The State of Telangana, Rep by its Principal Secretary' Revenue Department' 2. District Collector, Mulugu Dist. 5. R;.;;t;b-''Gionit officer, Venkatapur Mandal' Mulusu District ;. il;"Gt oiieCtor, r-ano 5;;;r;;;-N/"isurement of-Records office' Mulugu S. in-e fansitAar, Venkatapur Village and Mandal, tVIul-u.gu Distlict 6. il;d;i il."yor, Venkatapur V'illage and [Vlandal' Mulugu Dist' Dist ...RESPONDENTS Petition under Article 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 particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent in not conducting survey and demarcation of petitioner land admeasuring Ac'4'00Gts bearing Sy.no.1B73IAA situated in Venkatapur village and Mandal' Mulugu Dist' in pursuancetoFLineapplicationno'DERO22401100370'TransactionlD TTDER02240ll003Todl.lo.oT.2024andthesameisinviolationtoProvisionsof SurveyandBoundariesActandArticle,l4and2loftheConstitutionoflndiaand consequently to direct the respondents to conduct survey by duly fixing boundariestothelandbelongingtopetitionertoanextentofAc.4.00Gtsbearing Sy.no.1873/AA situated in Venkatapur village and [\ilandal' Mulugu Dist' IA NO: 1 OF 202s Petition under section 151 cpc praying that in the circunrstances stated in the affidavit fired i. support of the petition, the High court mav be preased to direct the respcndenrs to conduct survey by dury fixing bounda.ies to the rand belonging to petitior)er to an extent of Ac.4.00Gts bearing Sy.no.1B73lAA situated in Venkatapr- r viflage and Mandar, Murugu Dist., pending disposar of the main Writ Petitiorr Counsel for the Petitioner: SRl. ABDUL AZAM KHAN Counsel for the Resp,cndents: Gp FOR REVENUE The Court made the following: ORDER I I I i I HON'BLE SRI JUSTICE C'V'BHASKAR REDDY WRIT PETITI ON No. 2555 of 2o2s ORDER: ' This writ not considering petition is filed declaring the action of the the F-Line application' dated respondents in 1O.O7.2O24 submitted by the petitroners seeking for conductrng survey and dernarcatton of the land to an extent ol Acs'4'0O guntas in Sy.No.1873/AA of Venkatapur Village and Mandai' Mulugu District, as illegal, arbitrary and violative of the Articles i4 ald 21 of the Constitution of India and consequently' prayed for other approPriate reliefs' 2 It is stated that Petitioner No 2 is the owner and Possessor of the land admeasurrng Acs.4.OO guntas in Sy'No' 1873/AA of VenkataPur Village and Mandal, Mulugu District uide File No.B1939/ 1994, dated 26'08'1995' It is further stated that the name of petitioner No'2 was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No'T2418009 2505 uide Khata No-14689 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O - It is further stated that when some of the have startecl disturbing the boundaries neighbouring land owners as such, the Petitioners have made of t\e subject land and \ CVBR. J \\ p-2s55_2025 6't \ F Line application, dated 1O.O7.2024 to respondent Nos.5 and 6, by payi ng reluisite fee to conduct survey ofthe srlbject land and fix l-he bc,undaries. The grievance of the pctrtioners is that even after rcceiving the said F-Line application, the respondent authoritres :ll-c not conducting survey and fixatron of the boundaries.
3. Con:;ideled the submissions of the learned coun sel for the petitioner ancl learncd Assistant Government pleader ft,r Revenuc appearing for the respondents and with their consenr_ this writ pctition is being disposed of at the admission stage.
4. Lerrntcd counsel for the petitioners has submittr:d that in terms o1' thc circular issued by the Commissioner., Survey, Settlements and Land Records, the respondents arc bouncl to consider tl're zLpplication within 45 days from the cl:.te of the applicatic,n after collecting necessary charges.
5. Learned Assistant Government pleader for Rcvenue appearingl Ibr t tc respondents has submitted that the rr:spondent authorities will consider the aforesaid F-Line application r;ubmitted by the pctit-iont.r by following due procedure laid dou.n rrnder law and conduct sun,ey and demarcate the subject land by hxing bou ndarit s. .,) CVB11, J Wp_2555_2025 It is settled law that the Survey Department has the 6. 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 (held 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, excrcising powers under the Telangana Survey and Boundaries Act' 1923' time vide issued relevant circulars from Rc.No.Nl/6543 199, d.ated 25.07'2OOl, Rc No'N1/ 1408/O7' dated 13.O7.2OO7, and Rc.No.N2/ l74ll2OlO, dated 18 05 2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioners fulhl atl the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars. [n view of the aforesaid discussion' this Court deems it 7. appropriate to dispose of this writ petition clirecting respondents t I i I .1 CVBR, J \! p 255 5_2025 Nos.S ancl 6 to examine the petitioners, F.-Line applir:aLion ujde No.DtrRO224(l 1 1O037O, dared LO.OZ.2024 subrr.itted for \ conducting surwcy and demarcation by fixing boundan. stones to the petrti)ncr's land to an extent of Acs.4.OO guntas in Sy.No.187l)/Al\ of Venkatapur Village and Mandal, Mulugu District and if the por rtiorcrs fulfil all the conditions me,ti.r red in thc circulars issurd by the Commissioner, Survey, Settletnents and Land Re<:ords from time to time, after issuing notices to all the pcrsons ntercr;ted and adjaccnt pattadars and after c,rnsidering their obje:ctionr;, respondent Nos.S and 6 shall conduct surwey of the aforesaid land, within a period of eight (g) weeks froln the date of receipt r>1- a rt( )p,y of this order. 8 Wit:l thc rrbove observations, this Writ petition is dir;posed of. Therc shall be r: o order as to costs 9 . As rr secl rel, the miscellaneous petitions pending. if any, shalI stan,:l ,:losr:d //TRUE COPYII SD/. L. LAKSHMI BABU on:q:o*r REGTSTRAR \si" , TION OFFICER To,
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9. The Principal Sercretary. Revenue Department, Secretariat, T.S.,Hyderabad. The District Co]l:ctor, IVulugu Dist. The Revenue Divisional Offiicer, Venkatapur Mandal, Mulugu District The Asst Drrectc,r, Land Survey anO fr,eiiJremenlii RecorOs ()ffice, Mulugu The Tahsildar, Venkatapur Village and Mandal, Muluqu District The Mandat Sunr6ysp. Venkata.prr Viilas;;;;"M;ilX; Ivlutugu Dist. one cc ro sRr ABDUL aznM'xHArl7j"iclt!'ibFtjct rwo ccs to cp FoR ncveruuE,HibiiC;;;i;,fi'; ILt" ot retansana ar Hyderabad IOU1] Two CD Copies BM /"+ \/, GJP - _* .:---.--lI HIGH COURT DATED:3010112025 ORDER WP.No.2555 of 2025 i1: '-- -, '' ,, ., '\ rln-- s14 14: :'J ii: \r.-t,. \\ ." \ 03 iiR 2025 ( a o : - 1).'- -, -\: DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?* r+d1 :5 \