✦ High Court of India · 10 Mar 2025

High Court · 2025

Case Details High Court of India · 10 Mar 2025

Petition under Article 226 ol 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.323, situated at Gajularamaram Village. Qutbullapur Mandal, Medchal-Malkajgiri District, on the application of the petitioner dated-20.1 1,2024 is illegal, arbitrary, unjust and violation of principles of natural justice and against the provisions of Survey and Boundaries Act, 't 923, 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.323 admeasuring Ac.2-01 Gts., situated at Gajularamaram Village, Qutbullapur Mandal, Medchal-Malkajgiri District. ,- lA NO: 1 OF 2025 Petition under section 1s1 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 fix boundary stones sunounding land of the petitioners bearing Sy.323 admeasuring Ac.2-01 Gts., situated at Gajularamaram Village, outbullapur Mandal, Medchal-Malkajgiri District, on the application of the petitioners dated-2O.1 1 .2024, immediately, pending disposal of the writ petition. Counsel for the Petitioner: SRI MOHD MO]N AHMED GIUADRI Counsel for the Respondents: SRI L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.6261 of2o25 ORDER: . This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated

20.11.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.2.Ol guntas in Sy.No.323, situated at Gajularamaram Village, eutubullapur Mandal, Medchal-Malkajgiri District, as illegal, arbitrary. and violative of the provisions of the Survey and Boundaries Act, 1923 and consequently, prayed for other appropriate reliefs. I

2. It is stated that the father of the petitioner is the pattadar and possessor of the agricultural land to an extent of Acs.2.0l guntas in Sy.No.323, situated at Gajularamaram Village, Qutubullapur Mandal, Medchal-Malkajgiri District. It is further stated that the name of the petitioner's father was reflected in all the revenue records as pattadar and the revenue authorities also issued pattadar pass book and title deed uide patta No.O842 under the provisions of the Telangana Rights in Land and pattadar Passbooks Act, 1977 and after the death of his father, the petitioner succeeded the said land and he is in possession and enjoyment of the same. It is further stated that when the t- 2 CVBR, J Wp-6261 2025 neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had submitted P-Line application, dated 20.11.2.024 to respondent No.3, by paying requisite fee to conduct survey of the subject land and lix the boundarit's and acting on the said application a r-rotice, dated

24.72.2024 has been issued to conduct survey on O3.O1.2O25. The grievance of the petitioner is that even after issuing the said notice, the respondent authorities did not conduct the survey and demarcate tht: subject land.

3. Considerecl the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

4. I 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 necessary charges.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed the 7 3 CVBR, J Wp-6261-2025 t, F-Line application submitted by the petitioner and also the issuance of survey notice, dated 24.I2.2O24.

6. It is settled law that the Survey Department has the duthority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, l31Z Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions flor conducting surveys, particularly p-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 conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from .time to time vide Rc.No.N I /6543/99, dated 2S.OZ .2OO t, Rc.No.N 1 / 140 8 / OZ, dated, 13.07.2OO7, and Rc.No.N2l174 1/2OIO, dated 18.05.201O stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils alt the conditions of the said circular, it is in obligation for the respondents to conduct survey within the time specified in the said circulars. I t IE L \ To 4 CVBR, J 2025 Wp -6261 In view of the aforesald discussion, this Court deems it T. appropriate to dispose of this writ petition directing respondent No.3toconductsurveyanddemarcationbyfixingboundarystones to-thelandtoanextentofAcs.2.OlguntasinSy.No.323,situated at Gajularamaram Village, Qutubullapur Mandal' Medchal- Malkajgiri District, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections. The entire exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order' 8 Withthcaboveobservations,thisWritPetitionisdisposedof. There shall be no order as to costs As a scquel, the miscellaneous petitions pending' if any' 9 shall stand closed. SD/.7. TIRUMALA DEVI NT REGISTRAR ASSI I //TRUE COPY// E:CTION OFFICER J

1. Prin"ip"l Secretary, Revenue Department' Secretariat' Hyderabad' State of Telanqana. r.^.-^i-i; nicrri.t l.*itg:+:;vglnsiltru+'y.'{'}1il:x?'lifi'ipTvs*n"n"", Hvderabad [OUT] O. Two CD CoPies I'J" ?l- HIGH COURT DATED:1010312025 ORDER WP.No.6261 of 2025 I , Ts 7' €' ,l i ) o o 21 l{tfl 2m I o s C rr.,-, r_ tl( --;? DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0t I4- 2,1;Vr

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