Chiftampally Narayana v. 1. The State of Telangana

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 an appropriate writ, order or Direction more particularly in the nature of writ of MANDAMUS declaring the action of the respondents 2 to 6 in not conducting the survey and not fixing the boundaries to the petitioners agricultural lands in an extent of Ac.0.12 guntas of Sy.No.'l 73lB/1 , Ac.2.0B guntas of S) .No.1731N1 , Ac.O.35 guntas of Sy.No 174lB situated at Sundaragiri Village, chigurumamidi Mandal, Karimnagar District in pursuance of challan dated 22lOBl2O22 and consequential notices dated 1211012022 and also in pursuance of F-online application No. TTDER022SO1131967 dated 2410112025 as illegal, arbitrary and violative of principles of natural justice ernd also violative of the provisions of survey and Boundaries Act apart from being violative of A(icles 14, 21 and 300-4 of the constitution of lndia and consequenfly direct the respondents 2 to 6 to conduct survey and fix boundaries of the abovr: stated subject lands of the petitioner by obtaining necessary police protection from the respondent No.7. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents 2 to 6 to conduct the survey and I'ix the boundaries to the petitioners agricultural lands in an extent of Ac.o.12 guntas of Sy.No..173lBi1 , Ac.2.0B guntas of sy.No.173/A/1 , Ac.0.35 guntas of siy.No.17,r/B situated at Sundaragiri Village, chigurumamidi Mandal, Karimnagar District n pursuance of challan daled 2210812022 and consequential notices dat<>d 1211o12022 anal also inpursuance of F-online application No. TTDERo22so113,1967 dated 24101t2o2s by obtaining necessary police aid from the respondent No.7, pending disposal of the above writ petition in this Honble Court. Counsel for the Petitioner : SRt VADLAKONDA RAV| KUMAR REDDy Counsel for the Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PE"IITION N0.2856 of2o25 ORDER: This writ petition is hled declaring the action of respondent . Nos.2 to 6 in not considering the F-Line application, dated

24.01 .2025 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.O.l2 guntas in Sy.No.173lB/ 1; Acs.2.08 guntas in Sy.No. IT3IA/1 and Ac.0.35 guntas in Sy.No. 174/8 situated at Sundaragiri Village, Chigurumamidi Mandal, Karimnagar District, as illegal, arbitrary and violative of the Articles 14 , 15, 2l and 30O-A of the Constitution of India ald for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.O. 12 guntas in Sy.No.173lB/1; Acs.2.08 guntas in Sy.No.t73lA/t and Ac.O.35 guntas in Sy.No. 174/8 situated at Sundaragiri Village, Chigurumamidi Mandal, Karimnagar 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.Tl7010070313 uide Khata No.639 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is further stated that when the boundaries \\ 7 CVBR. J \\rp_2856 2025 of his land was displaced, in order to avoid unnecessary litigation and quarr,:l with the neighbouring land owners, h e made an application seeking for survey and demarcation by paying requisite fec througir challan, dated 22.08.2022 and pursuant to the said application, respondent No.2 issued sur\'rey nol-ice, dated l2.lO.2O22, but the survey was not conduct since neighbouring owner by name V.Yellaiah was not allowed to conduct t.he same lt is further stated that to safeguard his nghr- over LLis land he approachecl the respondent authorities for conducting survey and on their advise, he made fresh F-Line applicarion, dated

24.01.2025, by paying requisite fee to con,luct survey ol the subject land and fix the boundaries. The grievance ol the pctitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting sutwey ilnd fixation of the bourrdaries.

3. Consiclered the submissions of the learr-red counsel for the respective p:rrties and with their consent this vrrit petilion is being disposed ol at the admissron stage.

4. Leartre d counsei for the petitioner has submitted that in terms of the circular issued by the Commission,:r, Survey, Settlements and Land Records, the respondents arc bound to 3 CVBR, J Wp 2856_2025 consider the application within 45 days from the date of the application after collecting necessary charges.

5. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries. 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 tand 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 specihc documents, and if the conditions stipulated in the circulars are fulfilled, the survey and boundary hxation may be conducted' The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, time vide circulars from relevant issued Rc.No.N1/6543/99, dated 25.O7-2OOl, Rc.No N1/ |4OB/07, daLed 4 CVBR, J Wo 2856 2025 13.O7.2OO7, and Rc.No.N2/ 174 I /2OtO, dared i8.O5.2010 stipulating the conditions for conducting survey of pri,rate lands and as per rhe saicl circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents t() conduct surwey within the time specified in the said circulars.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition direc:ting respondents Nos.2 to 6 to cxamine the petitioner,s F-Line applica tion urde No.TTDtrR022501 131967, dated 24.O1.2025 submiLted for conducting survey and demarcation by fixing boundary :ltones to the petitioner's land to an extent of Ac.0. l2 guntas in Sy.No.173lB/ 1: Acs.2.O8 guntas in Sy.No.173 / A,/1 and, Ac.0.35 guntas in Sy.No. 174/B situated at Sundaragiri Village, Chigurumamicli Mandal, Karimnagar District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to tlme, after issuing notices to all the persons rnterested and adjacent pattadars and after considering their obj,:61i6n", respondent Nos.2 to 6 shall conduct survey of the aforesaid land, within a period of eight (g) weeks from the date of r,:ceipt o1.a copy of this order. 5 CVBR, J Wp 2856_2025

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

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- A. SRINIVASA REDDY ASSISTANT REGISTRAR S TION OFFICER 1 . The Principal Secretary, Department of Revenue, State of Telangana, Telangana Secretariat at Hyderabad. 2. The District Collector, Karimnagar District. 3. The Tahsildar, Chigurumamidi Mandal, Karimnagar District. 4. The Mandal Surveyor, Oio. Tahsildar, Chigurumamidi Mandal, Karimnagar District. To,

5. The Assistant Director, Survey and Land Remrds Survey Department, Karimnagar District.

6. The Deputy lnspector of Survey, O/o. RDO, Karimnagar, Karimnagar District 7. The Station House Officer, Chigurumamidi Police Station, Chigurumamidi, Karimnagar District. B. One CCto SRI VADLAKONDA RAVI KUMAR REDDY, Advocate. [OPUC] 9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

90.Two CD Copies. BSK HIGH COURT DATED:0310212025 ORDER WP.No.2856 of 2025 ,iHE st4 ,6 q J {3, 11 Ft! Z11Z5 ( , 2 a * O1 SPA i CB gO t * DISPOSING OF THE WRIT PETITION WITHOUT COSTS a e^