Malkedi Venkat Kishan Ji v. 1. The State of Telangana

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the Application for Appeals on Demarcation through vide No.A0D022400061958, dated. 05.03.2024 and non- conducting the survey and demarcation on the agriculture land of the Petitioner to an extent of land Ac.1 .22 Gts in Survey No. 31/Afu1/2 and land to an extent of Ac.1.27 Gts in Sy.No.31/A111, totaling to an extent of Ac.3.09 Gts, which is situated at Amangal Village and Mandal, Ranga Reddy District and non-initiating to fix the boundaries to the Petitioner land is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos. 4 and 5 to consider the Online Application for Appeals on Demarcation through vide No.A0D022400061958, dated. 05.03.2024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.3.09 Gts in Survey 11ss. 31/AA/'l12 and Sy.No.31/A'l/1 , which is situated at Amangal Village and Mandal, Ranga Reddy District. lA NO: 1 OF 202s Petition under Section in the affidavit filed in su p direct the Respondent N os. on Demarcat ion through vid conduct the survey and de Iand of the Petitioner to an Sy.No.31/A1/1 , which is situ District pending disposal of Counsel for the Petitioner: Counsel for the Responde The Court made the followi that in the circumstances stated e High Court may be pleased to the Online Application for Appeals 061958, dated. 05.03.2024 and to the boundaries to the agriculture Gts in Sunrey Nos. 31/AA/1/2 and illage and Mandal, Ranga Reddy KAR ENUE ,l HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. 2536 of 2o25 ORD ER: This writ petition is hled declaring the action of the respondents in not considering the application for Appeals on Demarcation,dated05.03.2024submittedbythepetitionerfor conducting survey of agricultural land admeasuring Ac 1 22 guntas in Sy.No.3l/AA l112; Ac '1"27 guntas in Sy No 3llA1/1' situated at Amangal Village and Mandal' Ranga Reddy District' as illegal, arbitrary and vioiative of the Articles 14' 15' 21 and 3O0-A of the Constitution of India and consequently, prayed for other appropriate reliefs' It is stated that the petitioner is the pattadar and possessor 2. of the agricultural land admeasuring Ac'l '22 guntas in Sy.No.31/AA/ ll2; Ac'l'27 guntas in Sy'No'31/A1/1' situated at Amangal Village and Mandal, Ranga Reddy 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 1'q6k No'TOS 020067 412 uide Khata No.62Z2T in his favour ,11661 the provisions of the Telangana Rights in Land and Pattadar PaSsbooks Act' 2O2O' It is further tt{tfi *rut when the neighbouring land owners have started 2 *r r#?Lj disturbing the boundarics of the subject land and as such, the petitioner has submitted applications for Appeals; on Dernarcation, dated 05.Oa\.2024 to respondent Nos.4 ancl S b.y paying to conduct survey of the subject land requisite fee ar rd fix the The grievance of the petitioner is; that even after receiving the said applications, the respondent authorities are not conducting survey and fixation of the boundaries. boundaries.

3. Considr:red the submissions of the learnecl counserl for the petitioner artrl lcarned Assistant Government plezrder for Revenue appearing for ihe respondents and with their consent ::his writ petition is being dispose d 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 bouncl to consider the ,application within 4s days from the date of the application aftt:r collccting necessary charges.

5. Learned Assistant Government pleader for Flevenue appearing for the respondents has submitted that the respondent authorities rvill consider the applications subrnitted lty the procedure laid down under 1aw and petitioner by following due 3 CVBR, J \Np 2536 2025 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 thc Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) sur-veys. Individuals requesting such surveys are reqr.rired to submit specihc documents, and if the conditions stipulated in the circulars are fulhlled, the surwey and boundary hxation 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 / 99, dated 25.O7 .2OO1, Rc.No.N 1 / l4Oa / 07, dated 73.O7.2OO7, and Rc.No.N2/1741/2OlO, dated 18.05.201O stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfrls all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars. _/ --rsilt!;, I I

7. In vie',,r, of the aforesaid discussion, thi:r Court deems it 1 CVBR, J \\'p 2-53 6 2025 appropriate to dispose of this writ petition drr,:cting rcspondent Nos.4 and 5 to examine the petitioner's applicabon for appeais on demarcation uide Nos.AODO224OOO61958, d:rted Oa'.O3.2024, submitted for conducting survey and demar-cation by fixing boundary stones to the petitioncr's land to an extent , f Ac.l .22 guntas in Sy.No.31/AA/1,/2; Ac.1.27 guntas in Sy.No.31/A1l1, situated at Amangal Village ai-rd Mandal, Ranga trleddy District and if the petitioner fulfils all the conditions mentionr:d in th<. ciriulars issued by 1-he Commissioner, Sutwey, Settlernents and Land Records from time to Lime, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos.4 and 5 shall condllct sun'ey of the aforesaid 1and, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With tlre above obser-vations, this Writ Petitron is disposed of. There shall bc no order as to costs.

9. As a sequel, the miscellaneous petitions pending. if any, shall stand clo sed. //TRUE GOPY// SD/.MOHD. ISMAIL REGISTRAR ASS ON OFFICER \ To, lH*ffi a. iwo CD CoPies w TOUTI BN - _:,:r .. -.:,att &ai' ,l-tera_ HIGH COURT DATED:3010112025 'c a l .) r_) o 2/ 1H ? Sr47.e 11ii.; zcts 2 o QcSF ATC,B I ORDER WP.No.2536 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ \