High Court · 2025

Petition under Article 226 of rhe 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 by declaring the inaction of respondents 2lo 4 in not conducting survey in respect of plot No.'1 1g/part (south part), admeasuring 250.0 Sq. yards in Sy.Nos.247, 248, 249, 2SO, 253,256 and 269, situated at Bowrampet Village, Dundigal t\Iunicipality, Dundigal, Gandimaisamma Mandal, Medchal-Malkajgiri District belongs to the petitioner despite of F-line Application No.DER022300902839 dt.08-03-2023 seeking to conduct a survey of the petitioners plot is illegal, arbitrary, a violation of principles of natural justice and violate of Article 300-4 of the constitution of lndia and consequenfly direct the respondents 2 to 4 to conduct survey, demarcate and fix the boundary stones in respect of Plot No.1 'l 9/Part (South part). admeasuring 250.0 Sqyards in Sy.Nos.247, 248, 249. 25O, 253,256 and 269, situated at Bowrampet Village, Dundigal Municipality, Dundigal. Gandimaisamma Mandal, District belongs to the petitioner by considering the No.DER022300902839 dt.0B-03-2023 in the interest of justice lA NO: 1 OF 2025 Medchal-Malkajgiri F-line Application Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 4 to conduct survey, demarcate and fix the boundary stones in respect of Plot No.119/Part (South Part), admeasuring 250.0 Sq. yards in Sy.Nos.247,248,249,250,253,256 and 269, situated at Bowrampet Village, Dundigal Municipality,. Dundigal, Gandimaisamma tVlandal, Medchal-Malkajgiri District belongs to the petitioner by considering the F-line Application No.DER022300902839 dt.08-03-2023 in the interest of justice, pending disposat of the main writ petition Counsel for the Petitioner: SRl. D. SUDHARSHAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER ------------- / / HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2838 of 2o25 ORDER: This writ petition is filed praying this Court to declare the action of respondent Nos.2 to 4 in not considering the F-Line application, dated O8.O3.2O23 submitted by tl-e petitioner to conduct the survey and demarcation of the plot No. 1 19/ Part to an extent of 250 square yards in Sy.Nos.247, 248,249,253,256 and 269 of Bowrampet Village, Dundigal Municipality, Gandimaisamma Mandal, Medchal-Malkajgiri District, as illegal, arbitraqr, unconstitutional and violative of Article 3O0-A of the Constitution of India and also violative of principles of natural justice and consequently prayed for other appropriate reliefs.

2. The petitioner claims to be the owner, possessor and enjoyer of the plot No.ll9/Part to an extent of 250 square yards in Sy.Nos.247, 248, 249, 253, 256 and 269 of Bowrampet Village, Dundigal Municipality, Gandimaisamma Mandal, Medchal- Malkajgiri District, having purchased the same under registered sale deed bearing document No.21 138 of 2022.

3. A careful examination of the sale deed bearing document No.21138 of 2022 reveals that the petitioner has purchased open .t \ 2 CVBR, J wp_2838 2025 plot located in various survey numbers. It is not the case of the petitioner that the property purchased by her is agricultural land and that she paid stamp duty or registration fees on acre basis. The schedule of property in the sale deed establishes that the nature of the propert5r is an open plot, admeasuring 250 square yards. .lt 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 fulhlled, 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.N 1 /6543/99, dated 25.07.2OO 1, Rc.No.N I / 1 40 8 / 07, dated. L3.O7.2OO7 , and Rc.No.N2/ 1741/2OtO, dated 18.0S.2O10 I stipulating the conditions for conducting survey of private lands. The said Circulars outline that only agricultural lands are eligible 3 CVBR, J wp 2E38_2025 for survey by the Survey Department. In contrast, individuals owning plots within approved layouts, municipalities, Gram Panchayats, or Municipal Corporations are. required to engage Licensed Surveyors appointed by the Government for such surveys, as these lands are no longer considered agricultural. In the instant -t case, the petitioner's land is clearly identified as open plots but not agricultural land. Since the petitioner's propert5r is not an agricultural land, the Survey Department has no jurisdiction to conduct F-Line Survey as per the Circulars issued by the Commissioner, Survey, Settlements, and Land Records' For the aforesaid reasons, this Writ Petition is devoid of merits and is liable to be dismissed. However, the petitioner is at liberty to take the services of licensed surveyor for conducting the survey of his property i.e, open plots, if he is so advised.

4. With the above directions, this Writ Petition is disposed of.

5. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. ,TRUE COPY// SD/. L. VIJAYA LAXMI AS ISTANT REGISTRAR SECTION OFFICER I To, 1 2 ? 4 E 6 7 R. Ambedkar Telangana The Principal Secretary, Revenue Department, D Secretariat, T.S.,Hyderabad. The District Collector, Medchal-Malkajgiri District. The Revenue Divisional Officer, [\rledchal-Malkajgiri District. The Tahsildar, Kukatpally Mandal, Medchal-Malkajgiri District. One CC to SRl. D. SUDHARSHAN, Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies BM GJP HIGH COURT DATED:0310212025 I , ORDER WP.No.2838 of 2025 g Srrf f 5 1Y']\ I'\ i ts t{N fl25 t o D63p,rTC DISPOSING OF THE WRIT PETITTON WITHOUT COSTS @#:n ",5