1 SHETTY RAII1ESH S/o. late Sri. Shetty Chandra Shekar v. 1. The State of Telangana

1. Shetty Ramesh, S/o. late Sri. Shetty Chandra Shekar, aged about 64 years, 2. Shetty Suresh, S/o. late Sri. Shetty Chandra Shekar, aged about 60 years, Occ. Business, R/o. H.No.5-2-97, MG Road, Tandur, Vikarabad District Occ. Business, R/o. H.No.5-2-97, MG Road, Tandur, Vikarabad District. AND ...PETITIONER/RESPONDENT NO.6

1. The State of Telangana, Rep.by its Principal Secretary. Revenue Department. Secretariat, Hyderabad. Telangana.

2. The District Collector, Vikarabad District, at Vrkarabad 3. The District Survey Settlement and Land Records, t/ikarabad District. 4 The Revenue Drvrs onal Offrcer. Tandur Revenue Drvrsror-r Vrkarzlbarl D str ct 5. The Tahasildar. Tandur t\4andal. Vikarabad District. T S 6. l\.4. Ramesh, S/o lVl l\4anik Rao. Aqed about 70 years Occ F'rn'-ce Commission Drrectcr Govt of Te angana R o. S;,nd calr, r;.1 / .r .'r. l ,r.r:r Tand ur, Vikarabad Drstrrct. Telangana ...RESPONDENTS/RESPONDENTS Petition under Sect on 151 CPC praying that in the circLrmstances stated n the affidavit filed in support of the petition, the High Court may be pleased to vacate the lnterim order dated 05.02.2025 in WP No.324712025 Counsel for the Petitioner: SRl. LINGALA SUDHEER Counsel for the Respondent Nos. 1to5: GP FOR REVENUE Counsel for the Respondent No.6: SRI T.S, PRAVEEN KUMAR The Court made the following: ORDER THE HON'BLE SRI JUSTICE C,V. BHASKAR REDDY WRIT PETITION No.3247 OF 2025 ORDER: This writ petition is filed seeking the following relief: ". . , . fo issue a Wit of Mandamus or ang other appropiqte Writ declaing the actton oJ the 3d respondent in issuing surueA nottce utde file No.A4/ 467/ 2024 dated 31.01 .202 5 to conduct illegol surueA dated 12.022025 at about 11.00 AM the demarcation of suruey No.181 along ulith Petitioners agricultural lands in 59.No.156, 157 and 158 situated at Tandur Village and MandaL Vikarabad Distrtct TS in uiolation of the orders in WP No.24690/ 2024 dated 05.09.2024 and uithout consideing Petitioner objection issued fresh impugned notice is illegaL, arbitrary and contrary and consequentlA set aside the surueA notice uide fiLe No.A4/ 467/ 2024 dated 31012025 issued bll the 3rd Respondent..."

2. IL rs stirtcci that the petitioncrs are the absolllte owners an(1 fJosst: ssors o1 agriculture ianrls admeasnring Ac.23.O2 llLLlrtas in Si.Nos. 136ltrt:11, 157, 158 situated at Tandur Village anrl NlzrncitLl, Vikalab:rd Distrrct, and the lands i.vhich are abutting to the subject property are converted from agriculture to non-agriculture purpose as per the provisions of the Telangana Agricultural Land (Conversion for Non-Agricultural Purposes) Act,2006 (for short 'NALA Act, 2006').

3. Learned counsel for the petitioners submitted that acting on the application dated 29.06.2024 submitted by the respondent No.6 (adjacent pattadar), respondent No.3 issued 2 notice vide File No.Aala67 12024, dated 31.01.2025 for conducting survey over the lands in Sy.No. 181. Learned counsel furthe r submitted that once the lands are ceased to be agriculture lands, respondent No.6 is not having any right to make application seeking to conduct F-Line application, as the Government has issued various circulars specifving the conditions for conducting surve)rs, wherein F -Line (field measurement) surveys are conductcd onlv in agricultrrrc li,rrtrJs, therefore, respondenl No,6 is crltitled to filc apltliczrrion bclort: thc liccr.rsed survcvor fbr condlrr:ttng t]'rc srtncr, o1 hls ])t ol)(.rl\'.

4. Pe.r contrct, Mr. Praveen, lcerrned cour''tscl appcaring lirr respondent No.6 submitled that respondent No.6 is the absolutc owner and possessor of the lands to an extent of Ac.19.06 guntas in Sy.No.181, and to protect his property from encroachments, respondent No.6 has voluntarily given 60 feet road from his lands, for providing ingress and egress to the villagers, and taking advantage of same, some of the third parties have made efforts to encroach the lands of respondent No.6, therefore, in order to protect his balance extent ol lands from encroachment, respondent No.6 submittccl an applic.ation before thc rcspondct'rr authorit,ios [or concluctin!{ srrrv(]\':rrtrl as on thc dztter, the naturc of tht' sirid lirncls is classil'icri as ll:l1r,l c Iands in the revenue records, therefore, respondent No'6 is entitled for submitting application to conduct survey over the saicl propertl,. It is setilcd la$, thiLt the Sr-trvev Department has the 5. ar-rthoritr. to conduct survel'and demarcate lands in accordance \\,lth tltc pt-ovisiolls ol the Tela'tlganzr Land Revenue Act' 1317 l.'trs)r (A,.'t No. Vlll ot 1377 I'-asli), the Teiangana Survey and Boundaries Act, 1923, and the Rules framed thereunder' The ()overnmen t has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveYs.

6. Since it is stated that respondent No'6 has submitted F- Line application in terms of the circular instructions' there is no illegality and irregularity on the part of the survey department in issuing nolice to the petitioners and adjacent owners' objcctions to ln vtcu' ol thc above, this Court is of the opinion lhal ends 7. o{ jrrsLicc ,'r'c.rt-tlcl bc mcl', il the petitioners are permitted to file the rmpugned r-to[ice dated 31'01 2025 duly rclevant clocuments. On submission of lhe respondent No.S-Tahsildar is directed to consider and if it is found that the subject land s are tnclosing ltte objections, the same, 4 agriculture lands, the respondents are at libert-v to proceed to conduct survev in pursuance of the notice duh' consjdering tJ-re objections raised bv the pctittorlcrs.

8. Wrtlr the above observ:rtirlLls, this s'riL Jlt lttlrlll ts cllspost ri ol. No order as to costs Miscelianeous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/.A.V.S.PRASAD PUry REGI STRAR=__ i / ,/ To, 1 2 3 4 5 6 7 8 I \ SECTION OFFICER retariat, T.S., Hyderabad ad. The Principal Secretary, Revenue Department, The District Collector, Vikarabad District, at Vik The District Survey Settlement and Land Records, Vikarabad District, Telangana. The Revenue Divisional Officer, TanCur- Re'renue Divisrcn, Vikarabad District. The Tahasildar, Tandur l\,4andal, Vikarabad District, T.S. One CC to SRI LINGALA SUDHEER, Advocate IOPUC] Two CCs to GP FOR REVENUE,High Court for the State of Telanqana at Hyderabad [OUT] One CC to SRl. T.S. PRAVEEN KUI\1AR, Advocate [OPUC] Two CD Copies BIV GJP HIGH COURT DATED:1710412025 ORDER WP.No.3247 of 2025 r TrlE S 14 o 2 0 ;uru zn6 I I _/

1..*' J lJ () * DISPOSING OF THE WRIT PETITION WITHOUT COSTS slt hl