Praveen Kumar Patil v. Th6 State of Telangana

Petition under Article 226 oI lhe 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 or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Re'spondents not conducting the survey and not demarcating the Petitioner's lands and not fixing the boundaries in Sy.No.219 /A admeasuring Ac.0-24gts, situated at Badepalli Village, Jadcherla Mandal, Mahaboobnagar District, Telangana State, despite receiving the Application vide No.DERO22401055717 dated 27-05.2024 is illegal, arbitrary in violation of principles of natural justice and in violation of Articles 14 and 21 of the Constitution of lndia and also against the equity and consequently direct the Respondents to conduct the survey and demarcate the Petitioner's lands by fixing the boundaries in Sy.No 219lA admeasuring Ac.0-24gts, situated at Badepalli Village. Jadcherla Mandal, Mahaboobnagar District, Telangana State. lA NO: 'f OF 2025 Petition under Section 151 CPC praying that in the cirr;umstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the Respondents to consider the online Application of the Petitioner vide App1.No.DERO22401055717 dated 27.05.2024 and conduct the survey and demarcate the Petitroner's lands by fixing the boundaries in Sy.No.219lA admeasuring Ac.0-24gts situated at Badepalli Village. Jadcherla Mandal, Mahaboobnagar District, Telangana State, pending disposal of the Writ Petition. Counsel for the Petitioner : SRI L.BHARGAVAKRISHNA Counsel for the Respondents: ASST GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI WSTICE C.V.BHASI(AR REDDY - IlrRrT PETITION No.37 96 of 2o25 ORDER: . This writ petition is hled declaring the action of the respondents in not considering the F-Line application, dated 27 .O5.2O24 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.O.24 guntas in Sy.No.219/A of Badepalli Viltage, Jadcherla Mandal, Mahaboobnagar District, as illegal, arbitrary and violative of the Articles 14 and 21 of the Constitution of India and for other approPriate reiiefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.O.24 guntas in Sy.No.2 f 9/A of Badepalli Village, Jadcherla Mandal, Mahaboobnagar 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.TO1100210406 uide Khata No.i256 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 202O. It is further . stated that when the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petiti# had submitted F-Lrne application, d,ated 27.O5.2O24 2 CVBR. J wp 3796 2025 to respondent No.5, by paying requisite fee to con<lrrct survey of the subject land an<1 hx the boundaries. The grievance of the petitioner is that even after rcceiving the said F..t,ine application, the respondent authorities are not conducting survey and hxation of the boundaries.

3. Considered the submissions of the learnecl counsel for the petitioner and learned Assistant Government ple.rler for Revenue appearing for the responden ts and with their consent this writ petition is disposed of at the admission stage.

4. Learned counsel for the petitioner has sutrmitted that in terms of the circular issued by the Commisr;ioner, 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 chargcs.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has subrnitted that the respondent authorities will consider the afcrresaid F-Line application submitted by the petitioner by following due procedure laid do*n under iaw and conduct survey and demarcate the subject land b-v fixing boundaries 3 CVBR, J wp_3796_2025

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 Act, l3l7 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 (field measurement) surveys. Individuals requesting such surveys are required to submit specilic documents, and if the conditions stipulated in the circulars are fulfrlled, 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 lrom time to time vide Rc. No. N 1 /654 3 / 99, d,ated. 2S.OZ .2OO 1, Rc.No. N 1 / 1 40 B / OZ, dated 13.O7.2OO7, and Rc.No.N2l t74t l2OtO, dated 18.OS.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 for the respondents to conduct survey within the time specilied 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 I I I I I ) i 4 .2. CVBR, J Wp 3796 202s No.5 to examine the petitioner,s F_Line €rpplication uid-e No.DER02240 |OSSZ lZ , dared 2Z .O5.2O24 submitred for conducting strrvev and demarcation by fixing bot1n616O stones to the petitioner's land to an extent of Ac.O.24 guntas; in Sy.No.2l9/A .of Badepalli Village, Jadcherla Mandal, Mahaboobnagar District and if the petitioner rulfils all the conditions rnentioned in the circulars issued by the Commissioner, Survey, liettlements and Land Records from time to time, after issuing Lrctices to ail the persons interested and adjacent pattadars and after considering their objections, respondent No.5 shall condur.t survey. of the aforesaid 1and, within a period of eight (g) weeks 1iom the date of receipt of a copy of this order. B With the above observations, this Writ petiti()11 is disposed of There shall be no order as to costs

9. As a sequel, shall stand closed. the miscellaneous petitions F)ending, if any, //TRUE COPYII SD/. L. LAKSH I BABU ISTRAR ASSISTANT R To, SECTION OFFICER I

1. The Principal Secretary; Revenue Department, State of Secretariat Buildings Hyderabad -l-elangana,

2. The District Collector, Mahaboobnagar District, Telanganra State 3. The Director, Survey and Settlement, Mahaboobnagar Dirjtrict 4. The Revenue Divisionar officer, Mahaboobnagar Division, Mahaboobnagar District, Telangana State

5. The Tahsildar, Jadcherla [r/andal, Mahaboobnagar District, Telangana _t

6. One CC to SRI L.BHARGAVAKRISHNA' Advocate' [OPUC] 7. Two CCs to GP FOR REVENUE' High Court for the State of Telangana' touTl

8. Two CD CoPies. BSK GJP *rrs- HIGH COURT DATED:1 110212025 , I ORDER WP.No.3796 of 2025 q (i L 1r]E S rhl r)t1 ( fl3 APB 2[[ )t\ ,-sn,,;gxt-\\ I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\.'