✦ High Court of India · 24 Feb 2025

Vangala Parandamulu v. THE STATE OF TELANGANA

Case Details High Court of India · 24 Feb 2025
Court
High Court of India
Decided
24 Feb 2025
Bench
Not available
Length
1,120 words

Petition under Artlcle 226 ol lhe Constitution of lritfi'd praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue one in direction Writ of Mandamus, declaring the in action of the Respondent No.2 to 5 not conducting the Survey in the Petitioner's land in Sy No. 33/A to an extent of Ac. 4.13.gts., situated at lslampur village, Gangadhara Mandal of Karimnagar District is illegal, irregular and improper and violation of principles of natural justice and also violative of Articles 14,21 and 300-4 of Constitution of lndia and consequently dispose the Petitioner s Online application F-Line Petition vide No. DERO225O1126402 dated 0610112025 through Meeseva Counsel for the Petitioner: SRl. BOOSA SHIVACHANDRA Counsel for the Respondents: SRI L. RAVINDER AGP FOR REVENUE ') -[ ul"'. HON'BLE SRI JUSTICE C.V.BHASKAR REDDY. WRIT PETITI ON No.542O of 2O2S- ORDER: This u,rit perition is filed under Articj e 226 of the Constitution of India, seeking the following relief: "...ro issue one in direction Writ of Mirndamus, declaring the in action of the respondent Nos 2: to 5 not conducting the Survey in the petitioner,s lancl in Sy.No. 33/A to an extent of Acs.4.13 gts., situated at Islampur Vitlage, Gangadhara Mandal of Karimnagar L)istrict is illegal, irreeular and improper and violatiJn of principles of natural .;ustice and also violative ol Articles it, 2l and 3O0-A of Constitution of India and consequenrl./ dispose the petitioner's Online application F Line petitiorl. uid.e No. DER02250 1 126402, dated 06/Otl2O25 through Meeseva and to pass... "

2. It is stated that the petitioner is the owner and possessor of land admeasuring Acs.4. 13 guntas in Sy.No.33y,l\, situated at Islampur Village, Gangadhara Mandal, Karimnagzu. District. It is the case of the petitioner that due to the revolutionary reforms and purges made by the Government of Telangana, the land rates had spiked exponentially, in view of the same, the petitioner has iiled F-line application No.DERO22SO 1 126402, dated 06.O1.2025 before the respondents to conduct survey a_nd demarcation of the land and for hxation of bounrlarJz stones surrounding the subject land. The grievance of the oetitioner is that even after r.eceiving the F-Iine application submitted bv the 2 CVBR, J Wp 5420 2O25 petitioner, the respondents have not conducted the survey of the subject land and has not demarcated the boundaries.

3. Considered the submissions of the learned counsel for the petitioner, learned Assistant Government pleader for Revenue appearing for the respondents and with their consent, this writ petition is 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 consider the application within 45 days from the date of the application after collecting necessaq/ 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 survev 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 Lald Revenue Act, 73lZ -7 \ \ 3 CVBR, J Wp_5420_2025 Fasli (Act No. VIII of l3l7 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, particularlv F-Line (field measurementi surveys. Individuals requesting such surveys are required to su bmit specific documents, and if tlhe conditions stipulated in the circulars are fulfrlled, the survey and boundar5r fixation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powe rs under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No.N7/65,13/99, dated

25.07.2OO1, Rc.No.N1/14OBl07, dated 13.07.2OO7, and Rc.No.N2/ 1741 l2OIO, dated 18.05.2010 strprulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfrls all the con<litions of the said circular, i-t is an obligation for the respondents to conduct survey within the time specifred in the said circularrs. 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition direcling respondent Nos.2 to 5 t o examine the petitioner's F-Liner application No. DER0225O l 126 4O2, dated O6. O 1 . 2O2 5 for conducting survey CVBR, J wp 5420_2025 \! and demarcation by hxilg boundary stones to the petitioner,s Iand admeasuring Acs.4.13 guntas in Sy.No.33/A, situated at Islampur Village, Gangadhara Mandal, Karimnagar District and if the petitioner fullils a,ll 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 considering their objections, respondent Nos.2 to 5 shall conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. L. LAKSHMI BABU AS IS NT REGISTRAR ECTION OFFICER THE Principal Secretary Revenue Dept. Secretariat, Hyderabad. The District Collector, Karimnagar District, Telangana State. The Asst. Director Survey and Land Records, Karimnagar District, Telangana State. To,

4. The Tahsildar, Gangadhara village and IVlandal. Karimnagar District. 5. The Mandal Surveyor, Gangadhara village and Mandal. K-arimnagar District. 6. oneccto. SRl. BOOSA SHTVACHANDRA Advocate topucl 7 Two CCs to GP FOR. REVENUE ,High Court for the State of Telangana. GJP &, Two CD Copies

8. KKS .: l\ 1r HIGH COURT DATED:2410212025 ORDER WP.No.5420 of 2025 aA \ i rlE f i4, i:\ ( c iZ 3 APH 2tj25 Jr ' '.1P{ \_.i=,- rC uftl) ( c I {. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \

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