Rondla Raji Reddy v. disposing the

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.I 265 of2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliet ". . . to issue an appropiate uit, order or directton; partianlarly one in the nature of ulit of Mandamus: bg dectaing the indction of respondent Nos.4 and 5 not conducting tlw surueg uith sub-diuision in petitioner's agianltural land in SA.No.7/ 6a/ 1 to an extent of Ac.O.38 guntas situated at Repaka Village of Ellanthakunto Mandal, Rajanna Sircilla Distict, pursuant to the online .surueA application uide application N o. DERO22 5 0 1 1 3 7 9 66, dated 08.02.2025, as illegal, arbitrary and uiolation of fundamental righis under Article 14, 19, 21 and 3OOA of Constifution of India: and pass such other order or orders as this Court deems fit and proper in the ciranmstances of th'e

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 and possessor of agricultural lands in Sy.No.7/6a/ 1 to an extent of Ac.0.38 guntas situated at Repaka Village of Ellanthakunta Mandal, I .t 2 Rajanna Sircrlla 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.T190402O0353, Khata No.455 has been issued and ttrat the petitioner has been receiving the incentives granted by the Government lrom time to time for cultivating the subject property.

4. It is the further case of the petitioner is that when the adjacent owners frequently disputing with regard to the boundaries and also interfering with the peaceful possession and enjoyment of the petitioner over the subject propert5r, he was constrained to make an application seeking sub-division survey, demarcation and hxing of boundaries of the subject property. The grievance of the petitioner is that even after receiving an application, till date, no action has been taken by the respondents. Hence the present writ petition.

5. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Couri vide order dated 25.O8.2022 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 Recor<ls, Hyderabad, has i.ssued uarious circulars from time to time in connection with conducting of surueg, demarcations and sub-diuision of land and surueg numbers and also disposal of F-line petition s submitted. bg tlw parties concerned. I ,) 3 seeking surueg and subdiuision- The said. ciranlars taere issued keeping in uiew the Board Standing Orders-34A para 20(a) of the Board Standing Orders, uhich reads as und.er:' "Applications from priuate pafiies to point out the boundaies of thetr fields in accordance uith the survey records mag be receiued by the Taluk Tahsildar- On receipt of the applicatton taith the deposit (prescibed fee), the Tahsitdar slauld fonard it to the Suruegor-Firka Deputg Survegor utho should, duing his vi-stt to the uillage, comply with the request. The Suruegor-Firka Deputg Suruegor should afier pointing out the required boundary to the ryot, obtain his signature to that effect in the application and should himself (utite) thereon that thc boundary uas pointed out bg him in acardanrce with the measurements noted in the surueg records.' Paragraph No.6 (b) of the Rc.No.N2/ 1741/2O10, dated 18-O5.2O10 Circular read.s as under:- "F-line petttions/ demarcation petitions receiued tn respect of portions of suruey fields in agianltural lands should be conuerted by Tahsildars ad dpilications for subdiu{sion on paVment of balance fee pagable; if aig and subdiuision shouW be done iru accordante with BSO 34-A para 13 and in resPect of Telangana distrtcts in accordance uith CSS,R cirallar Rc. No. N 1 / 1 4O8/ 07 dt. 1 3. 07.20O7.' Thereafier, anotlrcr Circular in Rc.No.Nl/ 4296/ 2012 9. dated 22.O8.2O12 was bsued dulg issuing furtler instructions and guidelines for demarcation and surueg of the sub-diui-sion surueg numbers and instruction.lVos, -I to 6 o.f the said Circular read as un-der:- " 1. Euerg F-Line Demarcatton application must be stbmitted to the concemed Tah.sildar/ E-Seua/ Mee-Seua. 2. Euery F-Line Demarcation application must be registered snd such registered applications must be attended in seiatum onlg and ualid reasons for ang deuiation to th.e seriatum should be remrded- 3. (a) Euery F-Line demarcation application sh<tll be accompanied bg a Xerox copA of pattadar passbook or a copA oI the latest adangal/ Pahani. (b) Demarcation application without such supportiue or euidentiql docurnent may be rejected L I 4

4. If the applicant submits a self suom affdauit declaring his igltts/ reputed ounership a possession olong uith the dernarcation petition, the concemed. Tahsildar mag ta,ke an appropriqte decision afrer thorough ueifi.cation of records eith.er to fonuard the same to the Suruegor or reject. 5. (a) Mandal Suruegor/ Deputg Surueyar shall serue notices to (1) Applicant (2) Adjacent land holders utithin tte surueg number and adjoining surueg numbers Village Reuenue Olficer (3) @ A the adjacent land belongs to local bodg/ Gouemment, rnttces shall be serued on the concemed authaitg (b) Prior to issue of notices or afier issuing the notices, if ang uitten objections of the adjacent land hold.ers are receiued, demarcation cannot be denied unless it is a legallg udid objecqion and approued bg the Tahsildar. (c) In general, afier issuing the notices if ang adjacent land holder absent for demarcation" naturau demarcation utill be postponed. ,ln such ccses, nottces to be issued. to all the concemed consequentLg tLLo times and if ang of ttem is absent for demarcation euen after receipt of the notices, a final notice shall be issued intimating them lhat the demarcation will be d.one on the rlate mentioned in the rtndl notice 'euen in th.eir absence", as due opportunitA uas giuen. A. tJ tne demarcation application is for a part of undiutded. feld. suclL application mag be conuerted into patTa sub-diuision applicotion and necessary statutory procedure to be followed" for it bg taking application from applicant."

10. From a perusal of the aboue rekned Ciranlars, it i.s clear that as and uhen F-line petitions for demnrcation/ sub4iuision are receiued in respect of portiorts of surueg numbers in agicultural land, theg are reEtired. to be conuerted as I 5 applications for sub-diuision bg the Tahsildars on pagment of balance fee pagable, if ang and sub-diuision slwll be done in respect of the Telangana Drstncts in accordance with Circalor in Rc.No.N 1/ 1408/ 07, dated 13.O7.2O07, issued by the Commissioner of Surueg, Settlement and Land Records' At this stage, tt would be necessary to make note of some of the instntctions issued in the said Ciranlor dated 13.O7'20O7 uhich are ertracted hereunder: '5. Thereajler, the Mandal Suruegor uill proceed for sub' diutsion and prepare the sub-division record- The sub-ditision shall be done in accordance ruith the desciption of properly sale d.eed in cqse of sales, partition deed in case of partitton' mutuat agreement in case of succession etc. Houteuer, the stb-diuision iilt b" don" onty subject to the actual possession on ground taltging uith the documents mentioned aboue prouided that the llinsjere"s name finds place in the Reuenue accounts through proper mutation.

6. Ajter preparation of tle SDR, ttrc Mandal Surueyor shrtll submit it tolhe iahsildqr rttho tuitt ueifg whetler it confirnls to the d.ocuments and. whether records are signed by all tte corrcerned parties. Thereafter, Tahsildar sttould send the record to Asslstanl -Director, Surueg and Land Records Depqrtment tDith a proposal for sanction of Phodi.

7. lJpon receipt of this proposal, ttle Assistant Arector shall scrutinize the records and take furtler actton for preparation and issue of supplementary sethwar and for incnrporation of changes, tf ang.' 1 1. The Circular instructiotrs issued bg the Commissioner are uery cletv and absolutelg there is no dmbiguitg and the obligation that is cast upon the respondent-Tahsildar is uneEtiuocal and h,ence, any action on the part of the respondents to refuse to conduct surueg an-d demarcation or sub-diuision of the part suraeg numbers pursuant to the request made bg the persons concerned bg submitting F Line petitions is totallg impermissible and- illegal. It is onlg to auoid such ambiguous situation, the aboue refened circulars taere issued. categoricallg stating tlnt it is the obligation on the part of the respondent-Tahsildar to take up such application's o's \ I 6 \ and when the applications are receiued for surueg and d.emarcation of part suruey numbers and to compleb *te' surveg bg dutg collecting tle 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 also entitled for the said relief to maintain parity. In view of the above, this Court deems it appropriate to dispose 7. of the writ. petition, directing Respondent No.6 to examine the application dated O8.02.2025 submitted by the petitioner for conducting sub-division survey and demarcation by fixing boundaries of the subject agricultural land in Sy'No'7/6a/1 to an extent of Ac.O.38 guntas situated at Repaka Village of Ellanthakunta Mandal, Rajanna Sircilla District. In case, if respondent No'6 is of the view that sub-division numbers is required to be done and any further fee is required to be paid by -the 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'6' On such payment offeebythepetitioner,respondentNo.6shalltakefurtherstepsfor taking up the survey as requested by the petitioner and conclude the same in accordance with law. The entire exercise, as directed above, t l5 7 I I shall be completed 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 of. ' As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. //TRUE COPY// SD/.A. SRINIVASA REDDY ASSISTANT REGISTRA R SECTION OFFICER The Principal Secretary, Revenue Department, Secretariat, Hyderibad. The Chief Commissioner of Land Administration, Hyderabad. The District Collector, Rajanna Sircilla Dist. The Asst. Director, Surveny and Land Records, Rajanna Sircilla Dist. The Mandal Surveyor, Ellanthakunta Mandal Rajanna Sircilla Dist. The Tahsildar, Ellanthakunta, Rajanna Sircilla Dist. One CC to SRl. ANNNAMPELLT GANGADHAR Advocate tOpUCl Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. Two CD Copies To,

9. KKS BS A HIGH COURT DATED:2610312025 I ORDER WP.No.9265 of 2025 \ o ,) , trlE s;47.-t ! ?.- i; 2 5 AP{] 2025 * .9Esparr;t c! i {t ../ i I DISPOSING THE WRIT PETTTION WITHOUT COSTS @-'* W