Gade Pushpalatha 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 a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of respondent no 3 is not deputing the respondent no 4 for conduct of survey of agriculture Land in survey no 439/11 extent of 1 acre and in survey no 439112 extent of 1 acre totaling to an extent of 2 acres in Pentakalan village of Bodhan Mandal, Nizamabad district as illegal, arbitrary, unlaMul, unconstitutional and contrary to the provisions of the law and consequently direct the respondent no 3 to depute the 4th respondent to conduct the survey of land admeasuring Land in survey no 439111 extent of 1 acre and in survey no 439112 extent of 1 acre totaling to an extent of 2 acres in Pentakalan village of Bodhan Mandal, Nizamabad district belonging to the petitioner as per F- Ll NE Application No.TTDER02250 I 1 31 81 3, Dt. 23 lO1 I 2025. 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 ma1, be pleased to direct respondent no 3 to depute the respondent no 4 for conduct of survey of agriculture Land in survey no 439/'1 1 extent of 1 acre and in survey no 439112 extent of 1 acre totaling to an extent.of 2 acres in Pentakalan Village of Bodhan Mandal, Nizamabad belonging to the petitioner as per F-LINE Application No.TTDER0225o1,1 31813, Dt. 2310112025 TS DHARANII Po(al, for conducting the survey to fix the boundaries by demarcating the subje,ct property i.e., extent of Ac. 2.00 guntas comprised in 439i1 1 extent of '1 acre and in survey no 439112 extent of 1 acre totaling to an extent of 2 acres in Pentakalan village of Bodhan Mandal, Nizamabad dist, pending disposal of the above rarrit petition. Counsel for the Petitioner: SRI P.LALITHA KAMESH Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3197 of 2o25 ORDER: This writ petition is hled declaring the action of the respondents in not considering the F-Line application, dated 23.01.2025 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac'1'OO guntas in Sy.No.439/11 and Ac.1.00 guntas in Sy.No.439/12 situated at Pentakalan Village, Bodhan Mandal, Nizamabad District, as illegal and arbitrary and for other appropriate reliefs' It is stated that the petitioner is the pattadar and possessor 2. of the agricultural land to an extent of Ac'1'OO guntas in Sy.No.439/ 1 1 and Ac. 1.0O guntas in Sy.No.439l 12 situated at Pentakalan Village, Bodhan Mardal, Nizamabad District' It is further stated tltat 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.T1104OO9l38O uide Khata No.60628 under the provisions of the Telangana Rights in Land .qnd Pattadar Passbooks Act,2O2O. It is further stated that when neighbouring land owners . have started disturbing the daries of the subject land and as such, the petitioner had d tted F-Line application, dated 23.01.2025 to respondent 4 | I 2 CVBR, J \A'p_3197 2075 Nos.3 and 4, by paying requisite fee to conduct str rvey 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 fixation of the boundaries.

3. Considered the submissions of the learrred courrsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consen t, this writ petition is being disposed of at the admission stage.

4. Learned counsel for the petitioner has submitt.ed that in terms of the circular issued by the Commissionr:r, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the rlate of the application aftcr collecting necessary charges.

5. Sri L..Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submittt;d that the respondent authorities will consider the aforeseLid F-Line application submitted by the petitioner by follorvrng duc procedure laid down under 1aw and conduct sutwey a nd derrLarcate the subject lanrl by fixing boundaries. ,i \ 3 CVBR, J Wp_3197_2025

6. It is settled law that the Survey Department has the authorit5r to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, l3l7 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 speci$zing 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 are fulfrlled, the survey and boundar5r 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.N 1 /6543 I 99, dated 25.07 .2OO 1, Rc.No.N I / 140 8 I 07, d,ated. 13.07.2OO7, and Rc.No.N2l174 1/2OLO, dated 18.O5.2O1O stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time speiified in the said circulars.

7. In view of the aJoresaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents , I It: 4 CVBR, J 't'p 3197 2025 Nos.3 and 4 to examine the petitioner's F-Line application urde No.TTDER022501131813, dated 23.01.2025 subrnitted for conducting survey and demarcation by hxing boundary stones to the petitioner's land to an extent of Ac.1.O0 guntas in Sy.No.439/11 and Ac.1.OO guntas in Sy.No.zt39l12 situated at Pentakalan Village, Bodhan Mandal, Nizamabad District and if the petitioner fulfils all the conditions mentione,l in the circulars issued by the Commissioner, Survey, Settl,:ments and Land Records from time to time, after issuing notices to all lhe persons interested and adjacent pattadars and after considr:ring their objections, respondent Nos.3 and 4 sha1l conrluct surwey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With the above observations, this Writ petitron is disposed of. There shali bc no order as to costs. 9 As a s<:quel, the miscellaneous pelitions pendinq, if any, sha1l stand closed //TRUE COPYII sD/- A. sRt ott',3{l NIVASA REDDY NT REGISTRAR SECTION OFFICER +3i"'iJlfj?fl ,:""?:1gg'Is:'"'"Department,secrerrariat,stareor The District Collector, Nizamabad, Nizamabad Dist., The Tahsildar, Bodhan Mandal, Nizamabad Dist., Telangana State. *iau11x%irYrvevor, Tahs ilda r office, Bod han Mand a t, Niza ma bad District, One CC to SRI p.LAL|THA _l-elangana State. KAMESH, Advocate. [OPL,C] to GP FoR REVENUE, High courr for the srate of retangana. Iflfa?tt Two CD Copies. BSK To, 1 2 3,

4. 5 6 w l ! HIGH COURT DATED:0510212025 (oR rHE STa 14: i 11 FEB ?0?s ( z a .A{i* * sPn rcts ORDER WP.No.3197 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\