High Court · 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 herein more particularly Respondent No.2 to conduct the sub-division survey. demarcation and fixing of boundaries of Petitioner agriculture lands in Sy.No. 284lA to an extent ot Ac. 1-27 Gts, Sy.No. 2B4lB to an extent of Ac. 0-33 Gts, Sy.No. 2841C to an extent of Ac. 0-34 Gts, Sy.No. 2B4lD to an extent of Ac. 1-27 Gts, totaling to an extent of Ac. 5-01 gts situated at Gudur Village, Mustabad Mandal, Rajanna Sircilla District pursuant to the online Survey application vide Application No. DERO222008224 06, dated 20-06-2022. Counsel for the Petitioner: SRI B.ARJUN RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER ----- ,/ I I'uist r Cw't'l t 2 ' 9uv'' HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9257 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ".. . to issue on appropriote uit, order or direction; more partia.LlarlA one in tte nature of utit of Mandamus: a) bg declaing the action of the respondents in not conducting he sub-diubion surueA, demarcation and fixing of boundaries of the petitioner's agricultural lands ii Sg.No.284/A to an ertent of Ac.1.27 guntas, SA.No.284/ B to an ertent of Ac.O.33 guntas, Sa.No.2B4/C to an extent of Ac.O.34 Wntaq Sy.No.284/ D to an extent of Ac.1.27 guntas, total extent of Ac.5.01 guntas, situated at Gudur Village, Mustabad Mandal, Rajanna Siicilla District, pursuant to the online surueA application uide application No.DERO222OO8224O6, dated 20.06.2022 cs illegal, arbitrary and uiolation of fundamentat rights under Article 14, 19, 21 and 30OA of Constitution of India: and b) consequentlg direct the respondents to conduct the sub- diuision surueg, demarcation and fixing of boundaies in respect of tle subject propertA pursuant to the online sutveA application or pass such other order or orders as this Court deems fit and proper in the circumstances of the case. .. " ,l 2 2- Heard the learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing on behalf of the respondents.

3. The case of the petitioner is that he is the absolute owner a-nd pdssessor of agricultural lands in Sy.No.2g4/A to zrn extent of Ac.l.27 guntas, Sy.No.284/B to an extent of Ac.O.33 guntas, Sy.No.284lC to an extent of Ac.0.34 guntas, Sy.No.2g4/D to an extent of Ac.l .27 guntas, total extent of Ac.S.01 guntas, situated at Gudur Village, Mustabad Mandal, Rajanna Siricilla District, and the subject property was inherited by him from his ancestors. It is stated that the name of the petitioner was mutated in the revenue record and pattadar passbook bearing No.T19o6o06o 141, Khata No.g99 has been issued and that the petitioner has been receiving the incentives granted by the Government from time to time for cultivating the subject property.

4. It is the further case of the petitioner is that when the neighbouring oriners frequently disputing regarding the boundaries and also interfering with the peaceful possession and enjoyment of the petilioner over t].e subject, he was constrained to make an application seeking sub-division survey, demarcation and frxing of boundaries of the subject property. The grievance of the petitioner is that even after reciivins an application submitted in the year 2022, -u at" / ( till date, no action has been taken by the respondents. Hence the present wrlt pehtron. 3

5. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Court vide order dated 23.Oa.2O22 in W.P.No.32785 of 2022 and the relevant portion of the said order is . extracted hereunder: "8. The Commissioner, Surueg, Settlements and Land Reards, Hgderabad, LLas issued uaious circalars from time to time in connection uith conducting of surueg, demarcations and sub-diuision of land and suruey numbers and- olso disposal of F-line petitions submitted bg the parties concerned seeking surueg and sub-diuision- The said circulars taere tssued keeping in uieu; the Board Standing Orders-34A paro 2O(a) of the Board Stonding Orders, tuhich reads as under:' "Applicdtions from priuate patties to point out the boundaies of their felds in accord.ance uith the surveg reards mag be receiued by the Taluk Tahsildar. On receipt of the application utth the deposit (prescibed fee), the Talsildar should fonttard it to the Surueyor-Firka DeputV Suruegor utho should, duing his uisit to th.e vtllage, complg uith the reqlest. The Suruegor-Firka Deputg Surueyor slauld afier pointirlg out the required boundary to the ryot, obtain his signature to that elfect in the apptication and should himself {utrite) tlereon that the boundary Luas pointed out bg him in iccordance Luith the meLtsurements noted in the suruey records.' Paragraph No.6 (b) of the Rc.No.N2/1741/2010, dated

18.O5.2O1O Ciranlar read-s as under:- "F-line petitiors/ demarcation petitions receiued in respect of portions of surueg fields in agicaltural lands should be conuerted bg Tahsildars ad applications for subdiuision on pagnent of balance fee pagable, if ang and subdiuision should be done in accordance uith BSA 34-A para 13 and in respect of Telangana districts in accordance with CSSIR circular Rc.No.N 1 / 1 408/ 07 dt. I 3.07. 2007.' I .J 4

9. Ttu:reafter, another Cirqtlar in Rc.No.N 1/ 4296/ 20 j2 dated 22.OB.2012 uas issued dulg issuing further instructions and- guidelines for d.emarcation and. surueg of the sub-rliuision surueg numbers and in struction.iVos. I to 6 of the said ()iranlar read os ttnder'- "1. Euery F-Line Demarcation apptication must be submitted. to tfu: concemed Tahsildar/ ESeua,/ Me-e-Seua. 2. Every F-Line Demarcation application must be registered. and such registered applications must be attended" in seiatum only and ualid reasons for ang deuiation to the seriatum should be recorded. 3. (a) Euery F-Line demarcqtion application shalt be an:cornpanied bg a Xerox copg of pattadar passbook or .a copg of the latest adangal/ pahant. (b) Demarcation application wi*tout such supportiue or evidential document mag be rejected.- 4. A the applicant submits a self swom affrdauit declaring his righ.ts/ reputed otanership a possession atong tltth the d.ernarcation petition, the concemed. Tah.sildar may toke an appropiate decision afier thorough uerification of records eitlter to fonaard tle same to the Surveyor or reject. 5. (a) Mand.al Suruegor/ Deputg Suruegor slall serue notices to (1) Applicant (2) Adjacent land lalders uithin_tle surueg number and adjoining surueg num.bers (3t - Villoge Reuenue Olfi.cer (4) If the ad.jacent land. belongs to local body/ Couetnment, rntices shall be sented on th.e concemed authoity @) Pnor to issue of notices or afier issuing the notices, if ang uitten objections of the adjacent land. holders are receiued" demar<.ation id.itnot be d.enied unless it is a legallg ualid objection and. approued bg the Tahsildar. (c) In general, after issuing the notices if ang ad.jacent land holder qbsent for demarcatiory naturally demarcation Lrrill be postporrcd. 5 /n such cases, notices to be tssued to all the concemed consequentlg tloo times and if any of them is absent for demarcation euen afier receipt of the notices, a final notice shall be issaed intimating tlem that tfie demarcation uill be done on the date mentioned in the final notice oeuen in.their absence", as due opportunitA was giuen.

6. If the demarcation application is for a part of undiuided field such application mag be conuerted into patta sub-diviston application and necessary statutory procedure to be folloued for it bg taking application from applicant.'

10. From a perusal of the aboue referred Circulars, it is clear that os and when F-line petitions for demarcation/ sub-diuision are receiued in respect of portions of surueA numbers in agriaitural land, theg ore required to be conuerted r.ls applications for sub-diuision bg the Tahsildars on payment of balonce fee paAable, if ang and sub-diuision shall be done in respect of the Telangana Distncts in occord.ance with Ciranlar in Rc.No.Nl/ 1408/07, dated 13.O7.2007, issued by the Commi,ssioner of Surueg, Settlement and Land Records. At this stage, it lDould be necessdry to make note of some of the instructions issued in the said Circular dated 13.07'20O7 which are ertracted hereunder: '5. Thereafier, tlLe Mandal Suruegor uill proceed for sub- diuision and prepare the sttb-diuision record. The sub-diuision shall be done in accordance wtth tlle desciption of propertV so.le deed in case of sales, partition deed in case of partition, mutual agreement in iase of succession etc' Holueuer, tte sub-diuision ill b" don onlg subject to the actual possession on ground tallging with tle d.ocuments mentioned aboue prouided thot the Trins|erees name fi.nds place in the Reuenue accounts through proper mutation- 6- Afier preparation of the SDR, t e Mandal Suruegor shall submit it to ihe Tahsitdar uho tutll ueifg u',hether it confinns to the documents and. uhether reards are signed bg all the concerned parties. Thereaf.er, Tahsildar should send tLLe record to Assi'stant ^Director, Surueg and Land Records Department uith a proposal for sanction of Phodi. /i / /I I ,) I I l I I 6

7. Upon receipt of this proposa| the Assistant Director stlall scnttini"-e the records and take further action for preparation qnd issue of supplementary setht ar and for incorporation of changes, rf arry." C 1 1 . The Circular in-structions issuecl. bg the Commissioner are uery clear and absolutelg there i_s no -ambiguitA and_ the obligdtion that is cast upon the respondent-Talsitd.ar is uneqtiuocal and hence, ang action on the part of the respondents to refuse to con-duct suruey anl demarcetion or sub-diuision of tle part surueg numbers pursud.nt to the request made bg tLte person_s concerned by submitting F-Line petitions is totallq impermissible and iltegal. It is ontg to auoid. such arnbiguous situation, the aboue refefied. circulars tuere issued categoricallA stating thnt it i-s th.e obligation on rLLe part of the respondent-Tahsildar to take up such applications qs and u-then the applications are receiued. for suruey and. demarcation of part suruey numbers and to amplete the surueg bg duly collecting the required fees.',

6. This Court on consideration of the said Circulars, disposed of the said writ petition with certain directions. In the light of the said decision, this Court is of the considered view that the petitioner herein is also standing on the same footing and he is a-lso entitled for the said relief to maintain parit5z.

7. In view of the above, this Court deems it appropriate to dispose of ttre writ petition, directing Respondent No.4 to examine the application dated 2O.O6.2O22 submitted by the petitioner for conducting sub-division survey and demarcation by hxing boundaries of the subject agricultural lands in Sy.No.2g4/A to an 7 extent of Ac.7.27 guntas, Sy.No.284/B to an extent of Ac.0.33 guntas, Sy.No.284/C to an extent of Ac.0.34 guntas, Sy.No.2B4/D to an extent of Ac.l.27 guntas, total extent of Ac.5.01 guntas, situated at Gudur Village, Mustabad Mandal, Rajanna Siricilla District. In case, if respondent No.4 is of the view that sub-division numbers is to be done and any further fee is required to be paid by the .required petitioner in terms of the Circulars referred above, the same shall be intimated to the petitioner and on receipt of such intimation, the petitioner shall pay such fee as may be required by respondent No.4. On such payment of fee by the petitioner, respondent No.4 shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law. The entire exercise, as directed above, shall be completed within a period ol eight (8) weeks from the date of receipt of a copy of this order.

8. With the above observations, this Writ Petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. \ \ To, //TRUE COPY// SD/-T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER I

1. The Principal Secretary, Revenue Department, Dr. B.R, Ambedkar Telangana Secretariat, Hyderabad, State of Telangana.

2. The Assistant Director, Survey and land Records, Sircilla, Rajanna Sircilla District.

3. The Deputy lnspector of Survey and land Records, 0/o Revenue Divisional Office, Sircilla Division, Rajanna Sircilla District.

4. The Tahsildar, Mustabad Mandal, Rajanna Sircilla District. 5. The Mandal Surveyor, 0/o Tahsildar, Mustabad Mandal, Rajanna Sircilla District I l,l

6. One.CC to SRI LARJUN RAO, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] \ . B. Two CD Copies BSR BS w \ I HIGH COURT DATED:2610.312025 t I ORDER WP.No.9257 of 2025 I (.) 1 r{E s r..r, / ::\ .J,,}. 2 5 APR iil;ri ., .l t ': t' t'1 1,. ' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ h,, 1 z( *- i