High Court · 2025
Case Details
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Writs more appropriately a Writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned endorsement proceedings No. F/1073/2024 dated.05101/2025 advising the petitioner to approach competent Court for appointment of Advocate Commissioner for conduct of Survey which is illegal, void, ultra virus and u nconstitutional and consequently direct the respondent No.3 to demarcate the petitioner s agricultural land bearing Survey No. 1701 12 admeasuring Ac. 0.17 guntas situated at Choutuppal Mandal, Lakkaram Village, Yadadri Bhuvanagiri District' T.G., in the interest of justice and equity. T 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 3rd respondent to initiate steps for the demarcation of the agricultural land bearing Survey No. 1701 12 admeasuring Ac. 0.17 guntas situated at Choutuppal Mandal. Lakkaram Village, yadadri Bhdvanagiri District, T.G., pending disposal of the Writ Petition in the interest of justice and equity. Counsel for the Petitioner: SRt MD.ABDUL MATEEN eURESHI Counsel for the Respondents: SRI L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER I I --/ .I ..,. ,,^ HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIONN0.8600 of2o25 ORDER It is stated that the petitioner is the owner and possessor of the agricultural land to an extent of Ac.O. i 7 guntas . in Sy.No.17o/ru/2, situated at Lakkaram Village, Choutuppal Mandal, Yadadri-Bhongiri District. It is further stated thqt. the name of the petitioner was mutated in all the revenue records and pattadar passbook No.T3OOSOOSO174 uid.e Khata No_482 was also issued in his lavour under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O (for short "the Act 9 ol 2O2O"l. It is further stated that, when the adjacent pattadars/ neighbouring land owners are causing inconvenience to his enjoyment of the subject property by disturbing the boundaries, the petitioner was constrained to make F-Line application seeking for conducting survey and demarcation. It is further stated that, when the said application was not consiclered, the petitioner was constrained to file W.P.No.29688 of 2024 before this Court ald this Court, uide order, dated 24.1O.2024, directed respondent No.3 to conduct survey and fix the boundaries of the subject land. The grievance of the petitioner is that respondent No.3, without ) CVBR. J \l'p_8600 2025 taking into consideration of the documents enclosed in support of the application, had rejected the application. Hence the writ petition.
2. Considered the submissions of the learrled counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and with their consent, this writ petition is being disposed of at the admission stage.
3. Learned counsel for the petitioner has submitted that the respondent authorities have passed the impugned order without taking into consideration of the documents enclosed in support of the application, wherein they stated that the supplementary sethwar and tippon are not available for preparation of the sub- diviSion records.
4. Learned Assistant Government Pleader for Revenue has submittecl that the F-Line application was rejected stating that the.Mandal Surveyor has reported that, as per records the total extent of the land in Sy.No. 170 is Acs.24.09 guntas and the land held by the petitioner is only Ac.0. 17 guntas and there is no supplementary sethwar and tippon for preparation of sub- division record of the petitioner's land and it is not possible to o ( I CVI]R, J Wp_8600 202s demarcate the part of the land held by the petitioner. In viiw of the disputes raised by the adjacent pattadars, the petitioner :was advised to approach the competent civil Court.
5. Be that as it may, it is settled law that the survey officers either appointed under the provisions of the Telangana Survey and Boundaries Act, 1923 or under the provisions of the Telangana Land Revenue Act, I3i7 Fasli, are having power to conduct survey and fix the boundaries and in the event of non- availability of the Tippons for the subject survey numbers, the Survey Department has to consider the Village Naksha, chowpasla and tippons of abutting lands to fix the boundaries of the extent being claimed by the petitioner. Since the application submitted by the petitioner was rejected try the Tahslldar stating that the Tippons, which are required for preparation of sub-division records, are not available, this Court deems it appropriate to dispose of this writ petition directing the petitioner to assail the said order before the appellate authority i.e., the Inspector of Survey or the Assistant Director of Survey and Land Records in terms of the circular instructions issued by Commissioner, Survey and Land Records as the said + CVBR, J Wp 8(100 2025 authorities are equipped with the material to conduct the survey of ETS/ DGPS and also preparation of sub-division records. () With t he above observations, this Writ petition is disposed of. There sh;tll be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand <;losed DEF'UTY RE //TRUE COPY// SD/- T.TIRUMALA DEVI qSTRAR / ./ SECTION OFFICER To, 1 . The Principal Secretary Revenue Department, Office at. Secretariat, Hyderabad, T.G.
2. The District Collector, Yadadri Bhuvanagiri District, Office at. yadadri Bhuvanagiri District, T.G.
3. The Tahsildar, Choutuppal Mandal, Lakkaram Village, Yadadri Bhuvanagiri District, T.G.
4. One CC to SRI MD.ABDUL MATEEN QURESHI, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]
6. Two CD Copies BSR PSK \P HIGH GOURT DATED:21 10312025 I ORDER WP.No.8600 of 2025 of TEt .t - .1L .$' .\ d3 f tll * ;Y .) Lj- t: DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o tr{ lr'llrf