M/s.Surabhi Farms v. State of Telangana

Petrtion under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, particularly the 3rd respondent herein in not conducting survey and demarcation of the land bearing Sy.No.680/2, situated at Gundla Pochampally Village, Ir/edchal Mandal, Medchal-Malkajgiri Drstrict, on the application of the petitioner dated12112l2O24 is illegal, arbitrary, unlust and violation of principles of natural justice and against the provisions of Survey and Boundaries Act, 1923, and the Rules made thereunder, and consequently direct the respondents 2 and 3 to conduct survey and demarcation and fix boundary stones surrounding land of the petitioner bearing Sy.No.680/2 admeasuring Ac.5-00 Gts., situated at Gundla Pochampally Village. Medchal Mandal, Medchal-lvlalkajgiri 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 3rd respondent to conduct survey, demarcation and fx boundary stones surrounding land of the petitioners bearing Sy.No.680/2 admeasuring Ac.5-00 Gts., situated at Gundla Pochampally Village, Medch'ai Mandal, Medchal-lr/alkajgiri District, on the application of the petitioners dated12.12.24. immediately, pending disposal of the writ petition. Counsel for the Petitioner: SRI MOHD MOIN AHMED QUADRI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 a HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PETITION No.4 745 of2025 ORDER: This writ petition is filed seeking to declare the action of respondent No.3 in not conducting survey and demarcation of the land bearing Sy.No.680/2, situated at Gundla Pochampally Village, Medchal Mandal, Medchal-Malkajgiri District, on the application of the petitioner dated 12'12'2024 as illegal, arbitrar5r and violative of the Articles 14' 15' 21'and 3oo-AoftheConstitutionoflndiaandseekingforother appropriate reliefs'

2. It is stated that the petitioner is the owner and possessoroflandadmeasuringAcs'5'0Ogts',inSy'No'6BO/2' situated at Gundla Pochampally Village, Medhcal Mandal' Medchal-Malkajgiri District, having purchased the salne under registered sale deed document No' 1108 of 2018' dated 19.01.2018 and its narne was mutated in revenue records as pattadar and possessor uid'e proceedings No'H_1427 l2Ol9' e-pattadar passbook dated 06.03.2019, and No.T0610o26084gwasalsoissuedbyallottingsub-division l I 2 CVBR, J wp_4745_2025 No.68O/2 to the petitioner. It is further case of ihe petitioner that since part of boundaries of subject land were erased and boundary stones were removed, and as the neighbouring iand owners are trying to encroach into the subject La.nd belonged to the petitioner, the petitioner filed F-line application No.DERO223OO882256, dated 12.12.2024 before the respondents to conduct survey and demarcation of the land and for fixation of boundary stones surrounding the subject land. The grievance of the petitioner is that even a_fter receiving the F-line application submitted by the petitioner, the respondents have not conducted the survey crf the subject property ald has not demarcated the boundaries

3. Considered the submissions of the learnecl counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition 1S disposed of 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 3 CVBR, J Wp 4745_2O25 consider the application within 45 days from the date of the application after collectrng necessary charges.

5. Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F_Line application submitted by the petitioner by following due procedure laid down under law and conduct surwey and demarcate the subject land by fixing boundaries.

6. It is settled law that the Survey Department has the authoritlr. to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of l3IZ 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 boundar5r fixation may be conducted. The Commissioner, Survey, Settlements and Larrd CVBR. J Wp 4745 2025 - \ Records, exercising powers under the Telalgana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No.N1/6543/99, dated 25.07.2OO1, Rc. No.N 1 / l4OB /07 ,

13.07 .2OO7 , Rc.No.N2/ 1741/2OIO, dated 18.05.20i0 stipulating the conditions for conducting survey of private lands; and as per the said circulars, if the petitioner fulfils all the <:onditions of the sajd circular, it is an obligation for the respondents to c-onduct survey within the time specilied in the saLd circulars.

7. In view of the aJoresaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents No.3 to examine the petitioner's F-Line application No.DERO22300882256, dated 12.',2.2024 for conducting survey and demarcation by fixing boundary stones to the petttioner's land admeasuring A.c.5.0O gts., bearing Sy.No.68O/2, situated at Gundla Pochampaliy Village, Medchal Mandal, Medchal-Malkajgiri 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 after ) ll. , 5 CVBR, J Wp_4745_2025 considering their objections, respondent No.3 shall conduct survey of the aforesaid land, within a period of eight (g) weeks from the date of receipt of a copy of this oider.

8. With the above observations, this Writ petition is disposed of. There sha-ll be no order as to costs 9 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. P.Ch. NAGABT{USHAMBA ASS STANT REGISTRAR SECTION OFFICER

1. The Principal Secreta ry, Revenue Department, Se Telangana, Hyderab ad The Distri ct Collector, Medchal-M ri District. a The Tahs ildar, I\/edchal lr,ilandal M al-Malkajgiri District. One CC to Sri Mohd Moin Ahm ed Quadri, Ad vocate [OPUC Two CCs to GP for Revenue High Court for the State of Telangana, at Hydera bad [OUT] Two CD Copies lkajgi riat, State of To, 2 3 4 5 o- TJ GJP u(L HIGH COURT DATED:1 810212025 i ) ORDER WP.No.4745 of 2025 I T o(, fr I t] -',: it25 ?. $ P 7 a A ') -. ii'o;,'ci-,':c "a+ * DISPOSING OF THE WRIT PETITION WITHOUT COSTS