Sri Vachanagi v. The State of Telangana

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 Writ of Mandamus, declaring the action of the Respondent No.2 to S in not conducting the sr-rrvey and fixing the boundaries to the petitioner land Sy.No.203 to an extent of 1 .13 guntas, situated at Rangashaipet Revenue Village, Khila Warangal Mandal, Warangal District, even after issuing a notice to the petitioner vide File No.Hl167l2O25 dated 03.02.2025 by the 4th respondent, is illegal, arbitrary and violation of provisions enacted in the Telangana Survey and Boundaries Act, 1923. , 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 respondents to dispose the representations dated 12.O2.2025 made by the petitioner pending disposal of the above writ petition. lA NO:2 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 respondents to conduct the survey and fix the boundaries to the petitioner land in Sy No.203 to an extent of Ac.1 .1 3 guntas, situated at Rangashaipet Revenue Village, Khila Warangal Mandal, Warangat District, as per the notice vide File No.H|16712025 dated 03.02.2025 issued by the 4th respondent pending disposal of the above writ petition. Counsel for'the Pbtitic,ner : SRI CH.VENKAT RAMAN Counsel for the Respondents No.1to6: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER / i I u+ t HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9 264 of2O25 ORDER: . This writ petition is filed declaring the action of the respondents in not considering the application, dated 1O.O2.2C25 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs. 1 . 13 guntas in Sy.No.203, situated at Rangashaipet Revenue Village, Khila Warangal Mandal, Warangal District, as illegal, arbitrary and violative of the provisions of the Survey and Boundaries Act, 1923 and consequently, prayed for other appropriate reliefs.

2. It is stated that the father of the petitioner is the pattadar and possessor of the agricultural lands to an extent of Ac.O.30 guntas in Sy.No.203/A1, to an extent of Ac.O.23 guntas in Sy.No.203/8, to an extent of Acs.2.32 guntas and to an extent of Acs.2.O2 guntas -in Sy.No.2l0, situated at Rangashaipet Revenue Village, Khila Warangal Mandal, Warangal District. It is further stated that after the demise of his father, the subject property was devolved to him by way of inheritance from his father and the name of the petitioner father was reflected in all the revenue records as pattadar and the revenue authorities also issued pattadar pass book bearing No.T2109O040681 uide Khata 2 No.6O45O under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, L9Zl. It is further stated that when the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner .had submitted an application seeking to conduct survey and respondent No.4 has issued a notice vide File No.H/ 16Z /2025 stating that they will conduct a survey on 06.02.2025 but failed to do so. Again, he made an application dated lO.O2.2O2S to respondent No.3, by paying requisite fee to conduct survey of the subject land and fix the boundaries. The grievance of the petitioner is that even after issuing the said notice, the respondent authorities did not conduct the survey and demarcate the subject land.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

4. Learned counsel for the petitioner has submitted that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application alter collecting necessary charges. I I I I -/ 1/ I I I I I

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed the application submitted by the petitioner and also the issuance of survey notice, dated 04.O2.2O25.

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, 1923, and the Rules framed thereunder. The Government'has issued various circulars speciffing the conditions for conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specilic documents, and if the conditions stipulated in the circulars are fullilled, 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.N 1 /6543/99, dated 25.07 .2OO l, Rc.No.N 1 / 1408 I 07, dated. 13.07.2OO7,' ard Rc.No.N2l174112O1O, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils a-ll the conditions of the said circular, it is an obligation for the , I respondents to conduct survey vyithin the time speciliecl in the said circulars

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directir-rg respondent No.6 to conduct survey and demarcation by fixing boundary stones to the land to an extent of Acs. 1.13 guntas in Sy.No.203, situated at Rangashaipet Revenue Village, Khila Warangal Mandal, Warangal District, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections. The entire exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. iJ With t}-re above observations, this Writ petition is disposed of. There shall tre no order as to costs

9. As a sequel, shall stand closed. the miscellaneous petitions pending, if any, //TRUE COPYII SD/. T. TIRUMALA DEVI DEPUIY REGISTRAR / E:tlTlON OFFICER The Principal Secretary, Revenue Department, Secretariat B.R.K Bhavan, State of Telangana, Hyderabad. U The District Collector, Warangal District, at Warangal District The Assistant Director of Survey Land, Warangal District The Mandal Surveyor, Khila Warangal Mandal, Warangal District The Deputy.lnspector of Surveyor cum Revenue Divisional Officer, Khila Warangal Mandal, Warangal District. The Tahsildar, Khila Warangal Mandal, Warangal District. One CC to SRI CH.VENKAT RAMAN, Advocate. tOpUCI Two CCs to GP FOR REVENUE, High Court for the State of Tetangana. tOUI Two CD Copies. \ To,

8. 1 HIGH COURT DATED:2610312025 )i F I ORDER WP.No.9264 of 2025 k c I '. -: t_ .:\6_':-/' DISPOSING OF THE WRIT PETITION WITHOUT COSTS crof..' W