Sayyed Ameer Ali v. 1. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents authority in not conducting survey in respect of agriculture land in survey No. 242163 in an extent'of Ac. 2.00 Guntas and agriculture land in survey No. 219l7 in an extent of Ac. 3.00 total admeasuring Ac. 5.00 Guntas situated at Venkatapur and Lemur Village Shivar, Mandamani Mandal and District Mancherialand consequently direct the respondents to consider petitioner F-line application No. DER02240 1 08689 dated- 03.1 2.2024 lA NO: 1 OF 2025 Petition under Section 1 51 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 authorities to consider the petitioner F-line application No. DER02240108689 dated.- 03.12.2024 and representations dated 24.03.2025 pending disposal of the main writ petition. Counsel for the Petitioner: SRI SOURABH AGARWAL Counsel for the Respondent Nos.1 TO 4: SRI L.RAVINDER, AGP FOR Counsel for the Respondent No.S: GP FOR HOME .' REVENUE The Court made the {'ollowing: ORDER t€ Li-r-) HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9562 of 2o25 ORDER: . This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated

03.12.2024 submitted by the petitioner seeking for conducting survey and demarcation of the agriculture land to an extent of Ac.2-OO guntas in Sy.No.242l63 arrd Ac.3-00 guntas in Sy.No.219/7 in total admeasuring Ac.5-00 guntas situated .at Venkatapur and Lemur Village Shivar, Mandamarri Mandal, Mancherial District, as illegal, arbitrary and violative of the Articles 14, 15, 21 and 30O-A of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of' Ac.2-00 guntas in Sy.No.242l63 an{ Ac.3-0O guntas in Sy.No.219l7 in total admeasuring Ac.S-OO guntas situated at Venkatapur and Lemur Village Shivar, Mandamarri Mandal, Mancherial 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.T1514OO80O2 and Khata No.06 under the provisions of the Telangana Rights in Land and 1 I 2 \ Pattadar Passbooks Act, 2O2O. It is further stated that the petitioner has submitted F-Line application, dated O3.12.2O24 to the respondent authorities, 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 lhe boundaries.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondent Nos. 1 to 4 and with their consent this writ petition is 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 after collecting necessary charges.

5. Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondent Nos.l to 4 has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries. I l l J It is settled law that the Survey Department has the 6. 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 specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys' Individuals requesting such surveys are required to submit specific 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 Survey and Boundaries Act' 1923' time vide issued relevant circulars from time to Rc.No.N1/654 3/99, dated 25.07.2OO1, Rc'No'Nl/ 1408/07, dated 13.O7.2OO7, and Rc.No.N2/ l74ll2OlO, dated 18'O5'2O10 stipulating the conditions for conducting survey of private lands and as per the'said circulars, if the petitioner fulhlls 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. 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent I 4 - -'.t1 to examine the petitioner F-Line application, dated 03.12.2024 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner land to an extent of Ac.2-O0 guntas in Sy.No.242l63 and Ac.3-0O guntas in Sy.No.21917. in 'total admeasuring Ac.S-OO guntas situated at Venkatapur and Lemur Village Shivar, Mandamarri Mandal, Mancherial District, and if the petitioner fulfills all the conditions mentioned in the 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 respondents shall conduct survey of the aforesaid 1and, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/-T. TIRUMALA DEVI D PUTY REGISTRAR EOTION OFFICER The Pdncipal Secretary, Revenue Department Secreta riat, Hyderabad, State of Telangana. The District Collector, Mancherial, Collector office, Mancherial. The Deputy lnspector of Survey, Mancherial District. The Mandal Sunreyor Office of Tahsildar, Venkatapur Village, Mandamari Mandal, Mancherial District. The Commissioner of Police, Ramagundam One CC to SRI SOURABH AGARWAL, Advocate IOPUCI Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] T,wo CD Copies 8_c) To 1

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9. PSK. BS HIGH COUR'I' DATED:2810312025 ORDER WP.No.9662 of 2025 : . Y q ,5 c o. \,1 .\ 'j ,l :t i/ 2 5 APi ?':l( !S-qparr'tl(;1' -:--- DISPOSING OF THE WRIT PETITION WITHOUT COSTS CtFds-ffi"