High Court · 2025

Judgment

7. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, T.S. The Commissioner Land and Survey CCLA, Hyderabad. The District Collector, Nalgonda District. The Joint Director, Survey Bhavan, Narayanguda Hyderabad. The Assistant Director of Survey and Land Records, Nalgonda District. The Dy.lnspector for Survey, Nalgonda District. The Mandal Surveyor, Munugode Mandal Nalgonda District ...RESPONDENTS

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 inaction of the official respondents in considering appeal application and demarcation and fixations of boundaries in * mee seva vide Application No. A0D022400066938 on 07-11-2o2,tl in respect of land admeasuring Ac.0-20 gts., in survey No 266/o: situated at Munugode Village, IVlunugode Mandal, Nalgonda District to protect the land from the third and land grabbers from illegal dispossession of the petitioner as illegal, unjust, arbitrary, violative of principles of natural justice, consequently direct the respondents to demarcate and fix the boundaries by considering the appeal application vide No. AODO224OOO6693B on 07-11-2024 in re:;pect oi land admeasuring Ac.0-20 gts., in survey No. 266/or situated at Munugode Village, Munugode Mandal, Nalgonda District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumt;tances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to demarcate and fix the boundaries by crlnsidering the appeal application vide No. A0D02?400066938 on 07-1 1-2024 in r'-'spect of land admeasuring Ac.0-20 gts., in survey No. 266/or situated at Munr.rgode Village, Munugode tvlandal, Nalgonda District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI JANARDHAN GOUD SUNKARI Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER , HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3896 of 2025 ORDER: . This writ petition is hled declaring the action of the respondents in not considering the application for Appeals on Demarcation, dated 07 . I I .2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.O.20 guntas in Sy.No.266/Lu of Munugode Village and Mandal, Nalgonda District, as illegal and for other appro.priate relieis. It is stated that the petitioners are the pattadars and 2. possessors of the agriculturai land admeasuring Ac'0'2O guntas in Sy.No.266/Lu of Munugode Village and Mandal, Nalgonda District' It is further stated that the names of the petitioners were reflected in aII the revenue records as pattadars. - It 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 applications for Appeais on Demarcation, dated 07.11.2024 to respondent Nos.4 to 6 5, by paying requisite fee to conciuct survey of the subject land and fix the boundaries' The grievance of the petitioners is that even after receiving the said 2 CVBR, J w1'_3896 2025 applications, the respondent authorities are not conducling survey and fixation oI the boundaries. 3' Considered the submissions of the learned counr;el for the petitioners and learned Assistant Government pleader [c,r Revenue appearing for the respondents and with their consenl this writ petition is disposed of at the admission stage. 4 ' Learned counsel for the petitioners has submittcd that in terms of the circular issued by the Commissioner , Survey, Settlements arrl Land Records, the respondcnts are botrnd to consider the application within 45 days from the cleLte of the appiication after collecting necessary charges. S Learned Assistant Government pleader for Revenue appearing for tl-re respondents has submitted that the r{:spondent authorities will consider the applications submittec by the petitioneis by lollowing due procedure laid down under law and conduct survey and demarcate the subject land iry fixing boundaries. 6- It is settled law that the Survey Department has the authorit5r to conduct survey and demarcate lands in a<,cordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli lAct No. VIII of 1317 Fasli), the Telangana Survey and Boundaries :q'iffi. 3 CVBR, J wp 3896 2025 Act, 1923, and the Rules framed thereunder' The Governmen! h1s issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys' Individuals requesting such surveys are required to submit specific documents,andiftheconditionsstipulatedinthecircularsare fulhlled, the survey and boundary hxation may be conducted' The Commissioner,Survey,settlementsandLandRecords,exercising powers under the Telangana Survey and Boundaries Act, 1923, time vide issued relevant circulars from time to Rc.No.N1/6543/99, dated 25.O7 2OOl, Rc'No'N1/ t4O8l07, d'ated 13.07.2OO7, and Rc:No.N2/ 174l l2OlO, dated 18'05'2010 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 foC the respondents to conduct survey within the time specified in the said circulars. In view of the aforesaid discussion, this Court deems it 7. appropriate to dispose of this writ petition directing respondent Nos.4 to 6 to examine the petitioners' application for appeals on demarcation uide No.AODO224OOO66938, dated 07 'lI'2024' submitted for conducting survey and demarcation by hxing boundary stones to the petitioners' land to an extent of Ac'O'20 , , 4 CVBR, J w1' 3896 2025 guntas in 51 . No.266 /Lu of Munugode Village ar_rc1 Mandal, Nalgonda Dist'ict and if the petitioners fulfil alr the :onditions mentioned in t tre circulars issued by the Commissione r, Survey, Settlements ancl Land Records from time to time, aft,:r issuing nbtices to all the persons interested and adjacent pattirdars and / after considering their objections, respondent Nos.4 to 6 5 shall conduct survey of the aforesaid land, within a period o:. eight (g) weeks from the date of receipt of a copy of this order. t 8 With the above observations, this Writ petition is dir;posed of There shall be nc, order as to costs 9 As a sequel, the misceiianeous petitions pending if any, shal1 stand closr:rl. //TRUE COPY// SD/. V.KAVITHA DEPUTY' REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, T.S.

2. The Commissioner Land and Survey, CCLA, Hyderabad. 3. The District Collector, Nalgonda District. 4. The Joint Director Survey Bhavan, , Narayanguda Hyderabad. 5. The Assistant Director of Survey and Land Records, Nalgonda [.)istrict. 6. The Dy. lnspector for Survey, Nalgonda District. 7. The Mandal Surveyor, Munugode lVlandal Nalgonda District B. One CC to SRI JANARDHAN GOUD SUNKARI, Advocate tOPLlCl 9. Two CCs to GP FOR REVENUE, High Court for the State ol Telangana at Hyderabad [OUT]

10.Two CD Copies BSR 5 HIGH COURT DATED: 1110212025 () I t R [; - ol a/6 1C Atf 206 j () i 'ArCHf- ORDER WP.No.3896 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,d orc4 &2- i"\.\o{