✦ High Court of India · 06 Feb 2025

High Court · 2025

Case Details High Court of India · 06 Feb 2025
Court
High Court of India
Decided
06 Feb 2025
Length
1,279 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 a writ order or a direction, more particularly one in nature of Writ of Mandamus directing the Official Respondent No. 3 to consider the online F- line petition dated 28.'l 1.2024 vide Application No. DER022401123934 submitted through the TS online and conduct Survey of the Petitioner's agricultural land and demarcate boundaries for the Petitioner's agricultural land in Sy.No. 538/B/'l (Old No.538/B/A1) to an extent of Ac.3-1 1 guntas and in Sy.No. 538/8/2 (Old No.538/B/AA2) to an extent of Ac.3-'l'l guntas situated at Goudavalli Village, Medchal Mandal, Medchal-Malkajgiri District, Telangana State and also declaring the highhanded action of the respondents in not considering the F-line application mentioned above and not conducting the survey as arbitrary, unjust and violative of Articles 14, 21 and 300-,q of the Constitution of lndia- lA NO: 1 OF 202s 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 direct the official Rc'spondent No. 3 to consider the online F-line petition dated 28.11.2024 vide Application No. DER0224o1't23934 submitted through the TS online and conduct survey of the Petitioner's agricultural land and demarcate 'boundaries for ther Petitioner's agricultural land in Sy.No. 538/8/1 (Old No.538/B/A1) to an extent of Ac.3-i 1 guntas and in sy.No. 538/8/2 (old No.538/B/AA2) to arr extent of Ac.3-1 1 guntas situated at Goudavalli Village, Medchal Mandal, lvledchal-Malkajgiri District, Telangana state, pending disposal of the writ petition in the interest of equity of justice. Counsel for the Petitioner: M/s. OM LAW FIRM Counsel forthe Respondents: SRI L.RAVINDER, AGp FOR REVENUF The Court made the rfollowing: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIO N No.344O of 2025 ORDER: . This writ petition is Iiled declaring the action of the respondents in not considering the F-Line applicatiori, dated 28.17.2024 submitted by the petitioner seeking for conducting survey and demarcation of the lands to an extent of Acs.3.l l guntas in Sy.No.S38/B/t (Otd No.538/B/A1) and Acs.3.11 guntas in Sy.No.538 /B/2 (Old No.S38/B/AA2, situated at Goudavalli Village, Medchal Mandal, Medchal_Malkajgiri District, as illegal and arbitrary and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculturar land to an extent of Acs.3.1 l guntas in Sy.No.538 /B/ 1 (Otd No.538/B/Al) and Acs.3. t 1 guntas in Sy.No.538 /B/2 (Old No.538/B/AA2, situared at Goudavalti Village, Medchal Mandal, Medchal_Malkajgiri District, having purchased the same through registered sale deeds bearing document Nos. 15222 arrd rs223 of 2004, dated 04.I7 .2OO4. It is further stated that the name of the petitioner has been mutated in all the revenue records as pattadar and the 2 CVBR, J Wp 3440 2025 revenue autl-rorrties also issued pattadar pass book bearing No.44O985 z,ide Patta No.1198 under the provisions of the Telangana Rights in Land and Pattadar Passbooks A<:t, 1971 and the Rules made thereunder. It is further stated that when the neighbo,-rring land owners have started disturbing the boundaries of the subject land and as such, the petitroner had submitted F'-Line application, dated 2A.ll .2O2,+ to respondent No.3, by paying requisite fee to conduct survey of the subject land and lu< lhe boundaries. The grievance of the petil.ioner is that even after receiving thc said F-Line application, the respondent aJthorities are not conducting survey and fxation of the boundarics.

3. . Considered the submissions of the learnecl counsel for the petitioner and learned Assistant Government Pieader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the adm:Lssion stage.

4. Learne<l counsel for the petitioner has stLbmitted that in terms of the circular issued by the Commissioner, Survey, Settlements end Land Rccords, the respondenl.s are bound to consider the application within 45 days from the datc of the application zrfter collecting necessary charges. : 3 CVBR, J Wp_3440_2025

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 petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by {ixing boundaries.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue nct, t31Z Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries AcL, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions [or conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specihc 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.N1/6543 / 99, dated dated 13.O7.2OO7, and

25.O7.2OOt, Rc.No.N1/ l4O8 I 07, Rc.No.N2/ 1741 /2OtO, dated

18.05.20 10 stipulating the 4 CVBR, J Wp _344O 2025 conditions lbr conducting survey of private larLds and as per the said circuleLrs, if the petitioner fulhls all the conditions of the said circutar, it is an obligation for the respondents to conduct survey u,ithrn 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 direr:ting respondents No.3 to e;<amine the petitioner,s F-Line application uide No.DtrR0224O1123934, dated 28.t7.2024 submitted for conducting survey and demarcation by hxing boundary slones to the petitioner's land to an extent of Acs;.3.1 I guntas in Sy.No.538iEt/1 (Old No.538/B/Al) and Acs.Xll guntas in Sy.No.5387El/2 (Old No.538/B/AA2, situate,l at Goudavalli Village, Med,:hal Mandal, Medchal-Malkajgiri tristrict and if the petitioner lulhls all the iSnditions mentioned in the circulars issued b1, the Commissioner, Survey, Settlernents and Land Records frorn time to time, after issuing notices tc, all the persons ir-rtelested and adjacent pattadars and after considering their object.ions, respondent No.3 shall condu:t survey of the aforesaid land, within a period of eight (g) weel<s from the date of receipt of a. copy of this order. i ) 5 CVBR' J Wp 3440 2025 With the above observations' this Writ Petition is disposed 8 of There shaii be no order as to costs As a sequel, the miscellaneous petitlons pending, if anY' I shali stand closed' SD/.K. AMMAJI AsslsT TREGISTRAR /TTRUE COPY'/ E TION OFFTGER To,

1. The Secretary' DePt 2. The District Cott""tot ' of Revenue, secretariat, Hyderabad, state ofrelangana' District' Telangana State' M"O"hal-Malkajgiri Mandar' Medchar' . il:i-.u?lg?1.:,Tiil;;:tg?J:* "'''.'^"^, :."0*'' 4. One CC to M/s' OM LAW FIRM' Advocate [OPUC] , REVENUE' Hish Court for the state of Telansana at IVS":r"r:JiGPJoR I I I i

6. Two CD CoPies s BSR BS HIGH COURT CVBR, J DATED: 0610212025 rrlE lri! ,(-,^ ( q 3 li fti; Tiii ORDER WP.No.344A ot 2O2S :- ,?, '(-: i-,, r( l DISPOSING OF THE WRIT PETITION, WITHOUT COSTS eq" \

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