Thangella Laxma Reddy v. The State of Telangana

Petition under Article 226 ot the Constitution of lndia pr.aying 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 declaring the action of the Respondent Nos.4 and 5 in non-considering the Application for Appeals on Demarcation through vide No.AOD022400068094, dated. 2811212024 and non-conducting the survey and demarcation on the agriculture land of the Petitioner to an extent of land Ac.2.'10 Gts in Survey No.54lA, which is situated at Vemulapally Village and Mandal, Nalgonda District and non-initiating to fix the boundaries to the Petitioner land is illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.4 and 5 to consider the Online Application for Appeals on Demarcation through vide No.AOD02240O068094, daled. 2811212024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.2. 10 Gts in Survey No.54/A, which is situated at Vemulapally Village and Mandal, Nalgonda 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 Respondent Nos 4 and 5 to consider the Online Application for Appeals on Demarcation through vide No A0D022400068094, dated 2811212024 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.2.10 Gts in Survey No.54/A, which is situated at Vemulapally Village and Mandal, Nalgonda District pending disposal of the Writ Petition Counsel for the Petitioner: SRl. RAPOLU BHASKAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASXAR REDDY WRIT PETITION No. 78La of 2o25 ORDER: This writ petition is filed declaring the action of respondent Nos.4 and 5 in not considering the application for appeals on demarcation, dated 28.72.2O24 submitted by the petitioner seeking forconductingsurveyanddemarcationofthelandstoanextentof Ac.2.10 guntas in Sy.No.54/A situated at Vemulapally Village and Mandal, Nalgonda District and non-initiating to fix the bounciaries tothepetitioner'sland,asillegal,arbitraryandviolativeofthe Articles14,15,2land3O0-AoftheConstitutionoflndiaandfor other appropriate reliefs. It is stated that the petitioner is the pattadar and possessor

2. of the lands to an extent of Ac.2.10 guntas in Sy'No 54/A situated at Vemulapally Village and Mandal, Nalgonda 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. T28310030672 uide Khata No. 1455 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further case of the petitioner that due to abnormal increase of the land price some of the neighbouring land owners have started disturbing the boundaries / 2 -jrt of the subject land and as such, the petitioner had submitted application for appcals on demarcation, dated 28.12.2024 to conduct the sun,ey and demarcation of the subject land and hx the boundaries. Thc gricvance of the petitioner is that even after receiving the said application, the respondent authorities are not conducting survr:y and fixation of the boundaries.

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

4. Learned counsel for the petitioner has submttted that in terms of the circul:rr issued by the Commissioner, Survey, Settlements and Land Records, thc respondents itr.e bound to consider the application u,ithin 45 days from the clate of the application after r:ollecting necessary charges.

5. Learned Assistant Government pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid application submitted by the petitioner by follorving due procedure laid down under law and conduct survey and demarcate the subject land by l-rxing bounda ries. "*7 3

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, 13r7 Fasli (Act No. VIII 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 (field measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulhlled, the survey and boundary lxation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc. No.N 1 /654 3 I 99, dated 25.02 .2OO t, Rc. No.N 1 / 1 40 8 / OT, d,ated, 13.O7.2OO7, and Rc.No.N2l t74t /2OtO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.4 and 5 to examine the petitioner,s application for appeals on I I 4 demarcation uide No.AOD0224O0068094, dated 28'12'2024 submitted for conducting survey and demarcation by fixing boundary stoncs to the petitioner's land to an extent of Ac'2' 10 guntas in Sy.No.54/A situated at Vemulapally Village and Mandal, Nalgonda District and if the petitioner futhls all the conditions mentioned in t he circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos 4 and 5 shall conduct srLrvel of the aforesaid lanci, within a perlod of eight (8) weeks from the date of receipt of a copy of ihis order.

8. With the:tbove observations, this Writ Petition is disposed of There shall be no order as to costs g. As a se<1ue l, the miscellaneous petitions pending, if any. shall stand closcd //TRUE COPY// SD/.K. SREE RAMA MURTHY DEPUTY REGI$TRAR l 0t/ SECTION OFFICER The Principal.Secrelary, Revenue Departmenl, Secretariat Building, Secretariat, Hyderabad. The District Collector, Nalgonda, Nalgonda District. The Revenue Divisional Officer, Miryalguda Division, Nalgonda District. The Assistant Director of Survey and Land, Nalgonda, Nalgonda District The Tahsildar, Vemulapally Mandal, Nalgonda District. One CC to SRI RAPOLU BHASKAR Advocate tOpUCl I_wo CCs to GP FOR REVENUE ,High Court for the State of Telangana IOUTI Two QD Copies To, 1 Z 4 5 6 7 I KKS BS s I \ \ HIGH COURT DATE D : 1 310312025 ORDER WP.No.7818 of 2025 ( q f, f 6c S lai c (, 01 APB 2!25 t b, , o ( l. o DISPOSING OF THE WRIT PETITION WITHOUT COSTS q W B