✦ High Court of India · 18 Feb 2025

High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,256 words

Petition under Section 1 51 CPC praying that in the cir(;umstances stated in the affidavit filed in support of the petition, the High Court mal be pleased to direct the Respondent No.4 to conduct survey and fix the boundar es of the petttioners land admeasuring Ac.O-08 guntas Sy.No.43/34A, situated ; t Chinna l\ilallareddy Village, Kamareddy frrlandal and District forthwith and by re moving the name of petitioner from the Third Party Entities Caution List from dhe wrbsite of Respondent No.4/Tahsildar, pending disposal of the above writ petition Counsel for the Petitioner: SRl. JEERIPOTHULA SRINIVAS Counsel for the Respondents: SRI L. RAVINDER GP FOR REVENUE The Court made the following: ORDER C $.I\ HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY - WRIT PETITION No.4749 of 2o25 ' ORDER: This writ petition is filed under Article 226 of th-e Constitution of India, seeking the following relief: "...to issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus declaring the action of respondent No.4 in not conducting the survey and fixing boundaries of the petitioner's land admeasuring Ac.0.O8 guntas, Sy.No.43/34A, situated at Chinna Mallareddy Village, Kamareddy Mandal and District in pursuance of the petitioner's application dated 19.11.2024 and declare the same as arbitrary, illegal, unconstitutional and against the principles of natural justice and consequently direct the respondent No.4 to conduct survey and fix the boundaries of the petitioner's land admeasuring Ac.O.08 guntas, Sy.No.43/34A, situated at Chinna Mallareddy Village, Kamareddy Mandal and District in pursuance of the petitioner's application dated 19.ll.2024 and pass..." It is stated that the petitioner is the owner and

2. possessor of agricultura-l land admeasuring Ac.O.0B guntas in Sy.No.43/34A situated at Chinna Mallareddy Village, Kamareddy Mandat his name was mutated in revenue records as pattadar and possessor uide proceedings No.A2l36668 /2017-2, dated 07.O9.2019 and pattadar passbook No.T12090180768 was also issued to the petitioner. It is further case of the petitioner that since the neighboring l I i ! t ! I t , I I I 2 CVBR, J wp-4749_2025 land owner is claiming the subject land belr nged to the petitioner, the petitioner filed F-line application No.DER02240 1109951, dated 18.11.2024 before the respondent No.4 to conduct survey, demarcatio r o1' the land ald for fixation of boundaries in the subject land. The gnevance of the petitioner is that even after receiving the F line application submitted by the pe1 itioner, the respondents have not conducted the survey or'the subject property and has not demarcated the boundaries.

3. Considered the submissions of the learne,l counsel for the petitioner, learryiq Assistant Gorrernment Pleader for Revenue appearing for the respondents an( u,ith their consent this writ petition is disposed of at tlLe crdmission stage.

4. Learned counsel for the petitioner has subrnitted that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents a_re bound to consider the appiication within 45 days from tl.le date of the application after collecting necessary charges. 3 CVBTI. J wpJ1a9 202s

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 survey and demarcate the subject land by fixing boundaries

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, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangala Survey and Boundaries Act, L923, 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 l time vide Rc.No.Nl/6543/99, dated 25.O7 '2OOl, 4 CVBR, J wp-4.749 202s Rc.No.N1/ L4O8l07, r3.o7.20)7, Rc.No.N2/ 174l/2OlO, dated 18.05.2010 stipulating the conditions for conducting survey of private lanrls and as per the said circuiars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the rt spondents to conduct survey within the time specified in the said circulars.

7. In view of the aforesaid discussion, this Ccurt deems it appropriate to dispose of this writ petit on directing respondents No.4 to examine the petitioner's F-Line application No.DtrR0224O1109951, dated 18.11.2024 for conducting survey and demarcation by fixing bo rndary to the petitioner's agricultural land admeasuring Ac 0.08 guntas, bearing Sy.No.43/34A, situated at Chinna Mallareddy Village, Kamareddy Mandal and Kamareddy District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlemer rts and Land Records from time to time, after issuing noti( )es to all the persons interested and adjacent pattadars and after considering their objections, respondent No.4 shall conduct survey of the aforesaid land, within a period of e,ght (B) weeks from the date of receipt of a copy of this order. 5 CVBR, J Wp 4749 7025

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs- 9 . As a sequel, the miscellaleous petitions pending, if any, shall stand closed //TRUE COPY// SD/- L. LAKSHMI BABU S ANT REGISTRAR CTION OFFICER To, 1 The Principal Secretary to Govt. Revenue Departme Secretarlat, HYderabad - 500 022

2.TheDiskictCollector,lntegratedCollectorateComplex,Devanappli' KamareddY - 503 1'14.

3. The Revenue Divisional Officer, Kamareddy Division Local Courthouse' Ashok Nagar, KamareddY - 5031 1 1

4. The Tahsildar, Kamareddy Mandal, Kamareddy - 503 111 5. One CC to SRl. JEERIPOTHULA SRINIVAS Advocate IOPUC] 6.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana louTj

7. Two CD CoPies KKS GJP ( )A' I I l I I I I l I i HIGH COURT DATED:1 810212025 i ORDER WP.No.4749 of 2025 .t-:ii o\r a.;z ,q. $o 1' ) {- 1E Jtjl,l uE .lc-\ !5-o7.11-1if o l' ,i,, l'j ll- I'./ \,e.\:, \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS (* 2n S u)

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