High Court · 2025

Petition under A(iple 226 qf the con$titution of lndia praying that in the circumstances statPd irl the affidgvit filed therewith' the High Court may be pleased to isgue al app(qpriate wtit, order or direction more partiQularly one in nature gf writ of mandamus to leclqre the aqlion of the Respondent No.5 herein in rejecting the Petitioner's qpplication tO conduct the survey, demarcate and fix the bounda(ies in respect qf the Petitioners land admeasuring Ac.0.37 gts., in Sy.No.247lA, and Ac'3.00 gts. ln Sy.No.248lE, totally land admeasuring Ac'3.37 gts. situated at Qoyapally Village, Mahaboobnagar Urbal, Mahaboobnagar District, on llle glound Bf non-availability of tippons in the recQrd room, vide 1 Endorsement dated 21 .12.2024, as arbitrary, illegal, contrary to the order dated 01.12.2021 passed by this Hon'ble Court in W.P. No.20694121021 and order dated 11.32025 passed by this Hon'ble Court in lt!,P.No.7521l20i25, and consequently set asidg the Endorsement dated 21.12 2024 issued by the Repponflgnt N0.5, wilh a direcfion to conduct the. survey, demarcate and fix the bor.tndaries in regpect of the Petitioners land admepsuring Ac.0.37 9!Q,, in Sy.No.247lA, and Ac.3.Q0 gts. ln Sy.No.248lE, totally land admeasuring Ac.3.37 gts,, silqated at BoyAPally Village, Mahaboobnagar Ur.ban, tvtEha!pob1agar Dislript. IA NO: oF 2025 Petition under Section '!51 APQ prayilg thal in thq cirgumsfanges stated in the affidavit f!!ed in rupport of the pgtilion, the Hign Court maI be pleqsed to dirBct lhe Reqponqent Nos. 5 and 6 to conduct the Furvey, derrlarcqlq and fix the boundaries in respect qf the Petitioner$ land admqasuring A9.Q.37 gts ln Sy No 247lA, 4nd Ac 3.00 gts in $y.No.249/E, totatty land admeasuring Ac.3.37 gts., -si!uated at Boyapqlly Village, It/ahaboobnagar Urban, Mqhabgpbnagar District, by puspending the Endqrsemeot dated 21 .12 2).024 issped by thq Respon/ent [',1o.5. Counsel for the Petitiongg: SRI G{QDAM $RINIVAS Counsel forlhe Reqpondgnts: GP FgR RE)1ENUE The Cqurt made the folloyving: OBQER I ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY trIRIT PETITION No.9412 of 2o25 This writ petition is filed seeking following relief: "For the reasons stated in the accompanying atfidavit, it is therefore prayed that this [lon'ble Court may be pleasecl to issue an appropriate writ, order or direction more particularly one in nature o[ rvrit of mandamus to dec]are the action of the Respondent No.5 herein, in rejecting the Petitioner's application to conduct the survey, demarcate and fix the boundaries in respect of the Petitioner's land admeasuring Ac.0.37 gts., in Sy.No 247 lA, and Ac.3.00 gts. in Sy.No.248/E, totally land admeasuring Ac.3.37 8ts., situated at Bovapatly Village, Mahaboobnagar Urban, Mahaboobnagar Drstlict, on the ground o[ non- availability of tippons in the record room, vicle Endorsement dated 21.12.2024, as arbitrary, illegal, contrary to the order dated 01.12 2021 passed by this llon'ble Court in W.P.No.20694 l2O2l ancl order dated 11.3.2025 passed bv this Hon'ble Court in W.P.No.7521 12O25, and consequently set as e the Endorsement dated 21.12.2024 issued by the Respondent No.5, rvith a directron to conduct the survey, demarcate and lix the bollndaries in respect of the Petitioner's land admeasuring Ac.0.37 gts., in Sy.No 247lA, and Ac.3 O0 gts. in Sy.No.248/8, totally land admeasuring Ac.3.37 gts., situated at Rol"apatly Village, Mahaboobnagar Urban, Mahaboobnagar District and pass such other order or orders as this Hon'ble Court ma)' deem ht and proper in the circumstances of the case.'

2. It is stated that the petitioner's mother has purchased the land admeasuring to an extent of Acs. 0.37 guntas in Survey No.347/A and Acs. 3.00 guntas in Survey No.248/E, totally admeasuring to an extent of Acs. 3.37 guntas, situated at Boyapally Village, Mahabubnagar Urban, Mahabubnagar District (for short, 'the subject landJ through registered Sale Deed uide Document No.l797 of 1980 dated 18.06. 1980. It is further stated that his mother has gifted the subject land to him through registered Gift Deed uide Document No. 1162 of 2006 dated. 24 .O 1 .20O6 and the said Gift Deed acted upon and.heqbecame the absolute owner and possessor of the 2 CVBR, J W.P.No.9412 of 2025. i*'t subject land. It is further submitted that when some of the neighbouring land owncrs startcd disturbing the boundaries of the subject land, petitioner has submilted F-Line application uide No.DER02230098651 dated

26.O9.2023 to thc 56 respondent to conduct survey, rLemarcate and fix the boundaries for the subject land and the said applicatiorr was rejected by the 5th respondent uide endorsement dated 21.12.2024 staling that ulde report dated 21.12.2024. the Mandal Surveyor, Mahabubnagar Urban Mandal has attended the survey on the said fixed date and due to non-availability of tippons irt record roonl, on request of the applicant as per Village Map, he conducted surve-v o[ Sur-vey Nos.247 and 248 along .with records, but the extent as per record is not matching on ground due to non-availability of said survey numbers tippons and the survey boundaries could not be fixed. Hencc, lhe prcsent rvrit petition.

3. Considered the submissions of the learned counsel for the petitioncr, learned Assistant Government Pleader for Revenue appearing for the respondents and u,ith their consent, this writ petition is disposed of at the admission stage.

4. Learncd counsel for the petitioner has subnritted that the issue raised in this writ. petition is squarely covered by the order passed by this Court in W.P.No.20694 of 2O2l dated O1.12.202 1 and rierefore, the present writ petition mav be disposed of in terms of the said orde:. 3 .CVBR, J W.P.No.9412 of 2O25

5. It is settled principle that whenever the tippons are not available for a particular survey number, the survey officials should rely on the village map, tonch map and also the tippons of the survey number abutting the survey number for which the demarcation is sought for. The boundaries of the survey number can be fixed with the help of the tippons of the adjacent survey number. The Tahsildar cannot simply reject the application solely on the ground that the tippons are not available for the subject survey number. He ought to have taken necessary steps to procure necessary records either from the offrce of the Collector or from the office of the Assistant Director, Survey, Settlements and Land Records of the concerned District and demarcate the subject land with the help of tippons of the adjacent survey numbers/village map/tonch map.

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 specifring the conditions for conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specihc documents, and if the conditions stipulated in the circulars are fulfilled, the survey and boundary hxation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana .e* &.o 4 CVBR, J W.P.No.9412 of 2O25 Survey and Boundaries Act, 1923, issued relevant cir,:ulars from time to time vide Rc.No.N1/6543/99, dated 25.O7.2OO1, Rc.No.}{l/ l4O8l07, dated

13.07.2OO7, and Rc,No.N2 lI74ll2OlO, dated 18.05.2C1O stipulating the conditions for conducting survey of private iands z.rtd as per the said circulars, if the petitioner fulfils a1i the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars. 7 . In vier,,, of the aforesaid discussion, since t.Lre F -line application uide No.DER0223OO9a657 dated 26.09.2023 has alrea(ly been rejected by the 5ft respondent uide Endorsement dated 21.12.20|24, ends of justice would be met if the petitioner is permitted to submit an application for appeals on demarcation before the 4ft respondenl- Revenue Divisional Officer, Mahabubnagar Division, Mahabubnagar Disl.rict to conduct the survey and demarcation of the subject land and fix thr: boundaries and in the event of such an application for appeals on demarca.tion being submitted by the petitioner, the 41h respondent is directed to examine the petitioner,s application for appeals on demarcation for condu,cting survey and demarcation by hxing boundary stones to the petitioner's land admeasuring to an extent of Acs. 0.37 guntas in Survey No.347 lA and Acs. 3.00 guntas in Survey No.24a 1tr , totally admeasuring to an extent of Acs. 3.37 guntas, situated at Boyapally Village, Mahaboobnagar Urbar, Mahaboobnagar District and if the petitioner fulfils all the conditions mentioned in the 5 CVBR, J W.P.No.9412 of 2O25 circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, the 4e respondent shall conduct survey of the aforesaid land within a period of eight (08) weeks from the date of rei:eipt of a copy of this order. It is needless to observe that in the event if the sub-divisional records have to be prepared for the survey numbers of the subject land, the 4ff respondent is directed to prepare the sub-ciivisional survey numbers for the survey numbers of the subject land, subject, to petitioner paying all the incidental expenditure for preparation oI the sub-divisional records.

8. With the above observations, this Writ Petition is disposed of There shall be no order as to costs. Miscellaneous applications pending, if any , shall stand closed. //TRUE COPY// SD/.A.V.S. PRASAD ,TJ"T::KT,::: \ oislrici. Telanqana Hvderabad Mahaboobnagar District

1. The Principal Secretary, Revenue Department' Secretariat' The State of z f[e Ojstriit iollector, Mahaboobnagar District' . 5 iil; ft.'i;i;n-t on"tt,jt, Survev, Settiement and Land Reqerds' a. tiiii'He-rliiri,"6iGionar'onicer, Mahabspbn?gar Dlvision, Mafraboobnasar s iiid' i"isiloar, Mahaboobnagar Urban Mandql, Mahaboobnagar District 6 iiiE rh].iJr su;;ff 5;*;"6r ano Lano reidrds, Mahaboobnasar urban " ili;;i.j: M;hibootinasar Disirict. ? 6;; ct io-siioioo"n', srinivaq, AdYqcate [oPucr 8 rwo ccs to GP tot n"rd",ir"lfr]il Ei-,-li'6ith;!idt" of r't'nga"' at 9. Two QD CoPies Hyderabad [OUT] To, TJ BS HIGH COURT DATED:2710312025 ORDER WP.No.9412 of 2025 fl--;i-',; 11 lp; 7\ 20 t o (J

7. ofq"r.r.-, \i-,..-,-- DISPOSING OF THE WRIT PETITION WITHOUT COSTS l>- Lf )n ))