✦ High Court of India · 26 Mar 2025

Joginipelli Jayaprada v. Secretariat, Hyderabad

Case Details High Court of India · 26 Mar 2025
Court
High Court of India
Decided
26 Mar 2025
Length
1,183 words

Counsel for the Petitioner: SRl. M/s BOOSA SHIVACHANDRA Counsel forthe Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER .( THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9278 of 2o25 ORDER: This writ petition is fi1ed declaring the action of the respondents in not considering the F Line application, dated O5.1O.2O24 sutrmitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.7.19 guntas in S1..No.62lA, Acs.2.16 guntas in Sy.No.65/B/ 1, Acs.1.18 guntas in S1,.No.66lB/1 and Ac.1.18 guntas in Sy.No.66lB/1 situated at Nandagiri Village, Pcgadapalli Mandal, Jagtial District, as illegal, arbitrary and violative of principles of natural justice and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the It is stated that the petitioner is the pattadar and possessor of the Iand to ari extent of Acs.7.19 guntas in Sy.No.62/A, Acs-2.16 guntas in Sy,No.65/B/ 1, Acs.1.18 guntas in Sy.No.66lB l7 and Ac.1.18 guntas in Sy.No.66/B/ 1 situated at Nandagiri Village, Pegadapalli Mandal, Jagtial District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T18150100696 uide Khata No.60229 under the provisions of the Telangana Rights in Land and pattadar passbooks 2 AcL,2O2O.lt is further staled that due to abnormal increase of the land price some of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had submitted F Line application, dated 05.1O.2024 to respondent Nos.2 to 5, by paying requisite fee to conduct survey of the subject land and fix the boundaries. The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and hxation of the boundaries.

3. Considered the submissions ol 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 disposed of at the admission stage.

4. Learned counsel for the petitioner has submitte d that in terms of the circular issued by the Commissioner, Sur-vey, 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 appfication submitted by the petitioner by following due procedure I l I I I I I I I l I 3 laid dou'n under 1aw and conduct suruey 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 rvith 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 specifying the conditions for conducting surveys, particularly F Line (field measurement) surveys. Individuals reqr.resting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulhlled, the survey and boundary hxation may be conducted. The Commissioner, Surwey, Settlements and Land Records, exercising powers under lhe Telangana Survey and Bor.rndaries Act, 1923, issucd releva nt circulars from time vide Rc.No.N1/6543 199, dated 25.07.2OO1, Rc.No.N1/ 1408/07, dated

13.O7.2OO7, and Rc.No.N2/1741/2O1O, dated 18.05.2010 stipulating lhe conditions for conducting survey ol 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 specified in the said circulars. 1* I t "1 .,X

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.6 and 7 to examine the petitioner's F-Line application uide No. D8R022501125305, dated 02.0I.2025 submitted for conducting survey ald demarcation by fixing boundary stones to the petitioner's land to an extent of Acs.7.19 guntas in Sy.No.62/A, Acs.2.16 guntas in Sy.No.65/ B/ 1, Acs.1.18 guntas in Sy.No.66lB/ 1 and Ac.1. 18 guntas in Sy.No.66lB/ I situated at Nandagiri Village, Pegadapalli Mandal, Jagtial District, and if the petitioner fulhls all the conditions mentioned in lhe circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all lhe persons interested and adjacent pattadars and after considering their objections, respondent Nos.2 to 5 shal1 conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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

9. As a sequei, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY TANT REGISTRAR SECTION OFFICER To, erabad, THE STATE OF pal Secretary, Revenue Dept., Secretariat, Hyd NGANA. '1 . Princi TELA 2. The District Collector, Jagtial District. Telangana State. 3. The Asst. Director Survey and Land Records, Jagtial District. 4. The Tahsildar, Pegadapdlli village and l\ilandal, Jagtial District. 5. The tvlandal Surve-yor, Pegadapatti vlllaggan! Mandal, Jagtial District. 6. One CC to SRl. BOosA SHIVACHANDRA Advocate [oPqc] ;. i*; ccs to Sru L.RAVINDER, GP FoR REVENUE ,High court for the state 8. Two CD CoPies of Telangana. IOU BGS. *- ..,.8 *-c-4.rAn :-..t!fl-*.*-rt*3&*att"*t*:*cer*'r*x'X ...r!r,,-"xr-'{x|1ax.':t1&?'1?&ryatli--.'1 - ll-"r -1a.{tti-xt t I I HIGH COURT DATED: 2610312025 ORDER WP.No.9278 of 2025 C' THE S l4 ) (2 * 1B JUL 2 I i .'/ ,'t, ;.^r 'i: DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ ld.4-

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