Shahbaz Khan v. The State

PetitionunderArtiQle226oftheConstitutionoflndiaprayi,ngthatinthe circum$tances stated in the affidavit filed therewith' the High Court may be pleasedtoissueanapproprialeW[it,order,ordirectionmoreparticularlyonein thenatuleofWRIToFMANDAMUSdeclaringtheactignoftherggpondentNo.4 in not condqcting survey and fixed the boundaries towards the petitioners patta land admeasuring Ac. f.QO Guntas in Sy No 5111tAt2' Kadampalle Village' Kosgi Mandal. Narayanpqt, District, Telangana State which is illegal, arbitrary' oontrarytotheprovisionsofTelanganaStatesurveyandBoundariesActl923 and as well as the fundamental right guaranteed under the constitution of lndia' and consequently direct'the responlent no 4 to gonduct the s:rvey a.ndjix:hq boundaries q[ the petitioner s. patta land admeasuling Aq' 2'00 Gultas in Sy' No' 51t1tN2,Kadampa!leVillage'KosgiMandai'Narayanpet'Distriqt'Telangana State. .. lA NO: 1 OF 202 5 Petition L ndet Section 15'1 CPC praying that in the circurnstances stated in the affidavit f led n support of the petition, the High Court may be pleased to direct the respo rdent No. 4 to conduct the survey and fix the br:undaries of the petitioners patt r land admeasuring Ac. 2.00 Guntas in Sy No. 5111lNl; Ka{ampalle V'illage, Kosgi Mandal, Narayanpet, District, Tela rgana State by considering the rnline application dated 17 -12-2024. Counsel for the Petitioner: M/s. NASEEM ARA Qgunsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORQER l I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.8953 of2o25 ORDER: This writ petition is filed declaring the action of responden[ No.4 in not considering the F-Line application, dated 17 '12'2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs'2'00 guntas in Sy.No.Sl/ llAl2, sttuated at Kadampalle Vi1lage, Kosgi Mandal' Narayanpet District, as i1legal, arbitrary and contrary lo the provisions of the Telangana Survey and Boundaries Act, 1923 and for other approPria te reliefs. It is stated that the petitioner is the pattadar and possessor 2. of the agricultural land to an extent of Acs'2'O0 guntas in Sy.No.51/ 1/A/2, situated at Kadampalle Village, Kosgi Mandal' Narayanpet District. It is further stated that the name of the petitioner was reflected in a1l the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T01 |2O24OB54 uide Ktlata No.6059 1 under the provisions of the Telangana Rights in Land and Pattadar Passbooks l,.cl, 2O2O' It is further stated that due to abnormal increase of the land price some of the neighbouring iand owners have started disturbing the boundaries of the subject land and as such, the petitioner had 2 CVBR, J $/p 8953 2025 submittc(i Ir-l-ine application, dated 17.12.2024 Lo respondent No.4, bi, ca1 ing requisite fee to conduct survey of rhc r;ubject land and fix lL e boundaries. The grievance of the petitioner is that even after r:c eivir-rg the said F -Line applicatior-r. the respondent authoritie s trrc not conducting survey and fixat:on of the boundari.'s.

3. Cor rsickrrecl the submissions of the learncd cou nsel for the petition3l arrrl learned Assistant Government Pleader. br Revenue appeari:-r1, fc,r lhe respondents and u,ith their consent this writ petition is disposed of at the admission stage. 4 . Lt:a rne c[ counsel for the petitioner has submit ted that in terms of tlu: circular issued by the Commissionr:r, Survey, Settlemer ts and Land Records, the respondents arc bound to consider the application wrthin 45 days from the ,.1atc of the applicatic n af-er collecting neccssary charges.

5. Sri L.Ilar.ir-rder, learned Assistant Government Pleader for Revenue appt:aring for the rcspondents has submittr:d that the responder rt rr-tthorities will consider the aforesaid F-Line applicatio n sr- bmitted by the petitioner by following duo procedure laid dorvrr rLnder law and conduct suney ancl dernarcate the subject ..a -id by fixing boundaries ':: J CVBR, J wp 8953-202s

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, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, ).923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (lield 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 fixation 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.N1/6543/99, dated 25.07.2OO1, Rc.No.N1/ 14OB/07, dated 13.O7.2OO7, and Rc.No.N2/1741l2OlO, dated 18.05.2010 stipulating the conditions for conducting survey of private iands and as per the said circulars, if the petitioner fulfils a1l the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specifred in the said circulars. 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents t I l'I I 4 CVBR, J 'ilp_8953_2025 No.4 t( il:{amine the petitioner,s F-Line rrppl;cation uid.e No.TTDF R022401 It9431, dated 17.t2.2O24 submitted for conducrti ng s;urvey and demarcation by hxing bor-rnclzrry slones to the pt:t tiorcr's land to an extent of Acs.2.OO guntas in Sy. No. [i 1 I 1 ,t \ I 2, situated at Kadampalle Villagc, Kc.,sgi Mandal, Narayan ret l)istrict and if the petitioner fulfils all th e conditions mentiort d rrr the circulars issued by the Commisstoner, Survey, Settlerr,e tts and Land Records from time to time, after issuing notices t: all the persons interested and adjercelt p€rttadars and after c.nsidering their objections, respondent No 4 slrall conduct survey :1 tl-rrt aloresaid land, within a period of cight (g, u,ccks from the date ,rf r,::eipt of a copy of this order.

8. \ rir h the above observations, this Writ petition is disposed of There sira.ll trt: no order as to costs. 9 . As a sr:quel, the miscellaneous petitions pencti ng, if any, shall sterr d cl,rsed. SD/-A.V.S. PRASAD ^ $4Tr REGISTRAR t- I SEcTroN oFFtcER I?3".5JiT' Ll:t,,so?T:is"ryd"nX."""" Department, secretariat Buirding, //TRUE COPYII To, 1

2. The District ilo 3. The Assistant District. llector, Narayanpet, District, Narayanpet, Telangana State. t)irector, District Survey and Land Records, Narayanpet,

4. The Tahsilcjar, Saoasivpet Mandal, Narayanpet, District 5. One CC to tM/s NASEEM ARA, Advocate tOpUCl 6 Two CCs to Gp Hyderab;d K,UTI FOR ryEVENUE, High Cou( fos the State of Teta ngana at

7. fwo Qq Copi?g HIGH COURT DATED: 25i10312025 o'i' a. lA /(. 29 ytAl ,ffn i (o J,. f -:. --.:j -. -,-i.i .l -:-: -4. ORDER WP.No.8953 of 2025 o- J O DISPOSING OF THE WRIT PETITION, WITHOUT.COSTS