✦ High Court of India · 13 Mar 2025

High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,114 words

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 issue an appropriate Writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of the respondents No. 2 and 3 in not conducting survey, demarcate and fix the boundaries for the land in Sy.No. 26lE1t2 admeasuring Ac.1-1 lgts situated at Nagwar Village' Raikode Mandal' Sanga Reddy District in pursuance of the application made through meeseva dated 23t1112024 made by the petitioners as illegal, arbitrary, unconstitutional, violative principles of natural justice and violative of Article 14,21 and 300-4 of the constitution of lndia and consequently direct the respondents to conduct survey, demarcate and fix the boundaries for the above mentioned land- lA NO: 'f 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 forthwith to conduct survey, demarcate and fix boundaries for the agricultural land in Sy. No. 26lE'l 12 admeasuring Ac.1-1 'l gts situated at Nagwar Village, Raikode Mandal, Sanga Reddy District by considering the application submifted by the petitioner through meeseva dated 23t11t2024, pending disposar of the writ petition. Counsel for the Petitioner: M/s. N.MANGA SHREE Counsel for the Respondents: AGp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUS"ICE C,V.BHASKAR REDDY WRIT PETITION No.7857 of2o25 ORDER: . This writ petition is hled declaring the action of the respondents in not considering the F-Line application, dated

23.11.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac. 1- 1 I guntas in Sy.No.26/E1/2 situated at Nagwar Village, Raikode Mandal, Sanga Reddy District, as iltegal, arbitrary and violative of. the Articles 14, 15, 2l and 3OO-A of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.1-11 guntas in Sy.No.26/E1l2 situated at Nagwar Village, Raikode Mandal, Sanga Reddy District. It is further stated that the name of the petitioner was reflected.in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.TO90OO9O671 under the provisions of the Telangana Rights in Land and Paitadar Passbooks Act,2O2O. It is further stated that the petitioner has submitted F-Line application, dated 23.11-2024 to respondent No.3, by paying requisite fee to conduct survey of the subject land and fix the boundaries. The grievance of the I I I I i I 2 petrtloner is that even after receiving the said F_Line application, the respondent authorities are not conducting survey and hxation of the bounclaries.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing frrr the respondents and with their consent this writ petition is disposed of at the admission stage.

4. 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 thc application within 45 days from the date of the application after collecting necessary charges.

5. Learned Assistant Gor.ernment pleader for Revenue appearing for the respondents has submitted that the respondent authorities rr,ill consider the aforesaid F-Line application submitted by the petitioner by forowing due procedure laid down under raw and conducr. survey and demarcate ttre subject land by lxing 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, l3l7 Fasli J (Act No. MII of 1317 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 (held measurement) surveys' Individuals requesting such surveys are required to submit specihc 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, time vide issued relevant circulars from time to Rc.No.N I /6543/99, dated 25.O7 .2OOl, Rc.No.N I / r4O8 / 07, dated 13.07.2OO7, and Rc.No'N2/174 ll2OlO' dated l8'05'2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fullills all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specilied in the said circulars. 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent No.3 to examine the petitioner F-Line application, dated

23.11.2024 submitted for conducting survey and demarcation by hxing boundary stones to the petitioner land to an extent of \ \ I I I I 4 Ac. 1-1 I guntas in Sy.No.26l81/2 situated at Nagwar Village, Raikode Mandal, Sanga Reddy District and if the petitioner fulfills all the conclitions mentioned in the circulars issued by the Commissiont:r, Survey, Settlements and l,and Records from time to 'time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent No.3 shall conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order. I 8 With tlre erbove observations, this Writ Petition is disposed of There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SDIT. JAYASREE E UTY REGISTRAR //TRUE COPY// CTION OFFICER ', . tn" Principal Secretary' Revenue Department' Secretariat' Hyderabad' State , ih;Hh'.iiJni, Ruiroo" Mandal' Sanga Reddy District' of Telanqana I ::"N#!trL'i"il"' " "n " " "' i iiffi#'i'i;r***$^{ LS $ PSK HIGH COURT DATED:1310312025 ORDER WP.No.7857 ot 2025 ,l r'* ( s r.4 ;r.6- ( a o

13. 27 ilAn 2ffi5 \1.i,?, \ * + ,rar DISPOSING OF THE WRIT PETITTON WITHOUT COSTS @q;'a W

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