✦ High Court of India · 27 Feb 2025

1. Smt. Kvasaram Lakshmamma v. The State of Telangana

Case Details High Court of India · 27 Feb 2025
Court
High Court of India
Decided
27 Feb 2025
Bench
Not available
Length
1,326 words

Petition under Article 226 o'f lhe 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 or Direction or Order, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents in not making survey in Survey no.512 of Damargidda village and Mandal, Na- ayanpet District as illegal, arbitrary in violation of the provisions of Telangana -- Survey and Boundaries Act and Telangana Land Revenue Act, Board Standing 34 A and in violation of principles of natural justice and against all the settled principles of law and consequently direct the 3rd respondent to initiate action by directing the Respondent no.4 to conduct survey of land in Survey no. 512 situated in Damargidda village and Mandal, Narayanpet District. IAN O: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 initiate action on the application of Appeal on Demarcation dated 28-08-2024 vide application no.A0D022400065529 made by the '1st petitioner for conduct of survey and for demarcation of boundaries in survey no.512 of Damargidda Village and Mandal, Narayanpet District in accordance with provisions of Telangana Survey and Boundaries Act and Telangana Land Revenue Act and Board Standing Orders, pending disposal of main Writ Petition. lA NO: 2 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 stay of the survey and Demarcation Report dated 14-08-2024 ol lhe 6th Respondent of Survey no.51 1 of Damargidda villaga and Mandal, Narayanpet District, pending disposal of main Writ Petition. Counsel for the Petitioner : SRI R.VISHNU VARDHAN REDDY Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.5953 of 2025 ORDER: . This Writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ".. t9 gs_ue an appropriate Wit or Direction or ()rder more porticularlg one in the nature of Wit of Mandamus declaing the i1_ocjiol of the Respondents in not making surueg in Sirueg No.512 of Damargidda Village and Mandat, tioogonp;t Djstncl as illegal, arbitrary in utolation of.the proutsions of ieLingana Suruey and Boundaries Act and Telangana Land. keuenuJ Act Boar-d Standing Orders 34A and in ublation of pinciples of natural justice and against all the sented priicipbt of bw and. consequentlg direct the 3,a respondeit to initiati action by directing respondent No.4 !o- _conduct suruey of land. in Survelg no.Sl2 situated in Damargidda Viltage and, Naraganpit District.. . ." "Ma'ndal,

2. It is stated that the petitioners are the owners €rnd possessors of various extents of lands in Sy.No.S12 situated at Damargidda Village arrd Mandal, Narayanpet District. It is the case of petitioners that acting on the application submitted by the adjacent pattadar of the land in Sy.No.Sl l, respondent No.6 has conducted survey and fixed boundaries of Sy.No.Sl1 including part of the land in Sy.No.S12 belonging to the petitioners, and submitted a report, dated 14.Og.2O24. Aggrieved by the said report, it is stated that the petitioners have fired an appeal for re-survey and demarcation of the lands vide J I I I 2 --] Application No.AODO2240OO6SS29 dated 2a.O8.2O24. It is stated that as per the circu,lar instructions issued by the Commissioner, Survey Settlement and Land Records, an appeal has been provided against the survey conducted by the Mandal Surveyor to th<: Revenue Divisional Officer and second appea.l is provided to the Assistant Director, Survey Set ement and Land Records.

3. Considered the submissions of the learned counsel for the petitioners, Iearned Assistant Government pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

4. 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 t^and Revenue Act, r3L7 Fasli (Act No. VIII of 13 I 7 Fasli), the Telangana Survey and Boundaries Act, 1923, and trre Rules framed thereunder. The Government has issued various circulars specifzing the conditions for conducting surveys, particutarly F_Line (freld 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 J conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Teiangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No.NI 16543 199, dated 25.07.2OO1, Rc.No.N1 / 14OB l07, dated 13.07.2OO7, and Rc.No.N2l1741 l20lO, dated 18.05.2O10 stipulating the conditions for conducting survey of private lands. The remedy of appeals are provided against the survey conducted by the Mandal Surveyor to the lnspector of Survey (at RDO Office). Second appeal 1S provided to the Assistant Director, Survey, I I Settlement and Land Records, at the District Level.

5. In view of the above, this Court deems it appropriate to dispose of this writ petition directing respondent Nos.3 and 4 to examine the petitioners appeal for re-survey and dernarcation, vide application No.AODO224OOO65529 dated 28.08.2024 in terms of the circular instructions 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, if any, the respondents shall dispose the appeal for conducting of re-survey of the aforesaid land, within a period of eight (B) weeks from the date of receipt of a copy of this order. \ i I I \ 4 6 With the above observations, this Writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pencling, if any, shall stand closed _ //TRUE COPY// SD/. BHAVANI SWAMY IS ANT REGISTRAR A \ \-...........- ECTION OFFICER I Anrbedkar Telangana To, 1 The Princi pal Secretary, Revenue Department, Dr. B State Se cretir fla t, State of Telangana , Hyderabad. State

2. The District colector, Narayanpet District, Narayanpet -509210 Terangana 3 The Revenue Divisionar. officer, Narayanpet Revenue Division, Narayanpet- 5092'10 Narayanpet District, Telangada State j - 50921 0 Narayanpet Districl.

4. The Deputy lnspector of gy-"y, Narayanpet Revenue Division Narayanpet_ 5 The Tahsildar/ Mandar.Revenue officer, Damargidda Mandar, Damargidda - 6 The Mandar Survevor. Damargidda Mandar, Damargidda -509407 Narayanpet 509407, Narayanpet District, Telanganr'StriJ - - District, Telangana State

7. One CC to SRt R.V|SHNU VARDHAN REDDY, Advocate. tOpUCl 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

9. Two CD Copies. & BSK d c.rp HIGH COURT DATED:2710it 12025 ORDER WP.No.5953 of 2025 cJ o o 1i{E ST47(' 6 ;. *f. 2 o ,tult '&5 Dt .9a4rgrr i' DISPOSING OF THE WRIT PETITION WITHOUT COSTS @onid W

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