✦ High Court of India · 05 Feb 2025

The High Court · 2025

Case Details High Court of India · 05 Feb 2025
Court
High Court of India
Decided
05 Feb 2025
Bench
Not available
Length
1,272 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 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 43gig extent of 1 acre and in survey no 439/10 extent of 1 acre totaling to an extent of 2 acres in Pentakalan village of Bodhan Mandal, Nizamabad district as illegat, arbitrary, unlawful, 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 439/9 extent of 1 acre and in survey no 439/10 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- LINE Application No.TTDER0225O1 131818, Dt. 23tO112025. IA NO: 10 F 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 directrespondentno3todeputetherespondentno4forconductofsurveyof agricultureLandinSurveyno43g/gextentoflacrearrdinsurveyno439/10 extent of 1 acre totaling to an extent of 2 acres in Pentakalan village of Bodhan Mandal,NizamabadbelongingtothepetitioneraSperF-LlNEApplication Dl. 23-01-2025 TS DHARANI Portal' for conducting No.TTDER022501131818, the survey to fix the boundaries by demarcating the subjest property i.e., extent of Ac.2.0oguntascomprisedin43g/gextentoflacreandinsurveyno439/10 extent of '1 acre totaling to an extent of 2 acres in Pentakalan village of Bodhan Mandal, Nizamabad pending disposal of the above writ pr:tition' Counsel for the Petitioner: P'LALITHA KAMESH Counsel for the Respondents: ASST"GP FOR REVENUF: The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3181 of 2o25 ORDER: This writ petition is Iiled declaring the action of the respondents in not considering the F-Line application, dated 23.OI .2025 submitted by the petitioner seeking for conducting survey ald demarcation of the land to an extent of Ac.1.O0 guntas in Sy.No.439/9 and Ac. 1.00 guntas' in Sy.No.439/ 10 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.439/9 and Ac.1.00 guntas in Sy.No'439/10 situated at Pentakalan Village, Bodhan Mandal, Nizamabad 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.Tl 1O4OO91379 uide K}rata No.6O627 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is further stated that when the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had submitted F-Line application, dated 23.01.2025 to respondent ! 2 CVBR, J Wp 3181 2025 Nos.3 and 4, by paying requisite fee to concluct survey of the subject land and frx 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 learned counsel for the petitioner and learned Assistant Government Pleader fcrr Revenue appearing foI' the respondents and with their consent, this writ petrtion is being disposed of at the admission sta-ge.

4. Learned counsel for the petitioner has submitted that in terms of the circular issued by the Comrnissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days frorr the date of the application after collecting necessary charges.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesa-id F-Line application submitted by the petitioner by follorving duc procedure laid down under law and conduct survey and dem.arcate the subject land by fixing boundaries 3 CVBR, J Wp_3181 202s

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lalds in accordance with the provisions of the Telangana Land 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 speci$ring the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specihc documents, and if the conditions stipulated in the circulars are fulhlled, 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, issued relevant circulars from time to time vide Rc.No.N 1 /654 3 / 99, dated 25.07 .2OO 1, Rc.No.N 1 / 1408 / 07, dated 13.O7.2OO7, and Rc.No.N2/ l74l/2OlO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfrls all the conditions of the said circular, it is an obligation for the respondents to conduct survey 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 directing respondents , I \ L I 4 CVBR, J Wp_318i 2025 Nos.3 and '1 to examine the petitioner's F -Line appli<:ation uide No.TTDERO225O1131818, dated 23.01.2025 subnlitted for conducting survey and demarcation by fixing boundan' stones to the petitioner's land to an extent of Ac.1.OO guntas in 31"No'439/9 and Ac. 1.00 guntas in Sy.No.439/ 10 situated at Pentakalan Village, Bodhan Mandal, Nizamabad District and if the petitioner fulfils all the conditions mentioned in thb circutlars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons intelested and adjacent pattadars and after considering their objections, respondent Nos.3 and 4 shall conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of receiprt of a copy of this order.

8. With the above observations, this writ Petition is clisposed of' There shall be no order as to costs g . As a sequel, the miscellaneous petitiont; pendin g, if any, shall stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY REGISTRAR ASSI ON OFFICER 1 . The Principal Secretary, Revenue Department, Secretariat, State of Telangana, Hyderabad.T.S.

2. The District Collector, Nizamabad, Nizamabad Dist, Telangana State. 3. The Tahsildar, Bodhan Mandal, Nizamabad Dist, Telangana State. 4. The Mandal Surveyor, Tahsildar Office, Bodhan Marrdal, Nizamabad District, Telangana State.

5. One CC to P LALITHA KAMESH, Advocate. [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. ' Tnto CP ec?ier I \ To, w e e HE ii 14 14: 1 ( o 11FtB 20fi o O5Srr/rTCHr! * HIGH COURT DATED:0510212025 ORDER WP.No.3181 of 2025 g J (j DISPOSING OF THE WRIT PETITION WITHOUT COSTS v.

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