✦ High Court of India · 31 Jan 2025

The High Court · 2025

Case Details High Court of India · 31 Jan 2025
Court
High Court of India
Decided
31 Jan 2025
Bench
Not available
Length
1,175 words

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 any writ, order or direction more particularly one in the nature of, Writ of Mandamus declaring the inaction of the respondents in conducting survey and demarcation over the land of the petitioner bearing Sy. Nos.10iA"/6EiA admeasuring Ac.0-04 gts, pattedar passbook No.T05070020'190, Khata No.1012 even after receipt of F-Line Application bearing No.DER022401093419 dt.03-09- 2024 of the petitioner as arbitrary, illegal and in violation of Articles 14, 21 and 300-A of the Constitution of lndia apart from being violation of Telangana Survey and Boundaries Act, '1973 and consequently direct the respondents to conduct survey on the petitioner's land by considering the application of the petitioner dated 05-09-2024. IA NO: 10F 202s Petition under section 151 cPc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to conduct survey and demarcation on the rand of the petitioner bearing sy. Nos.10/A/6E/A admeasuring Ac.0-04 gts, having pattedar passbook No.T05070020190, Khata No.1012, made F_Line Application bearing No D8R0224010934'19 dt03-09-2024, by considering the representation of the petitioner dated 05_09_2024, pending disposal of the main writ petition. Counsel for the petitioner: SRI HARSH KUMAR ASTHANA Counsel for the Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER '4 ,]:\ HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.2762 of 2o25 ORDER: This writ petition is filed declaring the action of the respondents in not conducting the survey, demarcation and not fixing the boundaries to the land to an extent of Ac.0.04 gts., in Sy.No. 10/A/6E/A, situated at Khanapur Village, Gandipet Mandal, Ranga Reddy District in pursuance of F-Line application bearing No.DERO2240lO934I9, dated 03.09.2O24, as illegal, arbitrary arirf, consequently prayed this Court for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of land to an extent of Ac.O.04 gts., in Sy.No. 10/A/6E/A, situated at Khanapur Village, Gandipet IlIandal, 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 pattadar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O urde passbook No.T05070O20190. It is further stated that due to abnormal increase of the land price some of the land grabbers have started disturbing the boundaries ofthe subject land and as such, the petitioner had submitted F-Line application vide No.DER0224O 1093419, dated O3.O9.2024 to respondent 2 CVBR, J Wp_2762 2025 authorities, by paying requisite fee to conduct suLrvey of rhe subject land and fix the boundaries. The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and hxing the bourrdaries.

3. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition 1S disposed of at the admission stage.

4. Learned counsel for the petitioner has submittr:d that in terms of the, circular issued by the Comrrrissioner, Sufirey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the da te of the application after collecting necessarJ charges.

5. Learned Assistant Government pleadr:r for Revenue appearing for respondents has submitted that the respondent authorities u'ill consider the aforesaid F-Line apptication submitted by the petitioner by following due procedure laicl down under law and conducl survey and demarcate the subje,:t land by fixing boundaries.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in a<:cordance with the provisions of the Telangana Land Revenue Act, 1317 F.asli 3 CVBR, J Wp 2762 2O25 (Act No. VIII of 13i7 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, particulariy F-Line (freld 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, 192&, issued relevant circulars from time to time vide Rc.No.Nl/6543/99, dated 25.07.2OOI, Rc.No.Nl/14081O7, dated L3.O7.2OO7, and Rc.No.N2/1741/2OlO, dated 18.05.2010 I I stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils a-11 the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specihed in the said I I circulars.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities to examine the petitioner's F-Line application uide No.DER0224Olo934l9, dated 03.O9.2024 submitted by the petitioner for conducting survey and demarcation by hxing 4 CVBR, J Wp 2762 2025 1n boundary. stones to the iand to an extent of Ac.O.O4 gts., Sy.No.10/A/6ElA, situated at Khanapur Viilage, Gandipet Mandal, Ranga Redd5' District and if the petitioner fulhls all the conditions mentioned in the circulars . issued by the CorrLmrssioner, Survey, Settlements and Land Records from time to dme, alter issuing notices to all the persons interested and adjacent patl.adars and after considering their objections, respondent authorities shall conduct survey of the aforesaid land, within a periocl of eight (g) weeks from the date of receipt ofa copy of this or,Jcr. '4

8. With the above obserwations, There shall be no order as to costs. this Writ petition is disposed of As a sequel, shail stand closed. the miscellaneous petitions ,cending, if any, SD/.S. MALLIKARJU NA RAO 'lNI:* ISTRA ASSI //TRUE COPYII To, sFbnoru o 1 FFICER IlSJr:i:r Secretary Revenue Department secretariat, state of retangana, 2. The District Collector, Ranga Reddy District At Kongarakalan, lbrahimpatnam. 3. The Assistant Director, Survey and Land Records, Ranga Reddy District. 4. The Tahsildar, Gandipet Mandal, Ranga Reddy District, .Telangana 5. One CC to SRt HARSH KUMAR ASTHANA, Advocate. tOpUCl u to GP FoR REVENUE, Hish court for the statr-. of reransana. State. IJ,?r?"t 7. Two CD Copies. BSK BS@* l HIGH COURT DATED:31 101t2025 -- =::--- c 1,. t,r, \, > z C' .L 1i rlB 2025 {' t DL.S 'AT CH -.-0 ORDER WP.No.2762 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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