High Court · 2025

Petition Under Article 226 of the constitution of lndia pr,aying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ, order or direction more particularly one in the nature of WRIT oF MANDAMUS declaring the action of the Respondents Nos. 3 to 5 in not marking the boundaries for fixing the boundary stones in respect of lands of the Petitioners to an extent of Ac. 3-29 guntas in sy.No. 275 and Ac s-0s guntas in sy.No. 276 total an extent of Ac. 8-34 guntas respectively situated at singapuram village, Shankarpally Mandal, Ranga Reddy District is illegal, arbitrary and violation of Principles of natural Justice. I.A.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 Respondents Nos.3 to 5 to mark and fix the "boundary stones in the petitioners lands to an extent of Ac. 3-29 guntas in Sy.No. 275 and Ac 5-05 guntas in sy.No. 276 total an extent of Ac. 8-34 guntas respectively situated at singapuram village, shankarpally Mandal, Ranga Reddy District respectively pending disposal of the main writ petition. Counsel for the Petitioners : SRI MOHD GULAM RASOOL Counsel for the Respondents : AGp FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.6927 of 2o25 ORDER: This writ petition is filed seeking following relief: 'For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this Hon'ble Court may be pleased to issLte any writ, order or direction more particularll' one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents Nos. 3 to 5 in not marking the boundaries for fixing the boundary stones in respect of lands of the Petitioners to an extent of Ac. 3-29 guntas in Sy.No. 275 Ac 5-O5 guntas in Sy.No. 276 lotal an extent of Ac. 8-34 guntas respectively situated at Singapuram village, Shankarpally Mandal Ranga Reddy District is illegal, arbitrary antl violation of Principtes of natural Justrce and pass such other order or orders as this l{ol1'ble Court may deem fit and proper in the circumstances o[ the case."

2. It is stated that 1't petitioner is the absolute owner and possessor of land admeasuring to an extent of Acs. 1.35 guntas in Survey No.275 and Acs. 2.22 gntas in Sur-vey No.ZZO and 2nd petitioner is the absolute owner and possessor of land admeasuring to arr extent of Acs. 1.34 guntas in Survey No.275 and Acs. 2.23 guntas in Survey No.276, situated at Singapuram Village, Shankarpally Mandal, Ranga Reddy District. It is further stated that the names of the petitioners are also mutated in the revenue records and pattadar passbooks and title deeds were also issued to the petitioners under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, l97l and they have also been receiving various incentives sanctioned by the Government as investment subsidies. It is further stated that when there is a boundary dispute in between the petitioners' lands in Survey Nos.275 ar-d 276 and their neighbouring owners' lands in Survey Nos.277 and 278 and they are interfering with the peaceful .\ I ) F] 2 CWR,,,' W.P.No.6927 of 2025 possession and causing inconvenience to the petitioners, they were constrained to make an F-line application No.DER 021600125253 dated

22.O9.2016, but the said application was not considered. It is further stated that the petitioners made another application dated 27.03.2018 to respondent Nos.2 to 5 along with requisite fee by way of challan for survey and demarcation of the boundaries of the said properties, the 3'd respondent issued notices to the neighbouring land owners uide Rc.No.B/ 715 /2018 dated 16.04.2018 indicating the date of survey to be conducted on

09.05.2018 and directed them to be present on the subject site. It is further submitted that the Inspector of Surveyor, Survey and Land Records, Ranga Reddy District, did not demarcate the boundaries and also not submitted the report to the concerned parties. It is further submitted that the petitioners have filed a writ petition before this Court uide W.P.No.23909 of 2O18 and this Court uide <trder dated 13.03.2024 had disposed of the said writ petition directing the 3.d respondent to consider the application of the petitioners dated 27.07.2018 as well as notice dated 16.04.2018 issued by Deputy Inspector of Survey, Sangareddy District, for conducting survey in respect of the land in Suruey Nos.275 and 276 and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of the that order. It is further submitted that in compliance of the above said order, th'e 4ff respondent conducted panchanama on 12.07.2024 and visited the land for demarcation and hxation of the boundaries and insisted the petitioners to fix the boundary stones. It is further subrnitted CVBR, J W.P.No.6927 of 2025 that when the petitioners erecled stones on the boundaries, there was a dispute for hxation of boundaries. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

4. Section 15 of the Telangana Survey and Boundaries Act, 2023 (for short, 'the ActJ deals with the responsibility of the maintenance of survey marks by the registered holders, lvhich reads as follows: "15. Registeted holders responsible for the maintenance of survey marks:- {1) Subject to such conditions as may be preslribed in this behalf, every registered holder of Government land shall be bound to maintain, renew ancl repair the suwey marks on or within thc boundaries of his holding, and in default of his doing so the survey ofhcer or the Collector may, at the cost of the State Government maintain, renew and repair such surwey marks, determine and apportion the cost of so doing, and recover such cost as an arrear, of land revenue. Such cost may include the cost of all operations incidental to such renewal or repair but not any charges on account of surwey ofhcers and supervising establishment. (2) Note to the registered holder:- Before a survey ofhcer or Collector maintains, renews or repairs any survey marks, he shall serve a notice in writing on the registered holder in the prescribed manner giving particulars of the survey marks in respect of which default has been committed and calling upon him to maintain, renew or repair the same within a time to be specihed in such notice which shall be not less than 15 days from the date of service thereof. (31 Notice to cultiuator or other person interested: If the notice under sub-clause (2) cannot be served personally on the registered holder, a copy of the same shall be served also on the cultivator or other person interested in the land." I i t 4 CVBR, J W.P.No.6927 oJ 2025

5. Section 21 of the Act deals with the consequences ensuing on completion of st-lrvey of an estate, which reads as fol1ou.s: "21. Consequences ensuing on completion of survey of an estate:_ When an estate or, a portion of an estate or a boundary in an cstatc has been sur-veyed in pursuance of a notification issued under Section 17, the survey officer shall report the completion of the survey to the District colrector and to the proprietor, and the followinB consequences shall thereupon ensue: (r) Duty of tenants:- Subject to such conditions as mal l)c prescribcd in thjs behalf, cvery tenant of the land surweyed, and where [Lrere ls no tenant. the proprietor, shall be bound to maintain, renevv and repaij-the sun,ey marks on or within the borrndaries of his holding, and in default of his doing so the Collector may, after giving notice to the tenant or proprietor as the case may be in the manner provided in sub-sections (2) and (3) of Section j5, at the cost of the State Government maintain, reneq, and repair such surwev marks and recover the cost of so doing as an arrear of land revenue. Such cost may include the cost of all operations incidental to such renewal or repair but not any charges on account of survey ofhcers and supervising establishment. (ii) Duties of uillage offi.cers: It shall be the duty of the hcadman and of the accountant o1 every village the whole or a part of which has treen surveyed,_ (a) to prevent the destruction, injury, removal or alteration of anv sunev mark on or within the limits of his village; and (b) when he becomes aware that any such mark has been destroyed, injured, removed or altered, to report the fact to the proprietor of th(r estatc and to the collector or to such ofhcer subordinate to the collector as the District collector mav, from time to time, direct."

6. Learned counsel for the petitioners contended that as per section 21(i) of the Act, the proprietor shall bear the cost incurred for the renewal or repair of-the survey marks and in default of his doing so, the collector, after giving notice to the proprietor, at the cost of the state Government shall maintain, renew and repair such survey marks and 5 CWR, J W.P.No.6927 of 2O25 recover the cost of so doing as an arrear of land revenue' It is further contended that in case of Government land, cost of renew or repair is apportioned in equal proportions among the registered holders of all adjacent fields touching it and in the case of estate, it can be apportioned in equalportionsamongthetenantsofalltheadjacentlreldstouchingitand where there is no tenant, it shall be collected from the proprietor' It is further contended that the petitioner is ready to bear the expenditure for hxation of the boundary stones and also the necessary labour charges in terms of the Act. 7 . In view of the said submission, the respondents are directed to irx the boundaries in terms of the survey conducted ot 72'07 '2024 for the subject lands in the presence of the petitioners and the adjacent land owners subject to petitioner bearing a1l the incidental expenditure for hxation of the boundary stones within a period of eight (08) weeks from the date of receipt of a copy of this order.

8. With the above observations, the Writ Petition is disposed of' There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed' \ //TRUE COPY// SD/. K.AMMAJI EPUTY REGISTRAR SECTION OFFICER To 1 2 J 4 \ The Principal Secretary, Revenue Department, Secr! Telangana at Hyderabad. The District Collector, Ranga Reddy District Kongara Kalan. The Assistant Director, Survey and Land Records Ranga Reddy District at Kongarakalan. The Revenue Divisional Officer, Chevella Division, Chdvella, Ranga Reddy District. L...::.. *& t Buildings, State of --- 5 6 7 8 The Tahsilidar, Shankarpalli Mandal Shankarpally, Ranga Reddy District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI MOHD GULAM RASOOL, Advocate [OPUC] Two CD Copies \ SA PSK E I I ( {) .ii 11.1E S T4I s O4IUEM -.'r. {. , \" 1,'-...--... ---=:_:__ .i. HIGH COURT DATED:0610312025 ORDER WP.No.6927 ot 2025 1 i \ DISPOSING OF THE W.P WITHOUT COSTS. g I I