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 or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, particularly the 3rd respondent herein in not conducting sub division survey and demarcation of the land bearing Sy.No.13'l12, situated at Elchipur village, Kamareddy Mandal, Kamareddy District, on the F-line application of the pettioner dated.03.09.2024 is illegal, arbitrary, unjust and violation of principles of natural justice and against the provisions of Survey and Boundaries Act, i923, and the Rures made thereunder, and consequently direct the respondents 2 and 3 to conduct sub division survey and demarcation and fix boundary stones surrounding land of the petitioner ring sy.No.'13112 admeasuring Ac.1-09 Gts., situated at Erchipur Vilrage, Kamareddy Mandal, Kamareddy District. lA NO: 1 OF 202s / 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 31d respondent to conduct sub division survey, demarcation and fix boundary stones surrounding land of the petitioner bearing Sy.No.131/2 admeasuring Ac.1- 09 Gts., situated at Elchipur Village, Kamareddy Mandal, Kamareddy District, on the F-line application of the petitioner dated.03.09.2024, immediately, pending disposal of the writ petition. Counsel for the Petitioner: SRI MOHD MOIN AHMED QUADRI Counsel forthe Respondents: AGP FOR REVENUE The Court made thr: following: ORDER THE HON,BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.8O95 of 2025 ORNER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking to declare the action of respondent No.3 in not conducting sub-division survey and demarcation of the land bearing Sy.No. 131/2, situated at Elchipur ,Village, Kamareddy Mandal, Kamareddy District on the F-line application of the petitioner uide dated O3.O9 .2024 as illegal, arbitrary, unconstitutional and consequently prays this Court to direct the respondent Nos.2 to 3 to conduct sub-division survey, demarcation and fix boundary stones surrounding the land of the petitioner.

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

3. The petitioner claims to be owner and possessor of land admeasuring Ac. 1-09 guntas in Sy.No. 131/2 situated at Elchipur Village, Kamareddy Mandal, Kamareddy District. It is the case of the petitioner that she had submitted F-Line Appiication on O3.O9.2O24 for conducting gurvey, demarcation of land and for Iixation of ,/ I I I 2 boundary stone in the subject land, but respondent No.3 neither conducted sub division survey nor considered the F-line application submitted by the petitioner. According to the petitioner, till date, no action has been taken by respondent No.3. 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 'OB '2022 in W.P.No.327 85 of 2022 and the relevant portion of the said order is extracted hereunder: '8. The Commissioner, Suruey, Settlements and Land Records. Hgderabad, has issued. uarious circulars from time to time in connection uith conducting of surueg, demarcations and sub-diui.sion of land and suruey numbers ttnd also disposal of F-line petitions submitted bg the parties con.cerned seeking surueg and sub-diuision. The said circulars uere issued keeping in uietu the Board Standing Orders-344 para 20(a) of the Board Standing Orders, tultich reads as under: - "Applications from piuate parties to point out the boundqries oJ their felcls in accordance with the survey records mag be receiueci. bg the Taluk Tahsttdar. On rec€ipt of the appttcation wtth the deposit (prescibed fee), the To.hsildar should fonuard it to the Suruellor-Firkct Deputg SurueAor who should, during his usit to the uillage, conryLg u.tith the request. The SurueAor-Firko Deputy Surueltor should afier pointiig out the required bounda4l to the ryot, obtain his signature to that effe<:t in the application. and shoulcl hinsetf (toite) thereon that the boundctry Luas poitTted out bg him in accordance u-tith the medsuretrlents noted in the'. surueg records ' Paragroph No.6 (b) of the Rc.No.N2/ 1741/201O, dated

18.05.2010 Ciranlar reads as under:- \ .-] 3 "F line petitions/ demarcation petitions receiued in respect "u*"g fields in agicttltural land.s should be of portions oi aiuerted by Tatsitdars ad applications for stbdiubion on paAment of balance fee pagable, if ang and subdtutsion should be -d.oie in qccordance uith BSO 34-A para 73 and in respect of Telangana districls in accordance uith CSSLR ciranlar Rc.No.N 1/ 1408/ 07 dt.13.07.2OO7.' Thereaft.er, another Ciranlar in Rc.No.N!/ 4296/ 2012 9. dated 22.O8.2O12 utas issued duly issuing furtlrcr instructions and g idelines for demarcation and surueA of tlrc sub-diuision surueg numbers and irlstruction Nos- J to 6 of the said Cirallar read as under:- " 1. Every F Line Demarcation application must be submitted to lhe concemed Talrcitdar/ E-Seua/ Mee-Seua. 2. Euery F-Line Demarcation application must be registered and such registered applications must be attended in seiatum onlg and ualid reqsons for ang deviation to the seiatum should be recorded. 3. (a) Euery F Ltne demarcation application shall be accompanied bg a Xerox copA of pattadar passbook or a copA of the latest adongol/ Pahani. (b) Demarcation application without such supportiue or eutdential document mag be rejected. 4. If the dpplicant submits a self stuorn affidauit declaing his ights/ reputed. ounership a possession along uith tle demarcation petitiory the concemed Tahsildar mag take an appropiate d.ecision afier thorough ueification of records either to fonqrd ttle same to the Suruegor or reject. 5. (a) Mandal Suruegor/ Deputg Surueyor shall serue notices to (1) Applicant (2) Ad.jacent land holders uithin the surueg number anrT adj oining suru e g numb e r s (3) Vtltage Reuenue Officer H) If the adjacent land belongs to local bodg/ Gouemment, notices shall be \erued on tle concemed quthoitV 4 (b) Pnor to issue of notices or aft.er issuing the notices, iJ anA uritten objectiotls of the adjacent land Lnlders are receiued, demarcation cannat be denied unless it is a legallg ualid objection and approued bg the Tahsildar. (c) In general, afier issuing the nottces iJ ang adjacent land holder absent for demarcation, naturallg demarcatiort tuill be postponed. In such cases, nntices to be issued to all the concerned conseqrrcntlg ttuo times and if ang of them is absent for detnarcation euen after receipt of the notices, a fi.nal rtotice shall be issued intimattng them that the demarcation will be done on the date mentiorrcd in the final notice "euen in their absence", as druz opportunitg was giuen.

6. If the demarcation apptication is lor a part of undruided field suclt application mag be conuerted into patta sttb-diuision application and necessarg statutory procedure to be followed for it bg taking application from applica nt."

10. From a perusal of the aboue rekned Circulars, it is clear that os a nd uhen F-line petitions for demarcation/ sttb-diuision are receiued in respect of portiotts of surueg numbers in agicLtltural land, they are required to be conuerted as applications for sub-diuision bg the Tahsildars on payment of bolance fee pagable, if ang and sub diui.sion shall be done in respeL-t of the Telangana Distncts in accordance with Circulor in Rc.No.Nl/ 1408/ 07, dated 13.07.2OO7, issued bg the Commissioner of Surueg, Settlement and l,and Reards. At thi"s stage, it LUouId be necessary to make note of s<tme of the instntctions i.ssued in the said Ciranlar dated l.f .O7.2OO7 u-thich are extracted lLereunder: "5. Thereafter, the Mandal Surueyor uill proceed for sub- diuision and prepare the sub-diuision record- The s;itb-diuision shalL be done in accordance uith the desciptiorL of proltertg sale deed in cose of sales, partition deed in case of partiti<tn, mutual agreetnent in case of succession etc. Houreuer, the sub-diuision \ , 5 uitt be done ontA subject to the actual possession on ground ialluinq u.)tth the-documents mentioned aboue proutded that the name fnds place in the Reuenue accounts through i;';;ir;"t proper nulation.

6. AfTer preparation of the SDR, the Mandal Suruegor shall Jn/Dmtt it toihe iattsitdar ittho uill ueifA whether it conf rms to the do.um.nt" and tthether record's are signed' bg all ttrc concetned piii.s. fnereaTer, Tahsildlr should send the record to Ass''stant ';r;;;ir, suru"y ,nd Land Records Department tuith a proposal for sanction of Phodi.

7. lJpon receipt of this proposal, the Assistant Drector stalt scrutinie the reiords and take further action for preparation and. issue of supplementary seth:luc.r and for incorporatton of changes, if anY.' 1 1 . The Circulor irt-structions issued bg the Commissioner are uery clear and. absolutelA there is no ambiguitA and the obligation that is cast upon the respondent-Tahsildar is uneEtiuocal and hence, anV action on the port of the respondents to refuse to cond.uct surueA and demarcation or sub-diuision of the part surueg numbers pursuant to the recluest made bg the persons con(Emed bg submitting F-Line petitions is totattg impennbsible and illegal' It is onlg to auoid such ambigaous sih)ation, the aboue refened ctrculars utere issued categoricallg stating that it is the obligation on the part of the respondent-Tahsitdar to take up such applicalions as and when the applications ore receiued for sur-ueg and demarcation of port surueg numbers qnd to complete the surueg bg dulg collecting tle required fees'"

5. This Court on consideration of the said Circulars' disposed of the said writ petition with certain directions' In the light of the said decislon, this Court is of the considered view that the petitioner titled for herein is also staDding on the same footing and he is dlso en ) the said relief to maintain parity' "'1 6

6. In view of the above, this Writ Petition is disposed of granting liberty to the petitioner to submit F-line application with the respondent No.3 with a specific request to conduct sub-division survey. On receipt of the said application; i) Respondent No.3 is directed to take up F-line application of the petitioner for conducting subdivision survey and demarcation by fixing boundaries of the subject land admeasuring Ac. 1-09 guntas in Sy.No. 131/2 situated at Elchipur Village, Kamareddv Mandal, Kamareddy District; ii) In case, if respondent No.3 is of the view that sub-division numbers 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 intimate<l to the petitioner and on receipt of such intimation, the petitioner shall pay such fee as may be required by respondent No.3. iii) On such payment of fee by the petitioner, respondent No.3 shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law; I I ,/ I 7 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 F-Line Application. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// SD/-A. SRINIVASA REDDY ISTANT REGISTRAR \ SECTION OFFICER To Telangana. 1 . Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of 2. The District Collector, Kamareddy District. 3. The Tahsildar, Kamareddy Mandal, Kamareddy District. 4. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUTI

6. Two CD Copies PSK. ,u'\<t)" _J---="- HIGH COURT DATED:18103t202s ORDER WP.No.8095 of 2025 ,^.a 1\i ':: S I4, '( /i,t 25 APtl Z[[ -t D DISPOSING OF THE WRIT PETTTION WITHOUT COSTS