ylLil 1"!!19 v. '1. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus the action of the respondent No. 3 and 4 in non-considering the F-Line application vide No. DERo224o11o4g74 dated 28-10-2024 and non-initiating to conduct the survey and subdivision on the petitioners land admeasuring Ac.2- 29Gts in Sy. No.36/4, admeasuring Ac.0-37cts in sy. No.44lc total to an extent of Ac.3-26Gts which is situated at Keshavapur Village shivar of Rayaparthi Mandal, warangal District basing on F-Line application is illegal and arbitrary and also in violation of Articles 14, 1s,21 and 300-4 of the constitution of lndia and also violation of Principles of Natural Justice and consequenfly direct the respondent No. 3 and 4 to conduct the survey and subdivision in the said land basingonPetitionersF-lineapplicationvideNo.DER022401104974dated28-10- 2024 IA NO: 10F 2025 PetitionunderSectionl51CPCprayingthatinthecirctlmstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 3 and 4, basing on F-Line application No DER022401104974 dated 28-10-2024 to conduct the survey and subdivision in respect of the Petitioner's land admeasuring Ac.2-29Gts in Sy' No' :16/A' admeasuring Ac.0-37GtSinSy.No.44lcto|altoanextentofAc.3.26GtswhichisSituatedat Keshavapur Village shivar of Rayaparthi Mandal' Warang al District pending disposal of the writ Petition Counsel for the Petitioner: SRl. VADLAKONDA RAVI KUMAtt REDDY Counsel for the Respondents: SRI L. RAVINDER AGP FOR FIEVENUd The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY trIRIT PETITIONNo.4O4O of 2025 ORDER: . This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated 28.10.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.2.29 guntas in Sy.No.36/A and Ac.0.37 guntas in Sy.No.44/c, situated ar Keshavapur Village Shivar of Rayaparthi Mandal, Warangal Districl as illegal, arbitrary and violative of the Articles 14, 15,21 and 3O0-A of the Constitution of India and for other appropriate reliefs.
2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Acs.2.29 guntas in Sy.No.36/4, and Ac.O.37 guntas in Sy.No.44/c, situared at Keshavapur Village Shivar of Rayaparthi Mandal, Warangal District, along with other 1ands. 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.'f22l2OO2O1ZO uide Khata No.313 under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O. It is further stated that when the neighbouring land owrtqls have started diserrllng the boundaries of the subject land 2 CVBR, J \tt'p_4040 2025 and as sucl'r, the petitioner had submitted F-Line application, dated 28.1O.2024 to respondent Nos.3 and 4, by paying requisite fec to conduct survey of the subject l,rnd and hx the boundaries. The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are nol conducting survey and fixation of the boun,laries.
3. Considerecl the submissions of the learned coutrsel lor the petitioner and learned Assistant Government Pleader lbr Revenue appearing fo r the respondents and with their crlnserrt this writ petition is disposed of at the admission stage.
4. Learned counsel for the petitioner has submitt.ed that in terms of l.h e circular issued by the Commis,sionr,:r, Survey, Settlements and Land Records, the respondentrl ar(r bound to consider the application within 45 days from ,he <late of the application after collecting necessary charges.
5. Sri L.Ravinder, learned Assistant Governntent Pleader for Revenue appearing for the respondents has suL mitttrd that the respondent authorities will consider the a oresaid F-Line application submitted by the petitioner by following du,.: procedure iaid do,,r,n under law and conduct survey and denrarcate the subject land by fixing boundaries 3 CVBR, J Wp a040J02s
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, i 317 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 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, dated 2S.O7.2OOt, Rc.No.Nl/14Oa/OZ, dated t3.O7.2OOT, and Rc.No.N2l 1741/2OtO, dared 18.OS.2OrO stipulating the conditions for conducting survey ol_ private lands and as per the said circulars, if the petitioner furrrls au 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 petition directing respondents .1 CVBR' J Wp-1040 2025 Nos.3 and 4 to examine the petitioner's F-Line aitplication uide No.DER0224( )'''l(4g74' dated 2a'rc'2)24 submilted for conducting survey and demarcation by frxing boundary stones to the petitioner's land to an extent of Acs'2'29 guntas in Sy'No'36/A 'and Ac.O'37 guntas in Sy'No'44/c' situated at Kes ravapur Village Shivar of Rayaparthi Mandal' Warangal District and if the petitioner fulfils all the conditions mentioned i -r thc circulars issued bl' the Commissioner' Survey' Settlemr:nts and Land Records from time to tlme' after issuing notices trl all t'he persons interested and adjacent pattadars and after consiclering their objections, r'espondent Nos'3 and 4 shail concluct survey of the aforesaid land' within a period of eight (8) weeks frorn the date of receiPt of a coPY of this order' this Writ Petition is disPosed of
8. With the above observattons' There shall be no order as to costs' g. As a seque 1, the miscellaneous petitions pending' if any' shall stand closed /TTRUE COPY// AS D/- N. SRIH ARI REGISTRAR ON OFFICER To, I I f *.'*5$Yf,,iH**-ffi'*'$':it*h* touTl z. two CD CoPres KKSw p' "' HIGH COURT DATED:1 210212025 ORDER WP.No.4O40 of 2025 1=- ,. ".t i,i] f1'{l'-:jf4 ) ) ) [tFEU[6
6.r z o.\ .d * n e't . t, df,.,i \ )I" .i .-.-::.E,: DISPOSING OF THE WRIT PETITION WITHOUT COSTS {e,,rb 1O 9:* f5\v\