High Court · 2025

Petition under Section 151 CPC praying that in the ,:ircumstaqces stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the respondents No. 3 to 6 to act upon petitigner's Appe,al on demarcation vide Application No. DSA690164990467 dated 03,12.2024 for c:on(ucting Sub division survey, demarcate ilnd fix the boundaries in respect of petitioner's agricultural land admeasuring Ac 2 10 Guntas in Sy No 86/E/1, Ac.1.00 in Sy No 86/EE and Ac.2.10 Guntas rn Sy No. 86/E situated at Venkalraopet '/rllage, Talakondapally Mandal, Ranga Reody District pending disposal of the main Writ Petition Counsel for the Petitioners: SRI ALLURI DIVAKAR REDD'/ Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER o HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No.721l of 2o25 ORDER: This Writ Petition is filed by the petitioners seeking following reliel "....to issue an appropiate Wit, Order or Direction more particularlg one in the nature of Writ of Mandamus declaring the action- of the respondents Nos.3 and 4 tn not conducting the Sub diuision surueg demarcation and Jixing of boundaies in respect of petttioners agicultural lqnd admeasuing Ac.2.1O guntas in Sg-No.86/ D/ 1, Ac.1.00 guntas in Sg.No.86/EE qnd Ac.2.1O guntas in Sg.No.86/E situated at Venkatraopet Village, Talakondapatly Manda| Ronga ReddA District despite receipt of petitioners appeol on demarcation uide application No.DSA69O 16499O467 dated 03.12.2024 as being illegal, arbitrary and contrary to the prouisions of the Telangana State SurueA and Boundaies Act, 1923 consequentlg direct the respondents No 3 and 4 to conduct the Sub division surueg demarcate and frx the boundaies in respect of petitioners agicullural land admeasuring 4c.2.10 guntas in Sg.No.86/ E/ 1, Ac.1.OO gtntas in Sg.No.86/ EE and 4c.2.10 guntas in Sg.No.86/E situated at Venkatraopet Village, Talakondap allg MandaL R a ng a Re ddg Di st ict.... "

2. The case of the petitioners is that they are the owners and possessors of lands admeasuring Ac.2.1O guntas in Sy.No.86/E/ I, Ac.1.00 guntas in Sy.No.86/EE and Ac.2.1O guntas in Sy.No.86/E situated at Venkatraopet Village, Talakondapally Mandal, Ranga Reddy District. It is further case of the petitioners that the respondent authorities have mutated their names in all the revenue records as pattadars and have also issued e-pattadar pass book under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. lt is further case of the petitioners 2 that duc to abnormzrl increase of the land pr it:e some of the neighbouring land owners have started disturbing the boundaries of the sulrject land and as such, they have l;ubmitted F -Line application ot 07 .7O.2023 for conducting survey in respect of the subject propcr$,, but the respondents have conducted the survey in Sy.No.t36, and farled to conduct sub-divisic,nal survey by advising thenr to prefer appeal on demarcation fo - conducting sub division surv--y, demarcation and hxing boundaries in respect of the subject land, therefore, they have submitte,l an application dated 03.12.)-0'24 for appeal on demarcation set'king to conduct survey and dt'marcation ol the subject land and lu: tl're boundaries. The grievztncr: o1'tl're petitioners is that even after receiving the said application, the respondent authorities are not conducting survey and lixatiorr rrl llte boundaries.

3. Considcred the submissions of the learned ,lounsel for the petitioncrs; S'i L. Ravinder, learned Assistant Government Pleader for Revenut: appearing for the respondents and w th their consent this writ pclitron is disposed of at the admission stage.

4. Thc issrre relating to conduct of survey ancl sub-division of survey etc. .\'as considered by this Court vi,l: order dated 23.Oa.2O22 ir W.P.No.32785 of 2022 and the relevant portion of the said order rs extractcd hereunder: a J "8. The Commissioner, SurueA, Settlements and Lond Records, Hgderobad, has issued uaious circulors from time to time in connection tuith conducting of surueg, demarcation-s and sub-diuision of land and surueg numbers and also disposot of F-line petitions submitted bg the parties concemed seeking surueg ond sub-diuision. The said circulars uere issued keeping in uieu.t the Boord Stonding Orders-34A para 2O(a) of the Board Standing Orders, tuhich reads as under:- "Applications from prtuate parties to point out the boundaies of their fields in accordance uith the surueg records mag be receiued bg lhe Taluk Ttthsildar. On receipt of the application with tte deposit (prescibed fee), the Tahsildar should. fonaard it to the Surueyor-Firka DeputA Suruegor who should, duing his uisit ro the village, comply with the request. The Surueyor Firko Depulll Suruegor should after pointing ottt the requtred boundary to the ryot, obtain his signature to that effect in tl'Le apptication and should himself (tuite) thereon that the boundary was pointed out by him tn accorcicurce uitll tlrc measurements noted in the surueg records." Paragraph No.6 (b) of tlrc Rc.No.N2/ 1741/ 2O10, dated

18.05.2010 Circular reads as under: - 'F line petitions/ demarcation petitions receiued [n respect of portions of surueg ftelds in agrtcultural lo'nds should be conuerted by Tahsildars ad applications for subdiuision on paVment of balance fee pagable, if ang and subdiuision should be done in accordance uith BSO 34-A pard 13 and in respect of Telangana disticts in accordqnce uith CSSLR circular Rc. No. N 1 / 1 4O8/ 07 dt. 1 3.O7. 2OO7."

9. Thereofier, another Circular in Rc.No.N1/4296/2012 dated 22.08.2012 tuas issued dulg issuing further instructions and guidelines for demarcation ond surueg of the sub-diuision surueA numbers and instruction Nos. -l to 6 of the said Ciranlar read as under- "1- Euery F-Line Demarcation applicatton must be submitted to the concerned Tahsildar/ E-Seua/ Mee-Seuq. 2. Euery F-Line Demarcation application must be registered and such registered applications must be1 4 !{i'..n, qtlended in seriaturn only and ualid reascns for arry de"tiattott to the se.riatum should be recorded. 3. (a) EuerA F Ltne demarcation application shalt be acL'ontpctnied bg a Xerox copg of pattadar pas:;book or a t-olu of llp lotest udangal/pahoni. l)) Denlarcot.ion application Luithout such s )ppot-tiue or eurdentta[ doctt|rletlt maA be rejected.

4. If the applicati submits a self swom affidaltt declarirq Iris ights/ reputed ownership c possession alonq with the dettLarcatlon petition, the concerned Talsildor rttg take an ap]rropnate dec.isiort after thorough verificatiott of records ettlrcr to .foruard the same to the Suruegor or reject. 5. 1ct) Mondal *trueyor/ Deputg Suruegor shall serue notices to tlLe It 2) Adlacent lartd holders uithin the sur rcg number Apl,ltcotl adj oiru ng surueg numb e r s t3) ViLlaqc Re,uenue Offtcer U ) IJ the adjacent latd belongs to local bodA/ (icuertamenL rr,rlice.s shall be se.rued on the concemed authorily (b) Pt or to issue of totices or after issuing the no ic:es, tf arLg untte| objectiotTs of the adjacent land holders a:e receiuecl, dcrrrar:etiort cannol be denied unless it is a Le'gatLg uahd obj<'cti'ttr and approued bg the Tahsildar. (c) Irt qerrcra[ after tssuing the notices if ang adiacent land ltolcler abse,tt for detrarcation, naturallg demsrca-ion wilt be 1n such ccse-s, rLotices to be issued to all th<' concemed corrsequettlg tLUo tines and. if ang of them is absent for clerrrarr.atiotr euen after receipt of the notices, a ,7trct[ notice sltall I.e issued inlirnc,ing them thqt the demarcation uill be done ott tlTe date mentioned itt the fi.na[ notice "et'en in their alrscrrr c , cts due oppoflunitg was giuen. (\.. I l 5

6. IJ the demarcation application is for a parl of undiuided field such application may be conuerted tnto pattct sub-d[utsion application and necessary stcttutory procedure to be folloued for it by taking applicati.on from applicant."

10. From a pentsal of the aboue referred Circulars, it is clear that as and uhen F-line petitions for demarcation/ sub- diuision are receiued in respect of portions of surueg numbers in agicttltural land, theg are required to be conuerted as applications for sub-diuision bg the Tatsildars on pagment of balance fee pagoble, if ang and subdiuision sha.ll be done in respect of the Telangona Disticts in accordance utith Circular in Rc.No.Nl/ 1408/O7, dated 13.07.2007, issued bg the Commissioner of SurueA, Settlement and Lond Records. At this stage, it would be necessary to make note of some of the instructions tssued tn the said Circular dated 13.07.2007 u;hich are ertracted hereunder: ' "5. Thereafier, the Mandal SurueAor utll proceed for sub-diuision and prepare the sub-diutsion record. The sub division shall be done in accordence with the desciption of propertg sale deed tn case oJ sales, partition deed in case of paftittory mutual ogreement in case of succession etc. Howeuer, the sub diuision uill be done onty subject to the qctual possession on ground tallging uith the documents mentioned aboue prouided that the Transferees name finds place in the Reuenue accounts through proper mutcttion.

6. After preparation of the SDR, the Mandal Suruegor shall submit it to the Tahsildar who wtll veify whether it confinns to the documents and ulether records are signed bg all the concemed parties. Tllereafrer, TaLsitdar should send the record to .Assistanf Director, Suruey and Land Records Departnent u.tith a proposal for sanction of Phodi.

7. Upon receipt of this proposal, the Assistant Director shall scnttinize the records qnd tqke furTher action for preparation and issue of supplementary sethuar and Jor incorporation oJ changes, if ang."

11. The Ciranlar instructions issued bg the Commissioner are uery clear and absolutelg tlrcre is no ambiguitg and the obligation that is cast upon the respond.ent-Tahsildar is 6 unequit ocel and hence, anA oction on the part of the respon(.lents to re|use to conduct surueg and denarcatton or sub diu,'sittn oJ' tlrc part surueg numbers pursuant to the requesl ntodc: bll lhe persons concented bg subn,-itting F Line petition ; is i otallll impermissible and itlegol. [t is onlg to ouoid s tch arnbiquous s[tudtion, the aboue refere'd circulars utere is;ued categoicallg stating that it is the obligation on the pa'| oJ the respondent-Tohsild.ar to tal^.e up such appliccttions as and uhen the applications are receiued for surueg and demarcation of part sunteg numbe:rs and to complet': the suru<:t1 bg duty coltecting the required fees."

5. This Court on consideration of thc said Cir<:ulars, disposed of the said r{ rrt pctition n,ith certain directions. 1r the light of the said decisior r, this Court is of the considererl view thal the petitioncrs hr reifi is:rlso standing on the same footrng and they are also entitled tor the said relief to maintain parity.

6. In vicw of the zrbove, this Writ Petition is disposed of with the following d jrc:'tior.r s: i) Resporrdenl. No.4 is directed to take up application of the petltron crs lor conducting subdivision survey and demar<:arlion by fixing boundaries of th,r subject lands admeasuring Ac.2.10 guntas in Sy.No.66,/E/ 1, Ac.1.OO guntas in Sy.No.86/EE and Ac.2.10 guntas in Sy.No.86/E situaterl at Vcnkatraopet Village, Talakondapally Mandal, Ranga lleddl' District; {- 7 ii) In case, if respondent No.4 is of the view that sub-division numbers is required to be done and any further fee is required to be paid by the petitioners in terms of the Circulars referred above, the same shall be intimated to the petitioners and on receipt of such intimation, the petitioners shall pay such fee as may be required by iespondent No.4. iii) On such payment of fee by the petitioners, respondent No.4 shall take further steps for taking up the survey as requested by the petitioners and conclude the same in accordance with law; iv) The entire exercise, as directed above, shall be completed within a period of forty five (45) working days from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any. shall stand closed. SD/-S. MALLIKARJU A RAO ASSISTANT RE STRAR //TRUE COPY// SECTION OFFICER \ To of Telangana

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State

2. The Distiict Collector, Ranga Reddy District. 3. The Assistant Director, Survey and Land Records, Ranga Reddy 4. The Tahsildhar, Talakondapaily Mandal, Ranga Reddy District 5. The Mandal Surveyor, Talakoridapally Mandal, Ranga-Reddy-District 6. One CC to SRI ALLURI DIVAKAR REDDY, Advocate [OPUC] T Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at 8. Two CD Copies Hyderabad. [OUT] PSK- HIGH COURT DATED:1010312025 ORDER WP.No.7211 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( oirne sra 1t *ra ?W i + a6r a t(, D o L,) 4 l,a