✦ High Court of India · 25 Mar 2025

High Court · 2025

Case Details High Court of India · 25 Mar 2025
Court
High Court of India
Decided
25 Mar 2025
Bench
Not available
Length
1,374 words

The District Collector, Nalgonda, Nalgonda District The Tahsildar, of Kondamallepally Mandal, Kondamallepally Village and Mandal, Nalgonda Distirct The Station House Officer, P.s.Kondamallepally, Kondamallepally Village and [\rlandal, Nalgonda District Budida Venkataiah, S/o.Kashaiah, aged.45 years, Occ.Agriculture, Rl/o. Kondamallepally Village and Mandal, Nalgonda District Budida Ramesh, S/o.Kashaiah, aged.43 years, Occ.Agriculture, Rl/o. Kondamaltepally Village and Mandal, Nalgonda District Budida I\/allesh, S/o.Kashaiah, aged.40 years, Occ.Agriculture, Rl/o Kondamallepally Village and Mandal, Nalgonda District Budida Srinivas, S/o.Kashaiah, aged.38 years, Occ'Agriculture, Rl/o Kondamallepally Village and Mandal, Nalgonda District Budida lddamma, Wo.Kashaiah, aged. 65 years, Occ.Housewife, Rl/o. Kondamallepally Village and Mandal, Nalgonda District

10.Budida Vijaya, W/o.Ramesh, aged.38 years, Occ.Agriculture, Rl/o Kondamailepally Village and Mandal, Nalgonda District ...RESPONDENTS 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 a writ of mandamus. to declare the action of the Respondent No. 3 in not conducting the survey and demarcation of land in spite of having submitted F- Line application dated 23-12-2024 along with receipt for Rs.295l for survey and demarcation of the land to an extent of Ac.0.3 gts in Sy.No.'155, situated at Kolumunthal pahad village of Kondamallepally Mandal, Nalgonda district and the Respondent No.3 advised the petitioner to get orders from the Hon'ble High Court with police aid as the unofficial respondents are threatening not to conduct survey is as illegal, arbitrary and against the principles of natural justice and violating the Article 2'1 and 300-4 of the Constitution of lndia and consequently direct the respondent Nos.3 and 4 to conduct the survey and demarcate of the subject land to an extent of Ac.0.03 gts. 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 Respondent 4 to give police aid to the 3rd respondent to conduct survey and demarcation of the land to an extent of Ac.0-3 gts in Sy.No.155, situated at Kolumunthal Pahad village of Kondamallepally tMandal, Nalgonda District pending disposal of the above main writ petition. Counsel for the Petitioner: SRI PULLA RAO YELLANKI Counsel for the Respondent No.1 to 3: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.4: cP FOR HOME Counsel forthe Respondent Nos. 5 TO 10: The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.8988 of 2o25 ORDER: This writ petition is filed declaring . the action of the respondents in not considering the F-Line application, dated

23.12.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.0.03 guntas in Sy.No. 155, situated at Kolumunthal Pahad Village, Kondamallepally Mandal, Nalgonda District, as illegal, arbitrary and violative of Articles 2l and 30O-A of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Ac.O.O3 guntas in Sy.No.155, situated at Kolumunthal Pahad Village, Kondamallepally Mandal, Nalgonda District along with other lands. It is further stated that the name of the petitioner was reflected in ali the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T2814O030493 uide Khata No.579 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is further stated that when the neighbouring land owners have started disturbing the boundaries ofthe subject land and as such, the petitioner had .\- 2 CVBR, J Wp_8988 2025 - submitted F-Line application, dated 23.12.2024 to respondent No.3, by paying requisite fee to conduct survey ofthe subject land and fix the boundaries. The grievance of the petitioner is that even after receiving thc said F-Line application, the respondent authorities are not conducting survey and fixation of the boundaries.

3. Considered the submissions of the learned collnsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and ra,ith their consent, this writ petition is being disposed of at the admission stage. I11 view of the nature of relief sought for in this writ petition, issuancc of notice to the unofficial respondents is dispensed with.

4. Learned counsel for the petitioner has submitted that in terms of the circular issued by tht: Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges.

5. Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure i CVBR, J Wp 8988 202s laid down under law and conduct survey and demarcate the subject land by fixing boundaries.

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 AcL, 1923, and the Rules framed thereunder. The Government has issued various circuiars specifying the conditions for conducting surveys, particularly F-Line (field 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 zrnd 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.O7.2OOr, Rc.No.Nl/ 1408/07, dated

13.07.2OO7, and Rc.No.N2/ 7741/2OlO, dated 18.O5.2O10 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specihed in the said circulars. I I 4 r- CVBR, J Wp t1988 2025 In vielr of the aforesaid discussion, this Court deems it

7. appropriate to dispose of this writ petition directing respondents No.3 to examine the petitioner's F-Line applir:ation uide No.TTDER02240l122272, dated 23.I2.2024 submitted for conducting survey and demarcation by fixing .boundary stones to the petitioner's land to an extent of Ac.O.O3 guntas in Sy.No. 155, situated at Kolumunthal Pahad Village. Kondamallepally Mandal, Nalgonda District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, alter issuing noticcs to all the persons interested ar-rd adjacent p:rttadars and after considcring their objections, respondent No.3 shall conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of rcceipt of a copy of this order.

8. With the above observations, this Writ Petition is disposed of. Therc shall be no order as to costs.

9. As a sequel, the miscellaneous pe titions pending, if any, shall stand closed. I To, //TRUE COPY// \ SD/-N. SRIHARI GISTRAR OFFICER ' rl:1"t#??%'ls:fi:t"t"v for Revenue Department, secretariat, Hvderabad, 2. The District Collector, Nalgonda, Nalgonda District ' IAun.:ii:iirT;03'o[??S,"marreparrv Mandar, Kondamarreparrv Virage and 4. The Station House Offic P'S'Kondamallepally, Kondamallepally Village and Mandal, Natgonda Oistri|l' 7 \

5. One CC to SRI PULLA RAO YELLANK|, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] '7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies BSRLS ?L IlI HIGH COURT DATED:2510312025 ORDER WP.No.8988 of 2025 , { -t. -':^ jt ( 2 5 APs ?[25 * O c llo= \\"- R- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (+ )t" a \ @

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