Pinnintii Varamma v. The State of Telangana

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 action of the Respondent Nos.4 and 5 in non-considering the Application for Appeals on Demarcation through vide No.AOD0224OOO66949, dated- 08/1 112024 and non-conducting the survey and demarcation on the agriculture land of the Petitioner to an extent of land Ac.1.0950 Gts, in Survey No.131llu3, which is situated at Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District and non-initiating to fix the boundaries to the Petitioner land is illegal, arbitrary, u nconstitutional and violation of Articles 14, 15,21 and 300-A of Constitution of lndia and also I violation of Principles of Natural Justice and consequently direct the Respondent Nos. 4 and 5 to consider the Online Application for Appeals on Demarcation through vide No.AOD022400O66949, dated- 08.11.2024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.1.0950 Gts, in Survey No.'131/Lu3, which is situated at Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District. lA NO: 1 OF 2025 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 Respondent Nos.4 and 5 to consider the Online Application for eppe'ats on Demarcation through vide No.AOD022400066949, dated- O811112024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.1 .0950 Gts, in .Survey No.131/Lu3, which is situated at Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District pending disposal of the Writ Petition. Counset for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIoN No. 3924 of 2o25 ORDER: This writ petition is fited declaring the action of the respondents in not considering the application for Appeals on Demarcation, dated 08. ll.2024 and non-conducting the survey and demarcation of the agricultural land admeasuring Acs.1.0950 guntas in Sy.No.13l/Lu3, siruated at Anantharam Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District, a3 illegal, arbitrary and violative of the Articles 14, lS, 2l and 3OO- A of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioner is [he owner and possessor of the aforesaid agriculture land and his name is recorded as pattadar in all the revenue records. The rcvenue authorities also issued pattadar passbook No.T3OO5O22Ol82 uide Khata No.374 in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks AcL,2O2O. [t is furrher stated that due to abnormal increase of the land price, some of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner has submitted application for Appeals on Dcmarcation, dated I 2 CVBR. J Wp 3928 2025 O8.1I.2024 to respondent Nos.4 and S, by paying requisite fee for conducting survey of the subject land and l-ix thc boundarics. The grievance of the petitioner is that even after rcceiving the said application, the respondent authorities are noI conductin€{ survey and lix the boundaries.

3. Considered the submissions of the learned counsel for thc pctitioners and learned Assistant Government pleader lor Rcvenuc appearing for the respondents and with their consent this writ pe titron is disposed of at the admission stage.

4. Sri Raoplu Bhaskar, learned counsel for the petitioners hzrs submitted that in terms of the circulars issued by thc Commissioncr, Survey, Settlements and Land Records, the rcspondents 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 appcaring for the respondents has submitted that as per the circular instructions issued by the Commissroner, Survey, Settlements and Land Records uide Rc.No.N 1 16543 /gg, datcd 25 07.2O01, Rc.No.N 1/14O8/O7, dated 73.07.2OO7, and I I 3 CVBR- J wp 392E 2025 Rc.No.N2/174ll2OlO, dated 18.O5.20I0, the petitioner has to make F-Line application seeking to conduct Field Measurement Survey before respondent No.S-Tahsildar. Instead of making F- Line application before the Tahsildar, who is competent authority to conduct survey as per the aforesaid circular instructions, the petitioner has straight away made the appiication for Appeals on Demarcation. Learned Assistant Government further submits that i[ the petitioner [rles F-Line application and the said application complies with all the requirements of the said circulars, the respondent authorities will consider the same.

6. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition permitting the petitioner to make F-Line application, duly enclosing the documents and land particulars, which are necessary for conducting survey and in the event of such an application being submitted by the petitioner and if the petitioner fulhls all the requirements mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records flrom time to time, respondent No.S shall conduct the survey, after issuing notices to all the persons interested and adjacent 4 .1 CVI]R, J wp 7928 2025 pattadars and after considering their objections, within a period of eight (f3) u,eeks lrom thc date of receipt of the application.

7. With the abovc observations, this Writ Petition is disposed of. Therc shall br: no order as to costs. U. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/- A. SREENIVASA REDDY ANT REG]STRAR AS To, ECTION OFFICER '1. The Principal Secretary, Revenue Department, Secretariat Building, ^ Secretariat, Hyderabad, Siiteoiieianoa;'-'""" z. rhe Drstrict coflector. yadadri Bhuvanigiri, yadadri Bhuvanagiri District. . ILi,,I:r""ue Divisionar offi;;;-B;:;ii'nidif;"6ij[ion, yadadri Bhuvanasiri 4' TherAssistant Director of survey and Land, Bhuvanagiri, yadadri Bhuvanagiri 5. The Tahsilda r. B huvanag iri.Mandal, yadadri Bhuvanagiri District. 9 9n" CC to SRt nepolti:Hnt-rnn, nor"i'ri"'ioEucf , 8. Two CD Coiies ' REVENUE; iiis['d;; ii'i inJ'st"tu or reransana at Iy3":r3:.,",o".friFoR BSR s \ a l t (-) t ( * rnc S Iz" - .,t ' ? 4liu ?l1s f( ? C aI a .S -a rr:rr(.t HIGH COURT DATED: 12lO2t2O2S ORDER WP.No.392B ot 2O2S DISPOSING OF THE WRIT PETITION, WTHOUT COSTS {9 crq,' *e- ----1e]df/{