High Court · 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 declare the action of the respondents in not demarcating by dividing and fixing the boundaries of sub-divisions in survey No.357, situated at Chandanvelli Village Shabad Mandal, Chevella Revenue Division, Rangareddy District in spite of making representation d1.24.01 .2025 endorsed on 03.02.2025 as illegal, arbitrary and violative of Article 21 of the Constitution of lndia and consequently direct the respondents to demarcate by dividing and fixing the boundaries of sub-divisions in survey No.357, situated at Chandanvelli Village, Shabad Mandal, Chevella Revenue Division, Rangareddy District lA 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 to immediately act upon the representation of the petitioner dt.24.O1 .2025 as received on 03.02.2025 pending disposal of the above writ petition Counsel for the Petitioner: SRl. M. PHANINDRA PAVAN KASHYAP Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI WSTICE C.V.BHASKAR REDDY WRIT PETITION No.7829 of 2O2S ORDER: This Writ Petition, under Article 226 of the Constitution of India, is fiIed by the petitioner, seeking to declare the action of the respondents in not considering the representation dated 24.O1.2O25 submitted by the petitioner for conducting survey and fixing the boundaries in Sy.No.357 situated at Chandanvelli Village, Shabad Mandal, Chevella Revenue Division, Ranga Reddy District, as illegal, arbitrary, unconstitutional and consequently prays tJris Court to direct the respondents to consider the representation dated

24.O1.2025 and conduct survey.

2. Heard the learned counsel for the petitioner and leamed Assistant Government Pleader for Revcnue appearing on behalf of the respondents.

3. The petitioner claims [o be owner and possessor of lands admeasuring Ac. I -38 gts in Sy. No.357 / 2 situated at Chandanvelli Village, Shabad Mandal, Chevella Revenue Division, Ranga Reddy District. It is the case of the petrtioner that he had submitted F-Line application on 22.02.2023 for conducting survey in respect of the property in Sy.No.357 12, but the rcspondents have conducted the 2 Sy.No.357/2, survey and demarcated the boundaries of land admeasuring Ac.2_19 guntas in Sy.No.357. It is further case of the petitioner that the pattadar passbooks issued by the respondents clearly shows that the is sub-divided out of Sy.No.3S7 and is made as subject land therefore, he submitted a representation dated 24.O1 .2025, to the respondents requesting to conduct sub_division survey in respect of the subject land. According to the petitioner, till date, no action has been tal<en by the respondenrs. Hence. the present writ petition.

4. The issue relating to conduct of survey and sub-division of survey etc., was considered by this Court vide order dated 23.O8.2O22 in W.p.No.327gS of 2022 and the relevanr portion o[ the said order is extracted hereunder: "8. TLe Commissioner, Surueg, Settlements anrj Land Records, Hgderabad., has issued uari.ous circulars [rom tine to time in connection taith anducting of suruey, clemctrcations and sub4ivision of land and. suruey numbers and also disposal of Fline petitions submitted bg the parties concemed seeking surueg and sub4iuision. The said ciratlars tuere issued keeping in uietu the Board. Standing Ord.ers_34A para 2O(a) of the Board Standing Ord.ers, uhich reads as uncler: ^ -"A.pplications from priuate parties to point out the bourrctones of their fietds in acardance taith the ^a!l t " receiued bg the Taluk Tah.sild.ar. On receipt o1 in. nppiir:ntrou ,uxn tle decosij.(yreslibed fee), the Tahsitdai shl"i ji,*,o,:a"i to n l:7eCor-Nrk1 Deputg Surueyor utho shoutd, a"aig ii, ,'irit tn h" ":.,::?:, "oTplC. .utith the. request. The Sunteyir-Firka Depr rl Jurueyor should afi.er pointing out the rcquircd bou,,anry i ,ii" ,..ord" 'rrrr"g t \ J ryot, obtain hi.s signadre to that effect in the application and should himself (write) thereon that the boundary uas pointed out bg him in acard.ance with the meesurenlents noted. in the suruey remrds.' Paragraph No.6 (b) of the Rc.No.N2/ 1741/201O, dated

18.05.2010 Ciranlor reods a.s under:- 'F-line petitions/ demarcqtion petitions receiued in respect of portions of sunteg fields in agricultural lands should be conerted by Tahsildars ad applications for subdiutsion on pagment of balance fee pagable, if any and subdivision shDuld be done in accordance with BSO 34-A para 13 and in respect of Telangana districts in accordance uith CSSLR ciranlot Rc"No.N 1 / 1408/ 07 dt. I 3.07. 2007." 9. Thereafier, another Circular in Rc.No.Nl/4296/2O12 dated 22.O8.2012 uas issued dulg issuing further instructiotts and guidelines for demarcation and surueA of the sub-diuision srueA numbers and instruction Nos. I to 6 of the said CircuLar read o.s under:- '1. Euery F-Line Demarcation opplicatiorl must be submitted to the concerned Tahsild.ar,/ E-Seua/ Mee-Seua. 2, Euery F-Line Demarcation application must be registered and such registered applice.tions must be attended in seiatum onlg ond ualid. reasons for anA deuialion to the seiatum sttouLd be recorded. 3. (a) Euery F-Line denLarcation application shall be or@nq)anied bg a Xerox copA of pattadar passbook or a copg of the latest adangal/ pohant. (b) Demarcation applrcetion utitlloul such supportiue or evidentia! document maA be re1ected 4. IJ *Le applicant subm{ts a self su'om affidauit declaing his ights/ reputed ounershrp a possessron along with the demarcation petition, the cortcenteri Tc.|.Silclic.r maA tqke dn appropriate decision ajler lhorough uenfcalion of reards eitler to fonaard the sqme to the Suruellor or reject. 5. (a) Mandal SurueAor/ Deputg Suruegor sllrtll serue notices to (1) Applicant '/ ,,,/ ./ 4 \ \ the suruea number <tnd (2) Ad.jacent land. t ,or"r^r^n "r,.,,Jlli)*tttithin (3) Vi age Reuenue Offi.cer (4) If thc adja@nt tand notices shay be s.** oul.^*" " *.r;;;;;n (b) prior Luritten obiections ;t;;;:.' demarcation .onnot t. a.nij! and. approued. bg ,* ,r*roll"'ut (c) In general, afier issuino nou., io..nt 1)i';;Xthe postponed. to local bodg/Gouemment, the concemed authoita afier issuing the notices, if ang ce-nt land holders are receiued, it is a tegotlg ualid objection notices tf ans adiacent tand. 'n' nafurallg demarcation LU I be ut issued to all the concemed In such cases, noticet conseqtenfla two times onl 'o 7.,""*",,1,*"^;;;ffr;rtrt*:[!\^n^::,::,:::,{:, be r'ssued intimating them thn '* demarcation tuitt be done on the date ^.rn"r*ir"'l*';;' I nottce 'euen in their absence", cts due opportunitg uas giuetL , "

6. *, it bg 'cation and If the demarcation application qpptication mag be -n u::' ""*.:";-.;::rted " ", ", i- o"n of undiuided .fietd : tnto patta sub-diusion ^ loiiiT"ll!'*"' t o b e ro u o ta e ct f o r "n "o o,, 10. From a perusal of the abo ue refened. Ciralars, it is clear that as and. when F_Iine petitio ns for demarcatio n/ sub-diutston are receiued in respect of portions of surueg numbers in agna tural tand, theg are required to be conuerted a aPplica tions for sub-diuiston bg the Tah,sitdars on pagmertt oJ balance fee pagable, if ang sub-dtubion shall be done rn respect of the Tetangarw Districts in accord.ance with Circttlar tn Rc. No. N 1/ I 4O8/ OZ, d.a ted 15.O7.2OO7, issued b'g the Commissioner of gynqA, Settlement and Land Records At thts stage, would be rLecessary b make note of some of the S \ I 5 instntctions i.ssued in the said. Circular dated 13.O7.2OO7 u.thich are ertraded hcreunder: "5. Thereafi.er, thc Mandal Surueyor wilt pro(Eed for sub- diuision and prepare the sub-diuision reard.. The sub-diuision shall be dore in acmrdance with the d.escription of propertg sale deed in case of sales, partition deed in case of paftition, mutual agreenrent in case oJ succession etc. Houeuer, the sub-diuision uill be done or g subjed to th.e actual possessioa on ground tollying uith the documents mentioned aboue prouided ttat the Transferees nane finds place in thp Reuenue accounts through proper mutatiort 6, Afier preporotion of the SDR, the Mandql Surueyor shatt submit it to tte Tatsild,ar utho uttlt ueiJy uhether it confms to tLLe doanments and uttrctlcr records are signed bg all the concemed parties. Thereafi.er, Tahsildar sLould send the record to Assistant Arector, SYrueg and Land Records Department with a proposal lor sanction of Ptodi.

7. Upon reeipt of this proposal, the Assistant Director slnll scratinizc tte records and take further qction for preparation and iss]./€ of sttpplementary sethwar and for incorporation of ctunges, if ang.' 1 1. Tle Circular instructions issued bg the Commissioner are uery clear and absolutelA there is no ambigaitg and the obligatton *at i-s cast upon the respondent-Tohsitdar is unequiuo@l and lence, anA action on the part of the respond.ents to reftse to conduct suruey and demarcation or sub-diuisian of the pdrt sun)eg numbers pursuant to the request made bg the persons concemed bg subrnitting F-Line petitions is totally impermissible ond illegal. It is onlA to auoid such anTbiguous situation, the aboue refered ciralars uere issued cotegoricdllA stating that it k the obligation on the part of the respondent-Tah.sildor to take up such applications as and when the applications are receiued for suruey and demarcation of part sunteg numbers ond to complete the sutlEA bA dulg allecting the required fees."

5. This Court on consideration of the said Circulars, disposed of the said writ petition wtth cerdn directions. In the tight of the said 6 decision, this Court is of the considered view that the petitioner herein is also standing on the same footing and he is also entitled for the said relief to maintain parity.

6. In view of the above, this Writ petition is disposed of granting liberty to the petitioner to submit FJine application with the respondent No.4 with a specific request to conduct sub-division survey. On receipt of the said application; i) Respondent No.4 is directed to take up F_line application of the petitioner for conducting subdivision survey and demarcation by fixing boundaries of the subject laads admeasuring Ac. l_38 gts in Sy.No.357 situated at Chandanvelli Village, Mandal, Chevella Revenue Division, Raaga Reddy Distri ii) In case, if respondent No.4 is of the view that sub-dir.ision numbcrs is required to be done and any further fee is required to be paid by the petitioner in terms of the Circulars referred above, the same shall be intimated to the petitioner ancl on receipt of such intimation, the petitioner shall pay such fee as may be required by respondent No.4. Shabad iii) On such payment of fee by the petitioner, respondent No.4 shall take furthcr steps for taking up the survey as requested 7 by the petitioner and conclude the same in accordance with law; iv) The entire exercise, as directed above, shatl be completed within a period of forty five (45) working days from the date of receipt of F-Line APPlication. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs' To, /ITRUE COPY// SD/.V.KAVITHA DEPUW REGISTRAR SECTIO FFICER T.S.,Hyderabad. 1 Itr . . Principal Secretary, Revenue Department, Secretariat Buildings, I 2. The Tahsildar, Shabad, Rangareddy District. 3. The Revenue Divisional officer, cjr6ve[q., Rgnga Reddy District. Teranagna. 4 rhe D^el:uty lLspggto1 oJ ggry_el,.&LS.q _R9ddy-District, teringina. - -' - 5. one CC to SRt. M. PHAN|NDRA PAVAN xnSHynp, Aavoiaiu iopucl 6. Two ccs to GP FoR REVENUE.,High court ror tne stite oltttaffina at 7. Two CD Copies Hyderabad [OUT] t BM GJP Yv HIGH COURT DATED:1310312025 \ ORDER WP.No.7829 of 2025 G i:1E s 14 /€ ( 21 JUrl 2P5 .J o ., DISPOSING OF THE WRIT PETITION WITHOUT COSTS o- r coQt"o \b ..] \-,