✦ High Court of India · 10 Mar 2025

1. Mutapuram Shiva Kumar v. The State of Telangana

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,364 words

Petition under Article 226 ot 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, order or Direction more particularly in the nature of writ of MANDAMUS declaring the action of the respondents 2 to 5 in not conducting the survey and not fixing the boundaries to the petitioners' agricultural lands i.e., the 1st petitioner is in Sy.No.53ol44l2 in an extent of Ac.1-00 guntas and 2nd petitioner is in Sy.No.53Ol44l1 in an extent of Ac.1-00 guntas respectively situated at Bhoodan Pochampaly Village and Mandal,Yadadri Bhuvanagiri District in pursuance of F-Line application Nos' TTDER0225O1 135749 and TTDERO22501135759 dated 03-02-2025 filed by the petitioners as illegal, arbitrary and violative of principles of natural justice and also violative of the provisions of Survey and Boundaries Act apart from being violative of Articles 14, 21 and 300-4 of the constitution of lndia and consequently direct the respondents 2 to 5 to conduct survey and fix boundaries of the above stated sublect land of the petitioners, forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the afiidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 5 to conduct the survey and fix the boundaries to the agricultural lands i.e., the 'lst petitioner is in Sy.No.53014412 in an extent of Ac.'l- O0 guntas and 2"d petitioner is in Sy.No.53ol44l1 in an extent of Ac.1-00 guntas respectively situated at Bhoodan Pochampaly Village and IVIandal,Yadadri Bhuvanagiri District in pursuance of petitioners' F-Line application Nos. TTDERO22501 135749 and TTDER022501 135759 dated 03-02-2025, pending disposal of the above writ petition in this Hon'ble Court. Counsel for the Petitioner : SRI MUTHYALA MURALIDHAR Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER - + t u HOIT'BLE SRI JUSTICE C.V.BIIASKAR REDDY - WRIT PETITION tto.722l of 2o.25 .- 7 ORDER: This writ petition is hled seeking to declare the action of respondent Nos.2 to 5 in nci conducting the survey and not fixing the boundaries to the petitioners' agricultural lands i.e., Ac.l.OO gts., in Sy.No.530/aal2, Ac. 1.00 gts., in Sy.No.530/44/1, situated at Boodan Pochampally Village and Mandal, Yadari Bhuvanagiri District in pursuance of F-line application Nos.TTDER0225Oll35749 TTDER022501135759, dated 03.O2.2O25 filed by the petitioners, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petitionis disposed of at the admission stage.

3. It is stated that the petitioner No.I is the owner and possessor of tJee agricultural land admeasuring Ac.1.0O gts., in Sy.No.530/44 /2 and petitioner No.2 is the owner and possessor of tJle agricultural land admeasuring Ac. 1.00 gts., in Sy.No.53O/44/1, situated at Boodan Pochampally Village and 2 CVBR. J Wp-7221 2025 Mandat, Yadari Bhuvanagiri District' It is further stated that the government has assigned the above said lands to the mother of the petitio nets uide patta certifrcate No'F/63/99 and her was also mutated in the revenue records' It is further stated that' after demise of their mother, the said lands got transferred by way of inheritalce in favour of the petitioners and the revenue authorities have also issued new pattadar passbocks and title deeds. It is further stated that due to abnormal increase of the land price, some of the neighboring land owners have started disturbing the boundaries of the subject lands and as such' the F-Line aPPlications uide petitioners have submitted Nos.TTDERO225OlL357 49 and T'IDER022501135759, dated

03.o2.2o2Storespondentauthorities,bypayingrequisitefeeto conduct survey of the subject lands and frx the boundaries' The grievance of the petitioners is that even after receiving the said F-Line appte ations, the respondent authorities are not conducting survey and hxation of the boundaries' l,earned counsel for the petitioners has submitted that in 4. terms of the circular issued by the Commissioner' Survey' Settlements and Land Records, the respondents are bound to .7 3 CVBR, J Wp_7221 2025 consider the application wittrin 45 days from the date of the application after collecting necessary charges.

5. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line applications submitted by the petitioners by following due procedure laid down under law and conduct survey and demarcate the subject lands 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 13 17 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, particularly F-Line (fteld measurement) surveys. Individuals requesting such surveys are required to submit specifrc documents, and if the conditions stipulated in the circulars are fulfrlled, the survey and boundar5z fixation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the G_ Telangana Survey and Boundaries Act, 1923, issued relevant iI 4 CVBR, J Wp 7221 2025 circulars from time to time uide Rc.No.Nl/6543199, dated

25.O7.2OO1, Rc.No.N1/l4OBl07, dated 13.O7.2OO7, and Rc.No.N2/ 174Ll2OtO, dated 18.OS.2010 stipulating the .. conditions for conducting survey of private lands and as per the said circulars, if the petitioners fulfrll all the conditions of the said circular, it is an obligation for the respondents to conduct survey within tnre time specihed in the said circulars. 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directirlg the respondent authorities to examine the F-line applications uide Nos.TTDER0225Oll35749 axd 1TDERO225O1135759, dated O3.O2.2O25 filed by the petitioners for conducting survey and demarcation by fixing boundary stones to the subject lands and if the petitioners fulhll all the conditions mentioned in the circulars issued by the Commissioner,- Survey, Settlements and Land Records from time to time, the respondent authorities shall conduct survey of the a-foresaid lands, after issuing notices to all the interested/ afected persons and adjacent pattadars and after considering their objections, within a period of eight (B) weeks from the date of receipt ofa copy of this order. 5 CVBR, J Wp_7221 2025

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. /ITRUE COPY// SD/.L.LAKSHMI BABU DEPUTY REGISTRAR SECTION OFFICER To,

1. The PrinciPal Secretary, DePartment of Revenue Telangana State Secretariat, State of Telangana' Hyderabad U rvey), Dr. B.R.Ambedkar

2. The District Collector, Yadadri Bhuvanagiri District' 3. The Revenue Divisional officer, Choutuppal Division, Choutuppal, Yadadri 4. The Tahsildar, Bhoodan Pochampalli Mandal' Yadadri Bhuvanagiri District 5. The Assistant Director, Survey and Land Records' Survey Department' Bhuvanagiri District. Yadadri Bhuvanagiri District'

6. One CC to SRI MUTHYALA MURALIDHAR' Advocate' IOPUCI 7. Two CCs to GP FOR REVENUE' High Court for the State of Telangana' Two CD CoPies. B BSK LS 5 HIGH COURT DATE D : 1 010312025 1 $E s14 r€: :'.\ o o 2 E APR 2025 ( I { \ * 4* t 'I (-'i rf:i) ORDER WP.No.7221 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS O-P"I W,

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments