✦ High Court of India · 10 Feb 2025

lmran Mohi Uddin v. 1. The State of Telanoana

Case Details High Court of India · 10 Feb 2025
Court
High Court of India
Decided
10 Feb 2025
Bench
Not available
Length
1,330 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, one in the nature of writ of Mandamus or any other appropriate writ Direction or order, declaring the action of the respondents in not conducting the survey and not fixing the boundary stones of totat land admeasuring Ac.02- 15 Guntas in survey No.691 Null for an extent of Ac.0-1500 guntas, in Survey No. 691A,rul2/1 for an extent of Ac.0-0100 guntas, in survey No.691lYul2l2lor an extent of Ac.1-3900 guntas, situated atMankhal Village, I 7 Maheshwaram(M) Mandar, Kandukur Division, Rangareddy District even after submitting the prescribed Form F-Line and dury paying the requisite amount of Rs 295r- in the meeseva bearing Apprication No.DER02240 1120699 as iregar, arbitrary and viorative of principres of naturar justice, and consequenfly direct the respondents 5 to g to conduct the survey and fix the boundaries of the totar rand admeasuring Ac.02-i5 Guntas in survey No.691 tvull for an extent of Ac.0-1500 guntas, in survey No. 6g1tvut2l1for an extent of Ac.0-0100 guntas, in Survey No. 691tVut2r2tor an extent of Ac.1-3900 guntas, situated at Mankhar Virage, Maheshwaram(M) Mandat, Kandukur Division, Rangareddy District. lA NO: 1 OF 2025 Petition under section 15'r 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 5 to B to conduct the survey and fix the boundary stones of rand admeasuring Ac.02- 15 Guntas in survey No.6g.l Nut.l for an extent of Ac.0_1500 guntas, in survey No. 6g 1/Vu/2/rfor an extent of Ac.0-01,0,guntas, in survey No'691Nur2r2for an extent of Ac.1-3900 guntas, situated at Mankhar Viflage, Maheshwaram(M) Mandal, Kandukur Division, Rangareddy District, pending disposal of the above writ petition. Counsel for the petitioner: SRI K. KIRAN KUMAR counsel forthe Respondents: sRr L RAVTNDER, AGp FoR REVENUE The Court made the following: ORDER I I I I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3677 of 2o25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated

79.12.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.O.lS guntas in Sy.No.691/6/1; Ac.O.O1 guntas in Sy'No.69 1/6/1 and Ac.1.39 guntas in Sy.No.691/d/2/2 situated at Mankal Village, Maheshwaram Mandal, Ranga Reddy District, as illegal,

2. arbitrary and consequently, prayed for other appropriate reliefs. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Acs.O.l5 guntas in Sy.No.69 1/6/1; Ac.O.O1 guntas in Sy'No.69 1/6/1 and Ac. 1.39 guntas in Sy.No.691/ elZt/Z situated at Mankal Village, Maheshwaram Mandal, Ranga Reddy 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.T051601636O8 uide Khata No.61876 under the provisions of the Telangana Riglrts in Land and Pattadar Passbooks Act,2O2O. It is further sta?Ed that due when the neighbouring land owners have I l CVBR, J wp-3677 2025 started disturbing the boundaries of the subject land and as such, the petitioner had submitted F-Line application, dated

19.12.2024 to respondent Nos.4 to 8, by paying requisite fee to conduct survey of the subject land and lix 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 for Revenue appearing for the respondents and with their consent this writ petition is disposed ol at the admission stage.

4. Learned counsel for the petitioner has submitted that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application 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 resfondent 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 b-v fixing boundaries. I CVBR, J Wp_3677 _2025 It is settled law that the Survey Department has the

6. authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, i317 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 specifying 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 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.Nl/6543/99, d,ated

25.07.2OO1, Rc.No.Nl/ 1408107, dated 13.07.2OO7, and Rc.No.N2/ 1741 l2OIO, dated 18.O5'2O10 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 specified in the said circulars.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ pe tition directing respondents I I I Y I t E-- 4 CVBR, J wp 3677_2025 Nos.4 to 8 to examine the petitioner's F-Line application uide No.DER0224Ol120699, dated 19.12.2024 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner's land to an extent of Acs.O. 15 guntas in Sy.No.691/6/1;Ac.0.Ol guntas in Sy.No.69il6/l and Ac. 1.39 guntas in Sy.No.691ldl2l2 situated at Mankal Village, Maheshwaram Mandal, Ranga Reddy District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and aftgr considering their objections, respondent Nos.4 to 8 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 as to costs. 9. As a scquel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// 'i;tiuHIi'A:t'3FRlX I J SecrioN oFFrcER- | 1 . The Principal Secretary' Revenue Department' Secretariat' The State of ziiliiYifi?i3}t:"1?,il'*w.l5"",tlR:',l[:i;ddyDistrict i Tffi Ali[ 3,l3 rT li"T:l 5ir# : ?:j h ;;i"'i' o i vi'si o"-' n Jn s a red d v D istri ct 5. The Tahsitdar, trlanesnwxili.rjril)'rrrtu"ort, RangareddvDistrict' 6. Assistant Director tt'*l? Iill' i-lna-tggoiqt1' Rangar6ddv District 7 The Deputv lnspector t#"i'S'ii"vl' klnoui<uru Division ' Rangareddy ,?i'J'lfil"o,surveyor,yiff T;ll1iilt,F;jti:,::ffi ffj::::, ?a ?'lS 33i%;"fl1$Hl To, #. HIGH COURT DATED:10102t2025 1 oa IHE s I.( o o 11 FcB 2W 'a li :,1 .sP4rcHEO * ORDER I I WP.No.3677 ol 2025 DISPOSING OF THE WRIT PETITTON WITHOUT COSTS \

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