✦ High Court of India · 10 Mar 2025

High Court · 2025

Case Details High Court of India · 10 Mar 2025

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 any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.4 in not conducting survey in pursuance of online application bearing No.DER022100684253 dt.05.08.202'1 seeking to conduct suivey of petitioner land to an extent of Ac.0.39 gts in SY.No.442, ac.9.21 gts in SY.No.449 (now divided as Ac.1.36 gts in SY.No.44912 and Ac.7.25 gts in SY.No.449l3) and Ac.B.07 gts in SY.No.450 (Now divided as Ac.3.00gts in SY.No.450/1 and SY.No.450l2) and Ac.1.00 gts in SY.No.456 all situated at Adivemla Revenue village of Jajireddygudem Mandal Suryapet District is illegal, arbitrary and consequently direct the Respondent NO.4 to conduct the survey of land to an extent of Ac.0.39 gts in SY.No.442, ac.9.21 gts in SY.No.449 (now divided as Ac.1.36 gts in SY.No.449/2 and Ac.7.25 gts in SY.No.449/3) and Ac.8.07 gts-in SY.No.450 (Nqw divided as Ac.3.00gts in SY.No.450/1 and SY.No.45Ol2) and Ac.'l .00 gts in SY.No.456 all situated at Adivemla Revenue village of Jajireddygudem Mandal Suryapet District in pursuance of petitioner online application dt.05.08.2021 vide application No. DER022 1 00684253. IA 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 No,4 to conduct the survey of the land to an extent of Ac.0.39 gts in SY.No.442, ac.g.21 gts in SY.No.449 (now divided as Ac.1.36 gts in SY.No.449/2 and Ac 7.25 gts in SY.No.449i3) and Ac.8.07 gts in SY.No.450 (Now divided as Ac.3.00gts in SY.No.450/1 and SY.No.45Ol2) and Ac.'1.00 gts in SY.No.456 all situated at Adivemla Revenue village of .lajireddgudem Mandal Suryapet District in pursuance of petitioner online application No.DER0221 00684253 dt.05.08 2021 Counsel for the Petitioner: SRI D.Y.N.L.N.CHARYULU Counsel for the Respondent Nos.1 TO 4: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.S: -- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BTIASKAR REDDY IVRIT PETITION No.6286 of 2025 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated

05.08.2021 submitted by the petitioner seeking for conducting survey and demarcation of the land to al extent of Ac.0.39 guntas in Sy.No.442, Acs.9.21 guntas in Sy.No.449 (now divided as Ac.1.36 guntas in Sy.No.449/2 and Acs.7.25 guntas in Sy.No.449/3); Acs.8.07 guntas in Sy.No.450 (now divided as Acs.3.00 guntas in Sy.No.45Ol 1 and Acs.5.07 guntas Sy.No.a50/2) and Ac.1.OO guntas in Sy.No.456, situated Adivemla Village, Jajireddygudem Mandal, Suryapet District, AS iliegal and consequently prayed for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Ac.0.39 guntas in Sy.No.442, Acs.9.21 guntas in Sy.No.449 (now divided as Ac.1.36 guntas in Sy.No.449 /2 and hcs.7.25 guntas in Sy.No.449l3); Acs.8.07 guntas in Sy.No.450 (now divided as Acs.3.00 guntas in Sy.No.450/ 1 and Acs.5.O7 guntas in Sy.No.4SO /2) and Ac.1.00 guntas in Sy.No.456, situated at Adivemla Village, Jajireddygudem Mandal, Suryapet District. It is further stated that the name of the I I 2 CVBR, J Wp 6286 of 2025 petitioner u,as reflected in all the revenue recor<k; as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T29O8Ol 1O32O uide Khata No.597 under the provisions of the Tclangana Rights in Land and Pattadar passbooks Act, 2020. It is further stated that when the neighbouring l;ltd owners have started disturbing the boundaries of the subject lilnd and as such, the petitioner had submitted F-Line application, dated 0g.05.2021 to respondent Nos.3 and 4, by paying requisite fee to conduct survey of the subject land and fix the boundaries. The grievance of the petition er is that even after receiving t.he said F-Line application, the respondent authorities are not r:onducting survey arrd fixation of the boundaries.

3. Consid ered the submissions of the learned counsel for the petitioner and learned Assistant Government pk::Lder for Revenue appearing for thc respondent Nos. 1 to 4 and wit.h their consent, this writ petition is being disposed of at the adrnission stage. In vicw of the nature of relief sought for in this writ petition, issuance of notice to t.he unofficial respondent is dispensed ivith.

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 -.' I I 3 CVBR, J Wp-6286 of 2025 consider the application within 45 days from the date of the application after coliecting necessary charges.

5. Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing for respondent Nos. 1 to 4 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 hxing boundaries.

6. It is settied law that the Survey Department has the authorit5z 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 Telangana Survey and Boundaries Act, 7923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (fie1d measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulhlled, 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 Rc. No.N 1 / 6543/ 99, dated 25.07 .2OO 1, Rc.No.N 1 / I 4O8 / OZ, dated time vide 4 CVBR, J Wp 6286 of 2025

13.07.2007, anri Rc.No.N2/1741l2OlO, dateC 18'05 2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitionr:r fulhls a1l the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specihed in the said circulars

7. In vieq, of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.3 and 4 to examine the petitioner's F-Line application uide No.DtrRO22100684253, dated 08.05.2021 'submitted for conducting survey and demarcation by fixing boundary stones to the petitioner's land to an extent of Ac.0.39 gunr'zls in Sy'No 442, Acs.9.21 guntas in Sy.No.449 (now divided as Ac.1.36 guntas in Sy.No.449l2 and Acs.7.25 guntas in Sy.No.'l'l9l3); Acs 8 07 guntas in Sy.No.45O (now divided as Acs.3.00 guntas in Sy.No.450/ 1 and Acs.5.O7 guntas in Sy.No.450 l2) and Ac'1 OO guntas in Sy'.No.456, situated at Adivemla Village', Jajireddygudem Mandal, Suryape t District and if the petitione:: fulfils all the conditions mcntioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from timc to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos'3 and 4 I i i I I 5 CVBR, J Wp_6286 of 2025 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 nsrtBfinui'SeH S R ,ffRUE COPY'/ SECTION FFICER To

1. The Principal Secretary' Revenue Department' Secretariat Hyderabad' State a,t'nl1':f:"**"Ji,?l?; 3i&#BEl,'Ji[3';"Division,atSuryapetsuryapet H$p"#ffilfl ;[fl"H:if"'t"{h'r re a nsana a'i | ffi PSK. +02 : l l I n HIGH COURT DATE D : 1 010312025 i i i l I I ORDER WP.No.6286 of 2025 E SIA rF A 1 0I l\?fi 2025 '2 C, * 1)l'l; p^T. DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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