Smt. Lakshmi De! v. 1. The State of Telangana
Case Details
Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents No.3 to 5 in not acting on the Petitioner' s F-Line Petitions/Sub Division Application No. DER022401047149, dated. 0511012024 and not conducting Survey and not demarcating the Petitioner s land admeasuring Acre .l .33 gts in survey no.46218, situated in Vallur Village, Erravalli Mandal (erstwhile ltikyala Mandal), Jogulamba Gadwal District as illegal, unjust, arbitrary and violative of Article 21 and 300 A of the constitution of India and consequenfly direct the Respondent No.3 to 5 to forthwith conduct survey and demarcate the petitioner's land. IA NO 10F2025 petition under section 151 Cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents No.3 to 5 to conduct survey and demarcate the petitioner s rand admeasuring Acre 1.33 gts in survey no.46218 situated in Varur Virage, Erravari Mandar (erstwhire rtikyara Mandar), Joguramba Gadwar District pending disposar of the writ petition pending disposar of the above writ petition. Counsel for the petitioner: SRI AJGAL RAVI BABU Codnsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER \ J- \,l' I THE HON'BLE SRI JUS?ICE C.V.BHASKAR REDDY WRIT PETITION No.961 8 of 2o25 ORDER: This writ petition is liled declaring the action of the respondents in not considering the F_Line application uide No.DER022401O4Zl49, dated OS.tO.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.1.33 guntas in Sy.No.462/B situated at Vallur Village, Erravalli Mandal (erstwhile Itikyala Mandal), Jogulamba Gadwal District, as illegal, arbitrary and violative of the Articles 14, 15, 2I 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. 1.33 guntas in Sy.No.462lB situated at Vallur Village, Erravalli Mandal (erstwhile Itikyala Mandal), Jogulamba Gadwal District along with other lands. 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.TO2060171742 uid.e Khata No.6O222 under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O. It is further stated that due to abnormal increase of the land price .l
2. some of the neighbouring land owners have started disturbing ttre boundaries of the subject land and as such, the petitioner had submitted F-Line application, dated 05.IO.2024 to respondent Nos.4 and 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 fixation of the boundaries.
3. Considered the submissions of 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 disposcd of at the admission stage
4. Learned counsel lor 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 Pieader for Revenue appearing for the respondents 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 lxing boundaries.
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 specifying the conditions for conducting surveys, particularly F-Line (freld measurement) surveys. Individuals requesting such surveys are required to submit specihc documents, and if the conditions stiputated 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, issued relevant circulars from time to time vide Rc.No.N I /6543/99, dated 25.07 .2OOl, Rc.No.N 1 / 14O8 / O7, dated 13.07.2OO7, and Rc.No.N2/ 174rl2OlO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fullils a-tl the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars. I I u 4 \ 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.4 and 5 to examine the petitioner,s F-Line application uide No.DERO224O1047l49, dated O5.1O.2C24 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner's land to an extenr of Ac.1.33 guntas in Sy.No.462/B situated at Vallur Village, Erravalli Mandal (erstwhile Itilryala Mandal), Jogulamba Gadwal District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from tigne to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos.4 and 5 shall 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 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/-P. PADMANABHA REDDY GISTRAR OFFICER To, 1 2 3 4 5 6 The Principal Secretary Revenue Department, S State of Telangana, Hyderabad. The District Collector, Jogulamba Gadwal District, Gadwal The Assistant Director, Survey and Land Settlements Jogulamba Gadwal District, Gadwal The Tahsildar, Enavelli Mandal, Jogulamba Gadwal District. "".0,sftr The . The Mandal Surveyor, Enavalli Mandal, Jo . One CC to Sri Ajgal Ravi Babu, Advocate o t ulamba Gadwal District OPUC] I I TJ BS ' Iil0""?."0:l",oti#' Revenue, Hish court for the State of reransana, ar 8. Two CD Coiies ' b HIGH COURT DATED:28103,{2025 ORDER WP.No.9618 of 2025 \ o q. 1\'r S i.A rt \-( 2 5 APn 2U25 o } * ,/ o:.s pai c''\ .-.- DISPOSING OF THE WRIT PETITION WITHOUT COSTS W* I I I