✦ High Court of India · 26 Mar 2025

High Court · 2025

Case Details High Court of India · 26 Mar 2025
Court
High Court of India
Decided
26 Mar 2025
Bench
Not available
Length
1,108 words

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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the F-Line Application through vide No.DER022200868522, dated. 30.11.2o22 and non-conducting the survey and demarcation on the land of the Petitioner to an extent of land 351 Sq. Yards in Survey No.761i1 , Ward No.2 which is situated at R.K.Garden, Suryapet Town, Suryapet District and non- initiating to fix the boundaries to the agriculture land of the petitioner is illegal, arbitrary, unconstitutiona I and violation of Articles 14, 1s,21 of constitution of lndia and also violation of Principles of Natural Justice and consequenfly direct the Respondent Nos.4 and 5 to consider the F-Line application through vide No.DER022200868522, dated. 30.11.2022 ot the petitioner and conduct the survey and demarcation and fix the boundaries to the agriculture land of the iitioner toane:(tor,lcf351Sq-YardsinSurveyNoT6lll,\Narcl'lo2whichis situated at R.K.GaLrcle rt Suryapet Town, Suryapet District IANO:1 OF 2025 Petition un(ler si,lltion '151 cPC praying that in the circurrstarces stated in the affidavit filed i'r ;ucport of the petition, the High Court may be pler'rsed to direct the Respondeflt N,rs,. and 5 to consider the F-Line applicalion through vide No. DER0222008fi8'i,22, dated. 30.1 1.2022 of the Petitioner and conduct the survey and demarr;erli,: r and fix the .boundaries to the aqricu lture: land of the Petitioner to an ext,lnt of 351 Sq. Yards in survey No.761/n, ward ''lo 2 which is situated at R.K.Garl,:r, suryapet Town, Suryapet District pending disposal of the Writ Petition. Counsel for the f'etitioner: SRI RAPOLU BHASKAR Counsel for the Resprondents: GP FOR REVENUE The Court made the l'ollowing: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIONNo .9L25 of 2O2S ORDER: This writ petition is irled praying this Court to declare the action of respondent Nos.4 and 5 in not considering the F_Line application, dated 3O. 1 I.2O22 submitted by the petitioner to conduct the survey and demarcation of the petitioner,s land admeasuring 351 square yards situated in Sy.No.761/ 1, Ward No.2, R.K.Garden, Suryapet Town and District, as illegal, arbitrary, unconstitutional and violative of Articles 14, lS, 21 and.300-4 of the Constitution of India and also viola[ive of principles of natural justice and consequently prayed this Court to direct the respondent Nos.4 and 5 to consider the representation, dated 3O.1I.2O22 and for other appropriate reliefs.

2. The petitioner claims to be the owner, possessor and enjoyer of the land admeasuring 35l square yards in Sy.Nos.76l/ 1, Ward No.2, R.K.Garden, Suryapet Town and District, having purchased the same under registered sale deed bearing document No.2175 of 20O6, dated 08.06.2006. 3. A careful examination of the sale deed bearing document No.2175 of 2006 reveals that the petitioner has purchased the subject property. It is not the case of the petitioner that the ,l 2 CVBR. J Wp 9 t25 2025 Ci,)vcnment has propel... r)rlrchased by him is agricultural lancl encl that he paid stamp (rr I -./ or registration fees on acre basis. The schedule of properh, ir the sale deed establishes that thr: n;rtnre of the proper l, i5; iln open Iand, admeasuring 35 1 square yards. It is scttled I r,r, that the Survey Department hzrs the luthority to conduc! sr.l -/ey and demarcate lands in a(:col-(lan(.e r,r.,ith the provisicr1r.; r)t the Telangana Land Revenue Act, 13 i 7 F. rsli (Act No. VIII oI 1lt , 7 Fasli), the Telangana Survey ar d Eiort r,darics Act, j923, anrl t he Rules framed thereunder. Thr: issued r, ar.i6r r.; circulars specifuing the conditions sur\reys, f,r1'-icularly F-Line (field measurem3ltt) surveys Individuzrls r1t luesting such surveys are required to s;ubrrrit specific documen [s a r d if the conditions stipulated in the cir:ulars are furf led. rh,' :;i.rrve1, and boundary rxation may be conch icted Commissiorrc;-. Survey, Settlements, and Land RecorCs, powers urrc er the Telangana survey and Bouncra.r,s rssued _e c\:r;tt circulars from dme :o Rc.No.N 1 / 5..;2 .3 / gg, dated 25.o7.2Oo 1, Rc.No.N 1,, 1 4()8,/(r7, dared t3.O7.2OO.,.. z nd Rc.No.N2l174 t/2010, dat,:d 18 05.20tO stipulating tlrr, : tnditions for conducting survey ()1. pr.ival e iands. The said C.r< u;: r.s outline that only agricultural lands are eligible for sur-ve-r, b ,. 1 b e Survey Department. In contrilst, ind lviduals for::onclucting Act, 1923, ,:xercrsing titr e The ,.I d l I l I l l l ? 3 CVBR, J wp 9125 2025 owning plots within approved layouts, municipalities, Gram Panchayats, or Municipal Corporations are required to engage Licensed Surveyors appointed by the Government for such surveys, as these lands are no longer considered agricultural. In the instanl case, the petitioner's iand is clearly identified as open plots but not agricultural land. Since the petitioner,s property is not an agricultural land, the Survey Department has no jurisdiction to conduct F-Line Survey as per the Circulars issued by the Commissioner, Survey, Settlements, and Land Records. For the aforesaid reasons, this Writ Petition is devoid of merits and is liable to be dismissed.

4. Accordingly, this Writ Petition is dismissed. Howevcr, the petitioner is at liberty to [ake the services of licensed surveyor for conducting the survey of his property i.e, open land admeasuring 35 1 of square yards, if he is so advised. As a sequel, the miscellaneous petitions pe nding, if any, shall stand closed. There shall be no order as to costs. //rRUE coPY// SD/- T. TIRUMALA DEVI DEPUTY RE?ISTRAR lhd, sEcTrqN oFFlcER One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 1 2 PSK. GMN fr€., HIGH COURT DATED:261A312025 ORDER WP.No.9125 of 2025 I t :'=:": 2 7 ,rull 2P5 p t t, (-, ii:---: t) ; DISMISSING I-HE WRIT PETIT!ON WITHOUT COSTS Ftq, ,-rls\' I

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