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 an order writ or direction more particularly in the nature of writ of Mandamus declaring the Endorsement vide No. At2o67 t2o24 dated 13-06- 2024 issued by the respondent No. 4for not conducting survey, demarcation and fixing of boundaries and sub-division in respect of Agricultural land in survey No. 7711E2 admeasuring AC 00.31 Gts. situated at Kandi Village and Mandal, Sanga Reddy District, pursuant to the F-line petition No. DER022300991204 dated 1611012023 and the orders of Hon'ble High court in wp No. 9408 of 2024 dated 15-o4-2o24 as illegal, arbitrary capricious and also in violition of Section '10 of The TS Survey and Boundaries Act, 1923, Circular orders and Articles 14,21 and 3004 of the Constitution of lndia.Consequenfly, direct the Respondent No 3 to 5 to conduct .l e I'inal survey pursuant to petitione's' [:- tnt'r petition No' DER022300991204 c ired 16t1Ot2O23 and the order in WP No 9't08 of 2024in respect of AgriculrL rl land in survey No 771tE2 admeasurinl rrC 00'31 Gts' situated at Kandi Vi lz:e and Mandal, Sanga Reddy District IA NO .. 1 0F 2025 Petition tr nc e r in the affidavit fllel ir direct the ResPort<l-" petitioners Petitiorr I'l WP no. 9408 o' I boundaries and sllt)- admeasuring AC 00. District :rj,3ction 151 CPC praying that in the cirlLlmitances stated r;upport of the petition, the High Court may be pleased to r: No 3 to 5 to conduct the final sun'ey n pursuant to r DER022300991204 daled 16t1012023 eLnc the order , in '.t?-4 fot conducting survey, demarcatron and fixing of 'vision in respect of Agricultural land in srlrvey No 771lE2 'l Gts. situated at Kandi Village and Manclal Sanga Reddy Counsel for the Petit oner: SRl. SYED MOUNIS JAFER ABIDI Counsel for the Resl nndents: SRI L. RAVINDER,AGP FOR RE'r'ENUE The Court made the ollowing: ORDER l HON'BLE SRI .'USTICD C.V. BHASI(AR REDDY UIRIT PETITION No.861 6 of2O25 ORDER: . It is stated that the petitioners are the owners and possessors of the agricultural land admeasuring Ac.O.3l guntas in Sy.No.771/E2, situated at Kandi Village and Mandal, Saqga Reddy District, having purchased the same through registered sale deed bearing document No.1872O of 201g, dated 19.05.2018. It is further stated that the names o{, the petitioners were mutated in the revenue record s and the revenue authorities also issued pattadar passbooks uide Khata Nos.61024, 6O948 and 60947, respectively, in their favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short ,.the Act 9 of 2O2O"). h is further stated that, when the adjacent pattadars/ neighbouring land owners are causing inconvenience to their enjoyment of the sutrject property by disturbing the boundaries, the petitioners were constrained to make F-Line application seeking for conducting survey and demarcation. It is further stated that, when the said application was not considered, the petitioners were constrained to hle W_p.No.94Og of 2024 before this Court and this CourL, uide order, dated 75.04.2024 , ,_,_ vr\ 2 CVBR, J \\p 8t l6 2025 directed rel;1r: rlent No.5 therein to conduct sur'/ev )ltrs uant to the notir:e, c ir in accordart-- ' 1 21.O2.2024 uide F|\e No.B/66312{)ii4, strictly with law by putting the petitiont'r-' l-rd all efl'ected pa r L, r on notice and affording them atl ()F pc rtunity' The griev at L< ,: ,l the petitioner is that respondent N'r.ll, without taking i;-t to r-c .r;rderation of the documents enclosecL n support of the applk:rr on, had rejected the application- lle rr:e 'he rvrit petition.

2. Consi,It petitioners,rt Pleader lbr Il r ::d the submissions of the learned r:or-tr sel lor the r Sri L.Ravinder, learned Assistant i rvt rrnment ',/enlre appearing for respondent Nos' 1 to 5 and with therir :,rr : r:nl, this writ petition is being disposel t f at the admissicn stz - :r.

3. Lt),ar t:< the resporLrle :ounsel for the petitioners has s;utrnlit ed that - t. authorities have passed the imprrg,r-re d order without ta < t-' : into consideration of the documents e t'rc losed in support of th rlpplication, wherein they stated that t he Mandal Surireyor, Ii tr rli, reported that the survey cannot Le fone as constructiorrs ,sere made in Ac.O.O3 guntas and the s rid land was alrr:,rd1, c r :rverted into plots. 3 CVBR, J Wp_8616_2025

4. Learned Assistant Government pleader for Revenue has submitted that in pursuance of the orders passed by this Court in W.P.No.94O8 of 2024, respondent No.5 had issued a notice uide Flle No.BlT63/2024, dated 06.04.2024 to conduct survey on 18.04.2024 and on that.day survey team went to the land and the petitioners shown the land in Sy.No.77r to an extent of Ac.O. 18 guntas and out of the said land, an extent of Ac.O.O3 guntas was already having a construction building and in Ac.0.10 guntas, a pre-cast wall was there and the remaining land was vacant. Further, some persons came to the location and they said that the subject land is completely .laid out for plots and they produced plotting documents ancl therefore, the survey work was stopped and submitted a report, dated Learned Assistant Government pleader for Revenue further submitted that basing on the said report, respondent Irio.4 issued the impugned endorsement. t6.o5.2024.

5. It is settled law that the Survey Department has the authority to conduct survey and demarcate the lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of . 1317 F.asli), Survey and Boundaries Act, 1923. and the the Telangana Rules framed 4 ]VBR, J \\ p .ii( l6 2025 thereun<1er l.e Government has issued va:-ious crrculars specifying th t: Lir-re (fiel,l nte surveys :1ro T 1 onditions for conducting surveys' pal-t r;u [arl1' F- r.;urement) surveys. Individuals rerluils f-ir g such ,luired to submit specihc documents ln'l if the conditions -'ti :.riated in the circulars are fulfilled, the survey and bottnd a r' llxation may be conducted The Cotn rrir;sioner, Survey, St:t tl rr-]ents, and Land Records, exercisirLg powers under the I:: l r lgana Surwey and Boundaries Act, 19 23 issued relevant _ (-irrrl l.:rs from time to time vide Rc.Nc'.N1 16;43 199, dated 25.C7.i Rc.No.Nl)/ I l' conditions flt Circulars l Lr survey llv t I (r01, Rc.No.N l/l4O8l07, dated 13 O'z 2otl7, and l20lO, dated 18.O5.201O strpttl:rlirrg the .:onducting survey of the private lzrnrls "he said ne that only agricultural lands are 'rlillible for , Survey Department. In contrast, 'r-rciividuals o\ .ning I)i( ts ,, it.hin the approved layouts, municiparl tie s, Gram , Municipal Corporations are required t( engage Panchayats Licensei j ru r:vors appointed by the Governme'r1l { rr such surveys, ai 1 :se lands are no longer considered as egrlcultural lands. In . L instant case, the petitioner's lanC isr clearly identifir:d a:i )pen plots but not agricultural lanrl S Lnce the petition<:r'; I I operty is not an agricultural land, '-he Survey Departtne:r . rs no jurisdiction to conduct F-Linr: Sr-trvt y as per 5 CVBR, J wp 8616 2025 the Circulars issued by the Commissioner, Survey, Settlements, and Land Records

6. In view of the above submissions and as per the report, dated 16.05.2024, at the time of conducting survey, some persons came there and produced plotting documents, this Court deems it appropriate to dispose of this writ petition granting liberty to the petitioners to approach the Licensed Surveyor for conducting survey of the subject property. 7 With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 8 As a sequel, the miscellaneous petitions pending, if any, shall stand closed I SD/.S. MALLIKARJUNA RAO ANT REGISTRAR SIS A //TRUE COPY// ECTION OFFICER To, The Princioal Secretary Revenue Department, Secretariat, T'S ,Hyderabad ii;; b;ii;ii"r, Siaaipei oistrict Siddiiet.c-ollectorate complex, r3!919.ana' The Assistant Director Survey and Land Records, Sangaredcly ulstrlct' The Tahsitdar, Kandi, Sangareddy District - The Survevor. Kandi Mandal, Sangareddy District' o;;-ct d SHr. SVeo MouNls J-AFERABIDI, Advo-cate to-P-ugl i*" cciL -e i Fon niveuur ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies 1 2 3 4 5 6 7 o BM BS W HIGH COUR"-T ) DATED:21 l0il2025 /. J o U 9* u 1-- j ...4 _- r lX sT4 c " ? E [A',/ i1025 .tt { i{.-:,.;\:- - _- i'-O ORDER WP.No.8616 c f 2025 DISPOSING CIF THE WRIT PETITION WITHOUT CIC STS t1-)