Mohd. Sharfuddin Qaiser v. 1. The State of Telangana

Petition Under Article 226 of lhe 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 action of respondent authorities in not conducting the survey and not processing the application on 16-10-2024 submitted by the petitioner followed by online application bearing No. DER0224O1117734, DI. 12-12-2024 submitted by the petitioner for conducting the survey in sy. No. 126 of lriladeenaguda Revenue Village and not marking the plot bearing No. 225 in Sy. No. 126, as illegal, arbitrary and unconstitutional and ' also against the pr r r:ipl':s of natural iustice and against the R:r;or,J of Rights Act and consequentl,T r ire,:t the respondent authorities to panicL.larly the 2nd respondent authori '/ to act on the application submitted by the pr:titioner on '16- 10-2024 followerd lrr crlrne application No. DER022401117 r-34, Dt.12-12-2024 and conduct the s - rvev in respect of Sy. No. 126 of Madee -.a,:luda Revenue Village and denrarr r,r.e the plot No. 225 belongs to the petitic,ner in accordance with the map. |.A.NO:1 OF 2025 Petition Llnri:. Section 151 CPC praying that in the cir,:rrm,;tances stated in the affidavit flled r s rpport of the petition, the High Court Tay be pleased to direct the respcnCer: authorities to particularly the 2"d respc,ndert authority to act on the app'ica il n r;ubmitted by the petitioner on 'l 6-10-i024 followed by online applicatior \ o. DER022401117734, D1.12-12-2O24 and conduct the survey in respect : f l)y. No. 126 of [\,4adeenaguda Revenut Village and demarcate the plcl r)'t 225 belongs to the petitroner in accorde nce with the map. Counsel for the Pr-'tition,:r : SRI M.SALEEM Counsel for the Rr:r;ponrlent Nos.1 & 2 : AGP FOR REVENUE Counsel for the Re:;ponrlent Nos.3 & 4 : SRI R.VENKATESH The Court made th€f following ORDER .n-. ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PE-TITION No.282O of 2o25 This writ petition is filed praying this Court to declare the action of the respondent authorities in not conducting survey and not processing the application dated 16.1O.2024 submitted by the petitioner followed by online application dated 12.12.2024 lor conducting survey in Sy.No. 126, situated at Madeenaguda Revenue Village ald not marking the plot bearing No.225 in Sy.No. 126, as illegal, arbitrary and for other appropriate reliefs.

2. It is stated that the petitioner is the absolute owner and possessor of the plot bearing No.225, in Sy.No.126, situated at Madeenaguda Revenue Village, having purchased the same through registered sale deeds bearing document Nos.7987 and 9277 of2OO7.

3. A careful examination of the sale deeds bearing document Nos.7987 and 9277 of 2OO7 would reveal that the petitioner has purchased open plots located in Sy.No. 126. It is not the case of the petitioner that the subject property is agricultural land and that they paid stamp duty or registration fees on acre basis. The schedule of property in the sale deeds establishes that the nature l 2 CVBR, J wp 2820_2025 of the prop'-ty is open plot. It is settled larv tlat 'he Survey Departrren' )as the authority to conduct sun'ey rrrd demarcate lands in ar c t-d ance with the provisions of the Tr:1 anr3ana Land Revenue Act I317 Fasli (Act No. VIII of l3l7 Fasli), rfre Telangana Survey an,l Boundaries Act, 1923, and the Rul,:s framed thereunCer'. The Government has issued vario Ls circulars specifying lr : ,:onditions for conducting sun ey:s. prartrcularly F-Line (fie. c lte.lsurement) surveys. Individuals req rer.;ting such surveys are eq rired to submit specific docurnen s, r Lnd. if the conditior s strtulated in the circulars are fulfilled, tn,r s,urvey and boundan' Ji:<: tiorr may be conducted. The Commissi()n(,r, Survey, Settlementr.t anri Land Records, exercising powc rs, r rnder the Telangana lir, rvcy and Boundaries Act, 1923, issr,rer relevant circulars lr:rr time to time vide Rc.No.Nl 165+:11t,9, dated 25.07.201)1, R,:.No.N1/ AOa/07, dared 13.0t ..tOr)7, arrd Rc.No.N2 / 1',,t 1 l :.lO lO, dated 1 8.05. 20 1 O stiputatir.rg h r:, :onditions for condi-Lcli t( survey of private lands. The said Cir:rrlars outline that onlv :rgr', )llr-ural Iands are eligible for surve,y lrr llre Survey Departme nt . lr contrast, individuals owning plots u,ir,lLin approved layouts, rn,. ricrpalities, Gram panchayats, oi Corporation s ' re required to engage Licensed Surwey tr.s rppointed rr{unicipal by the Govr:rr- rnent for such surveys, as these lands a -e ro longer 3 CVBR, J Wp_2820 -2O25 considered agricultural. In the instant case, the petitioner,s land is clearly identified as open plot but not agricultural land. Since the petitioners' property is not agricultural land, the Survey Department has no jurisdiction to conduct F_Line Survey as per the Circulars issued by the Commissioner, Survey, Settlements, and l"and Records. For the aforesaid reasons, this Writ petition is devoid of merits and is liable to be dismissed.

4. Accordingly, this Writ petition is dismissed. However, .the petitioner is at liberty to take the services of licensed surveyor for conducting the survey of his property i.e., open plot, if he is so advised- As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/. K.SREERAMA MURTHY S STANT REGISTRAR To Hyderabad. [OUT]

1. Two CCs to GP FOR REVENUE, High Court for t 2. One CC to SRI M.SALEEM, Advocate tOpUCl 3. One CC to SRI R.VENKATESH, Advocate (OPUC) 4. Two CD Copies SA crP u1L SECTION OFFICER tate of Telangana at I 1t ) HIGH COUR'I' DATED:31 lAl n\Zs ORDER WP.No.2820,c,f :2025 ) J () t, \ H1 T:, ( ( ( ! C. I 0 tY tY 2025 t a) a t i) c i- DISMISSING'I'HE W.P WITHOUT COIJTS. @ GIL iLo4 u