✦ High Court of India · 31 Jan 2025

The High Court · 2025

Case Details High Court of India · 31 Jan 2025

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 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.10/4/64/4 admeasuring Ac.0-04 gts, pattedar passbook No.T05070020523, Khata No.60503 even after receipt of F-Line Application bearing No.DER022401093418 dt.0310912024 of the petitioner as arbitrary, illegal and in violation of Articles 14, 21 and 300-4 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 petitioners land by considering the application of the petitioner dated O5 109 12024. lA NO:1 oF 2025 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.10/4/64,/4 admeasuring Ac.0-04 gts, having pattedar passbook No.T05070020523, Khata No.60503, made F-Line Apprication bearing No DER022401093418 dt.o3rogr2o24. 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 forthe Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER ',it HON'BLE SRI JUSTICE C.V.BHASKAR REDDY 1VRIT PETITION No.2771 of 2O2S 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/6A/A, situated at Khanapur Viilage, Gandipet Mandal, Ranga Reddy District in pursuance of F-Line application bearing No.DER022401093418, dated 03.09.2O24, as illegal, arbitrary and consequently prayed this Court for other appropriate reiiefs'

2. It is stated that the petitioner is the pattadar and possessor of land to an extent of Ac o'o4 gts'' in sl''No' 10/A/6A/4' situated at Khanapur Village, Gandipet Mandal, Ranga Reddy District, having purchased the same through a registered sale deed bearing document No.52612023, dated 26.12.2023.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 uide passbook No.TO5O7OO2O523. It is further stated that due to abnormal increase of the land price some of the land grabbers have started disturEfng the boundaries ofthe subject land and as such, the a. 2 petitioner had *r-rr?l?Lj submitted F_Line app]ication vide No.DERO224O 10934 i 8, dated O3.Og.2024 ro respondent authorities, by paying requisite fee to conduct survr:y of the 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 fixing the boundaries. 3 Considered the submissions of the learned counsel for the respective parties and with their consent this vrnt petition is disposed of at the admission stage. 4

4. Learned counsel for the petitioner has sub;rritted that in terms of the circular issued by the Commissioner, -survey, Settlements ancl Land Records, the respondents are bound to consider the application within 45 days from thr: date of the application after collecting necessary charges. 5: Learned Assistant Government pleader ior Revenue appearing for respondents has submitted that the respondent authorities will consider the aforesaid F-Line applicatron subnlitted by the petitioner by following due procedure laid dorvn under law and conduct survey and demarcate the subject land by ltxing boundaries 3 CVBR, J Wp_2171 2025

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate rands in accordance with the provisions of the Telalgana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Sur-vey and Boundaries Act, 7923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars ar& fulfilled, 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.N1/6543/99; dated 25.07.2OO1, Rc.No.Nl/ 140 8/OT, dated 13.07.2OO7, and Rc.No.N2/ 1741 /2OtO, dated 18.OS.20tO stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulhls all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specihed in the said circulars

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent t , I I ,.r''" '1 4 CVBR, J Wp_2771_2025 authorities to examine the petitioner,s F-Line applicatjolr uide No.DERO224O 1093418, dated 03.O9.2024 submitterl by the petitioner lbr conducting survey and demarcation by fixing boundary stones to the land lo an extent of Ac.O.Cr4 gts., in Sy.No. 10/A/€iAlA, situated at Khanapur Village, Gandipet Mandal, Ranga Recldy District and if the petitioner fulhls, all the conditions mentioned in the circulars issued by the Comrrissione.r, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjac,:nt patt,adars and after considering their objections, respondent author;ties shall conduct surve.y of the aforesaid land, within a period of eight (g) 4 weeks from the date of receipt of a copy of this orrjer.

8. With the above observations, this Writ petition is disposed of There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. t 1 To, //TRUE COPY// SD/.S. MALLIKARJUNA RAO T REGISTRAR A I ION OFFICER I 1 2 3 4 5 7 The Principal Secretary, Revenue Department Secretariat, State of Telangana, Hyderabad. The District Collector, R_anga Reddy District At Kongarakalan, lbrahimpatnam The Assistant Director, Survey and Land Records, Ranga Reddy District. The Tahsildar, Gandipet Mandal, Telangana State. One CC to SRI HARSH KUMAB ASTHANA, Advocate. TOPUCI Two CCs to GP FOR REVENUE, High Court for the Staie of Tdlangana. louTl Two CD Copies. BSK BS HIGH COURT DATED:31 10112025 ORDER WP.No.2771 ot 2025 ( .) c {.1 E SiA ( ( C J' t 1 5 rFB 2025 t llE,spnrrlr.i' DISPOSING OF THE WRIT PETITION WITHOUT COSTS i I I I , \ €

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