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 issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 2 & 3 in not conducting the survey and demarcation of the entire extent falling in Sy.no.138 & 13g of Kandlakoya Village, Medchal lrrlandal, Medchal-N/alkajgiri District on 06 07.2019, the panchnama in file no. E1131t8812019 dated 01 .07 _2019, the endorsement no. 81157212019 dated 06 08.2019 as iltegal. arbitrary, contrary to the request of the writ petitioner made through F-line application dated 15.03.2019, violative of the circular instructions and provisions of Telangana Land Revenue Act, 1317 Fasli and violative of Article 14 & 3004 of the constitution of lndia and set aside the survey, the panchnama in file no. E|131188/2019 dated 01 .O7.2019 and the endorsement no. F.|157212019 dated 06 08.2019 while directing the Respondents 2 & 3 to conduct the survey and demarcation of the land admeasuring Ac.'l .00Gts. falling in Sy.no. 138/part and 139/part of Kandlakoya Village, Medchal IVlandal, Ranga Reddy District earlier now Medchal-Malkajgiri District purchased by Petitioner under registered sale deed Document no. 596/.19g3 dated 29.01.19g3 from Smt. It/. Arundhati in terms of the settled law by the Hon'ble Division Bench in W.A No. 618 of 2013 dated 14 06 2013 and batch of writ petitions no. 4811 of 2011 and batch dated 28.04 zArc (Prayer Amended as Per C.O.DT.17.03.2025 lN lA No.1/2025) lA NO: 1 OF 2019 Petition uncler 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 official Respondents to immediately survey the land admeasuring Ac. '1 .00 Gts. falling in sy. nos 138/part and 139/part of Kandlakoya Village, Ivledchal tr/andal, Ranga Reddy District earlier now lrrledchal-lVla lkalg iri District vide regrstered sale deed Document no. 596/1993 dated 29.0'1.1993 from smt. tvl. r\rundathi and fix the bouridaries of both the lands apart from fixing the boundaries of the said survey numbers lA NO: 2 OF 2019 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed ir support of the petition, lhe High court may be pleased to direct the 2nd Respondent and his office to demarcate and fix the boundaries as prayed for in LA. No. 01 ol 2019 in the writ petition, otherwise the petitioner would continue to suffer irreparable {oss and injury and a threat of illegal encroachment, could also lose her valuable land due to the action of the 2" Respondent and his office Counsel for the Petitioner: SRl. T SURYA SATISH Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.8341 OF 2019 ORDER:

1. This Writ Petition is filed questioning the inaction of the respondents in not conducting survey and fixing the boundaries in respect of land admeasuring to an extent of Ac.1.00 Guntas falling in Sy.Nos. 138/Part and 139/Part of Kandlakoya Village, Medchal Manda1, Ranga Reddy District, nou' in Medchal-Ma-lkajigiri District, belonging to the petitioner in spite of his representations, which were made on

22.O1.2016, 12.10.2017 and 15.03.20 19 by paying requisite fee.

2. Heard learned counsel appearing for the petitioner, learned Assistant Government l)lerader lor Revenue and perused the entire material on record.

3. Learned counsel appearing for the petitioner u,ould that t I in similar matters for similar village, this Court passed Orders in WP No.4811 of 2Ol1 and batch, dated 28.04.2016 and requested to pass similar order in thrs matter also. .:\

4. wp rn,.esot,rifii The learned Assistant Govemment pleader for Revenue did not dispute the submission made by the learned counsel for the petitioner.

5. In view of the submissions made by the both sides and by following the orders passed by this court in w.p.No.4gr 1 of 2Oll and batch, dated 2g.04.2016 this writ petition is disposed of setting aside the survey and panchanama in pire No.E/ 131/88 /2OI9 d,ated, 01.O7.2}lg and the Endorsement No.B/ 1572/2019 dated 06.08.2019, by directing the respondents to consider the application of the petitioner for conducting survey and demarcation of the subject lald by receiving necessary charges. There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending shall stand closed SD/.M. OSMAN A LI BAIG ASS NT REGISTRAR To, I 2 3 //TRUE COPY// The Principal Secretary, Revenue Department Sec The Tahsildar, Medchal Mandal, Ranga Redd y District The Mandal S urveyor, Medch Ranga Reddy District al, Mandal, O/o. Tahsildar, Medchal Mandal, SECTION OFFICER I riat at Hyderabad

4. One CC to SRt T SUR. u ,,Jf,?". Two CD Copies W 6 KKS to Gp FoR -3JfJ:Til::,1",jT::late orre,ansana . -l HIGH COURT DATED:1 7,t4312025 \ \ \1o( fA .O t 2 3 .tut m f.(' z L,\ "l P4 1 H ORDER WP.No.8341 of 2019 DISPOS!NG THE WRIT PETITION WITHOUT C:OSTS i[1 b / HON'BLE SRI JUSTICE A. RAJASHEKER REDDY 1 cq6'. 20a2. 2"1 6q ))\, WRIT PETITION Nos.4811 of 2011.31799- 38450 of 2014. 695. 704. 705. 706. 851. 1286. 1317. 1363. 1385. qqRR al a? I qroq B5 2 R7e4. AqO2. q2 '7 <t1'7) qTCO qR)o oa?l "R7 10043. 11401. 11428. 12549. 13332. 13439. 161s8. t63O6. 1,7514. 1A767. 191.89. 19722 of 2Ol5 and W. P. No. 24695 of 2oO9 )44 1 ?qfll COMMON ORDER: Since issue involved in these matters is one and the same, all these writ petitions are disposed of by this common order. In all these writ petitions, it is the case of the petitioners that they have made representations to the respondent- authorities for conducting survey and demarcation of their lands and that they have paid necessary charges and inspite of the same, the survey is not being conducted. In some of the cases, it is the case of the petitioners that the respondent- authorities are not receiving necessary charges towards conducting of survey and demarcation of their lands. Aggrieved by the said action, the present writ petitions are filed seeking directions to receive representations and necessary charges for conducting survey alrd demarcation of the lands of the Petit'ioners. Common counter affidavit is filed admitting that the Government has issued Circulars in respect of survey of lands subject to conditions that the persons seeking survey are required to produce certain documents in terms of Circulars and only on compliance of said cond.itions, the survey would be conducted. Since the petitioners have not complied with the conditions stipulated in the Circulars, they are not entitled for any directions- As such, sought for dismissal of the writ petitions' Learned counsel for the petitioners while relying on the judgment, dated 14-06-2013, passed by a Division Bench of this Court in W.A.Nrr.61B of 2013 submits that basing on the Circulars issued by the Government, the Writ Appeal was disposed of direrjting the respondent-authorities to conduct survey and issue necessary survey report/proceedings to the appellant/petitioner t herein. Learned Government Pleader for Revenue by placing reliance on the Circr.llars vide Rc.No-N 1 ll4o8lo7, dated 13-07- 2007, Rc.No.N1 16543199, dated 25-07-2001 and Circular vide Rc.No.N2/1741i2 010, dated 18-05-2010 issued by the Commissionec Survey, Settlements and Land Records, submits that unlcss the petitioners comply the conditions laid down in the said Circulars, they cannot, as a matter of right, seek directions for conducting the survey and demarcation of their lands. The Circulars are issued only to facilitate the survey of private lands. He also submits that in WA.No.618 of 2013, relied on by the learned counsel for the petitioners, a direction was issued for compliance of conditions and after production of relevant. documents for suwey as sought by the respondents in Memo dated 16-04-2012 and reminder Memo dated 10-06-2013, the respondents are directed to conduct survey and issue necessaSr report/proceedings to the appellant therein. Learned Government Pleader basing on the counter submits that in respect of the plots situated in approved layouts of Municipalities and Municipal Corporations, the survey cannot be conducted by the Survey department and it is for the licensed surveyors licensed by the Corporations to conduct the sun'ey. A perusal of the Circulars relied on by the learned Government Pleadr:r for Revenue goes to show that subject to compliance of conditions in the Circulars, survey can be I I undertaken. The Division Bench in the said Judgment also considered the effect of Circulars and set aside the order of learned Single Judge' Learned counsel for the petltioners also not disputed that the petitioners have to complv the conditions in the Circulars relied on by the learned Government Pleader for Revenue ln fact' Division Bench issued directions basing on the Circulars Learned Government Pleader for Revenue also states that while taking up the survey and demarcation of the lands' the Survey Depadment has to follow the provisions under Sections 89' 89- A and 92 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (For short " the Act")' In view of the above facts and circumstances' the writ petitions are disposed of directing the respondent-authorities to consider the applications of the petitioners for survey and demarcation of lands after receiving necessary charges' keeping in view the Circulars vide Rc'No N1/1408/07' dated 13'07'2007 ' Rc.No.N1/6543/99' dated 25-07-2001 and Circular vide Rc.No.N2/1741/2010' dated 18-05-2010 and also in terms of the judgment in W'A'No'618 of 2013 and also keeping in view the provisions of Sections 89' 89-A and 92 of theActandtakenecessaryactionandcommunicatethe decision to the parties' lt is open for the petitioners to prefer appeal against the said ordec if they are aggrieved in terms of circulars referred to above' Miscellaneous Petitions' if any' pending in these writ petitions shall stand closed' A.RAJASHEI(ER REDDY'J 2 B'04-2 016