✦ High Court of India · 05 Feb 2025

1. Kankala Ramesh v. 1. The State of Telangana

Case Details High Court of India · 05 Feb 2025
Court
High Court of India
Decided
05 Feb 2025
Bench
Not available
Length
1,315 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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not conducting survey and fixing the boundaries of the 1st petitioner land in Sy.No. 1860/4/1 to an extent of Ac. 2.16 guntas and the 2nd petitioner land in Sy No. 1860/4/2/1 to an extent of Ac. 1.24 guntas situated at Venkatapur Village Shivar, Venkatapur Mandal, Mulugu District is illegal, arbitrary, contrary to the provisions of Telangana State Survey and Boundaries Act 1923 and as well as the fundamental right guaranteed under the constitution of lndia, and L consequently direct the respondents to conduct survey and fix the boundaries of the petitioners of the above said Iand. 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 the survey and fix the boundaries of the 1st petitioner rand in sy No 1860/4/1 to an extent of Ac. 2.16 guntas and the 2nd petitioner rand in sy.No 1860rN2/1 to an extent of Ac. 1.24 guntas situated at Venkatapur Vi'aqe shivar, venkatapur Mandar, Murugu District forthwith pending disposal of the main writ petition. Counsel for the Petitioner: SRI RAMAKOTAIAH KANDALA Counsel for the Respondents: SRt L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER iI 1l HON'BLE SRI JT'STICE C.V.BHASKAR R"EDDY WRIT ON I[o.3 218 of 2o/2s ORDER: This

24.O1.2025 respondents writ petition is filed declaring the action of the ln not considering the F-Line application, dated submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.2.16 guntas Sy.No. l86O/A / I and Ac.t.24 guntas in Sy.No. t86O/A/2/ l srtuated at Venkatapur Village Shivar, Venkatapur Maniat, Mulugu District, as illegal and arbitrary artd for other appropriate reliefs 2 It is stated that petitioner No.1 is the pattadar and possessor of the agricultural land to an extent of Ac.2.l6 gutnas in Sy.No. 1860/4/ I and petitioner No.2 is the pattadar and possessor of the agricultural land to an extent of Ac.l.24 guntas in Sy.No.186O/ A/2/ l, situated at Venkatapur Village Shivar, Venkatapur Mandal, Mulugu District. It is further shted that the names of the petitioners were reflected in all the revenue records as pattadars and the revenue authorities also issued e_pattadar pass books bearing Khata No.23O4 and No.T2418O091322 utd.e uide Khata No.23O5, respectively, under the provtsions of the Telangana Rights in Land and pattadar passbooks T24taoog732a IA 2 CVBR, J wp 3218_2025 AcL, 2O2O. lt is further stated that when the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioners have submitted F-Line application, dated 24.O1 .2025 to respondcnt Nos.4 and S, by paying requisite fee to conduct survey of the subject land and hx the boundaries. The grievance of the petitioners is that even after receiving the said F -Lrne application, the respondent authorities are not conducting survey and fixation of the boundaries.

3. Considered thc submissions of the learned counsel for the petitioners and learned Assistant Government pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

4. Learned counscl for the petitioners has submitted that in terms of the circular issucd by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the applicatior-r within 45 days from 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 aforesaid F-Line application submitted by the petitioners by following due { J CVBR, J wp J2t8 202s procedure laid down under law and conduct survey and demarcate the subject land by hxing boundaries.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisictns of the Telangana Land Revenue Act, t3l7 Fasli (Act No. Vlll of 1317 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, particularly F-Line (lield measurement) suirveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are 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. N I /6543/99, dated 25.07.2OO l, Rc.No.N 1 / l4O8 / 07, dated 73.07.2OO7, and Rc.No.N2/ 174l /2OlO, dated 18.05.201O stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioners fulhl all the conditions of the said circulars, it is an obligation for the respondents to conduct survey within the time specilied in the said circulars. I t 1 l, 4 CVBR, J wp-3218_202s

7. In vieu' of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.4 and 5 to examine the petitioner's F-Line application uide No.TTDERO225O713222a, dated 24.OL.2025 submitted for conducting survey and demarcation by fixing boundary stones to the petitioners' land to an extent of Acs.2.16 guntas in Sy.No. 1860/A/ 1 and Ac.l.24 gunras in Sy.No.1860/A/2/ I situated at Venkatapur Village Shivar, Venkatapur Mandal, Mulugu District and if the petitioners fulfil all the conditions mentioned in the circulars issued by thc Commissioner, Stirvey, Settlements and Land Records from time to time, after issuing notices to all thc persons interested and adjacent pattadars and after considering their objections, respondent Nos.4 and 5 shall conduct survey 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 Petition is disposed of. There shall be no order ars to costs.

9. As a seque l, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/.P. GOWRI SHANKAR AssrsrANr *=v** SECTION OFF]CER To,

1. Ihq Princip^al Secretary, Revenue Department, Secretariat Hyderabad, State of Telangana. Building,

2. The District Collector, Mulugu, Mulugu District. J JL:r,X,"""nr" Divisionat Officer, Mutugu Revenue Division, Mutugu, Mulugu

4. The Assistant Director of Survey and Land Records Mulugu, Mulugu District 5. The Tahsildar, Venkatapur Mandal,Venkatapur Mulugu District 6. One CC to SRI RAMAKOTAIAH KANDALA, Advocate tOpUCl 7. Two CCs to GP FOR REVENUE, High Court for the State of Tetangana at Hyderabad [OUTI

8. Two CD Copies / BSR BS 5 \ \ HIGH COURT DATED: 0510212025 ORDER WP.No.3218 of 2025 \ \ \ ',. S rAI E O,< o a( -) v tl ttB ls o It r. -.' , t I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I I (rrb?i4 L( n)

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