High Court · 2025

Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus, directing the 2nd respondent to consider the appeal filed by the petitioner on 0710312024, for conducting of survey of the land in S.No.408 of Sadasivapet Village, Sanga Reddy District and for demarcating the land of the petitioner declaring the inaction of the 2nd respondent on the appeal of the petitioner is highly unjust, unwarranted, illegal and violative of Articles 14,21 and 3004 of the Constitution of lndia. IA NO: 1 OF 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 2nd respondent to consider the appeal filed by the petitioner on 07.03.2024, for conducting of survey of the land in S.No.408 of Sadasivapet Village, Sanga Reddy District and for demarcating the land of the petitioner, pending disposal of the above Writ Petitiorr Counsel for the Petitioner: SRI C.RAMACHANDRA RAJU Counsel for the Respondents: Gp FOR REVENUE The Cou( made the foltowing: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1O096 of2O25 ORDER: This wnt petition is filed seeking follou,ing reliel' "For the reasons stated in tl.te accompanving affidavit. it is hcrehr prarerl that this Ilonourable Court may be pleased to jssue a u,rit or orcier or-dir:crion, more particularly one in the nature oI Writ of Mandarrus, (lirectjng the 2,,,1 respondent to consider the appeal filed by the petitioner on 07.03.2024, lor conducting of survey of the land in S.No,408 of Sadasivapet Vi1lage, Sanga Reddy District and for demarcatinB the land of the petitioner; declaring the inaction of the 2.d respondent on the appeal of the petitioner is highly unjust, unwarranted, illegal and violative of Articles 14,21 and.300A of the Constitution of India; and pass such other order or orders as this Honourable court may debm fit and proper in the circumstances of the case."

2. It is stated that the grandfather of the petitioner late Sri Gulam Sadat Ali was the absolute owner of the land admeasuring Acs. 4.38 guntas in Survey No.408, situated at Sadasivapeta Village, Medak District and after the death of his grandfather, lather ol the petitioncr and his parernal r-rnc)e and his two brothers Gulam Wale Chotu Mil;a and M.A.Ghanr ir-rhcntt.d thc property and his patcrnal uncle Gulam Walc Cl-rotu Miya has giltcd an cxreltt of Acs. 1.06 guntas out of Acs. 4.38 guntas in Survev No.408, situated at Sadasivapeta Village, Medak District to Sadasivapera Municjpality for the purpose of construction of Bus Station by executing a registered Gift Deed dated 01.07.1968 subject to condition that the petitioner's father, his brothers and their legal heirs shall be permitted to run a hotel, pan shop and cool drinks and ne'ns paper agency on the western side of the land gifted to the Municipality after construction of bus station in the land abutting to the 2 CVBR, J W.P.No.1O096 of 2025 remaining land of the subject property and that they shall be permitted to open a door to their hotel premises towards eastern side of the bus stand for providing free access to the passenger public of the bus stand to their hotel, but the RTC authorities have encroached into the remaining land by constructing a compound r.l,all on the western side of the bus stand. It is further slated that petitioner along w'ith his paternal uncle M.A Ghani made sevcral represcntirtiorls to the Director o[ Survev and Settlements and the Tahsildar complaining about the encroachment ol their land by the TSRTC autlroritics iincl r'tc1:testing them to conduct sulvev and demarcate the subject land bl lixing boundaries, but they have not taken any action. It is furtlrer statcd th:rt thc pctilioner has filed a writ petition uide W.P.No'9978 oI 2019 and the same was disposed of by this Court uide order dated 01.05.2019 directing respondent Nos. 1 and 2 therein to dispose of the representations dated 1O.Ol.2Ol2 and 25.06.20 19 of the petitioner within a period of eight (08) weeks from the date of receipt of a copy of the said order. It is further stated that pursuant to the order dated 01.05.2O19 passed by this Court in W.P.No.9978 of 2019, the Deputy Inspector of Survey has conducted the survev, but since the same has not been done properly, the petitioner has filed another writ petition uide W.P.No. 10789 of 2023 for conclucting propcr survev and the same was dismissed as withdrawn with a libert\, to file an appeal as per Section i0 of Telangana Suruey and BoLrndarit's Acl. l(r2il ulde order clat-ed 20.04.2023, Il is [urther stated that thc pctitioner h:rs i'ilr-rl :Lrr appeal belore thc 3',1 respondent on 1 1.05.2023, (:VBR, J W.P.No.10096 of 2025 but the same was rejected uide retter dated, 23.og.2023. The grievance of the petitioner is that he has filed second appeal before the 2.a respondent on o7.o3.2o24, but the same was not considered ti date. Hence, the present writ petition. 3 Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition 1S disposed of at the admission stage.

4. Pima facie, it appears from rhe record and orclcr rli.rtccl 23.o9.2023 passed bv the 3'1 responclenr r.,irie t,r.No.A4l 1s4o 1 2023 rt:j.t:ri.g the appeal filed by the petitioner that the 3'd respondent has not conductecl any survey as an appelrate authority and simpry confirmecl the suruev report being sent by the Deputy Inspector of Survey. The procedure adopted by the 3'd respondent for conducting survey on the appeals on demarcation is not in consonance with the procedure prescribed in the circular instructions issued by the Commissioner, Survey, Settlements and Land Records.

5. It is settled law that the survey Department has the authoriqr 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 circurars specifying the conditions for. conducting surveys, particurarlv F-Line (fierd measuremr.nr) surveys. Individuals requesting such surveys are required to submit specific J CVBR, J W. P. !\o. 10O96 of 2025 documcnrs and if th. r'.n<ritio.s stir)rirat.d in the circurars are furfiIed, the survey and boundan iixation 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 uide Rc.No.N1 /6543/99 dated 25.OZ.2OOI, Rc.No.N1 / t4O8/07 dated L3.O7.2OO7 and Rc.No.N2lt74ll2OtO dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils 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.

6. In vieu. ol thc aforesaid discussion, this Court deems it appropriarc to disposc ()1 Lhis \\/rit petition directing the 3.d rcspondent to examinc' tl'rc sccond :rppr:al rirccr i-r-r' the petitioncr cratccl o7.03.2 o24 for r:clnrltrc:tinq surt,e-r rrnrl <lcmarcation b_r. fixing boundary st()nes to the pctiti*cr's lard in Sr:r'r'cr No.40g, situatcd at Sadasi'apeta Vi[age, Medak District a.d if trre pctrrio,cr I'urfils all the conditions mentioned in the circulars issued b;l rhe Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and after considering their objections, the 3rd respondent sha, conduct survey of the aforesaid rand, within a period of three (03) months from ttre date of receipt of a copy of this order and the petitioner is also directed to pay necessary charges for conducting survey. 5 CVBR, J W.P.No.10096 of 2025

7. With the above observations, this Writ Petition is disposed of There shall be no order as to costs As a sequel, the miscellaneous petitions pt:nding, if eltlr', shali sl;rrld closed. ,TRUE COPY' SD/-T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER 2 a 4 A

1. State Government of Telangana, Represented by i Revenue Department, Secretariat, Hyderabad District Collector, Sanga Reddy Di Assistant Director of Survey and Land Records, Sanga Redd District One CC to SRI C.RA Two CCs to GP FOR Hyderabad. [OUT] Two CD Copies IVACHANDRA RAJU, Advocate [OPUC REVENUE, High Court for the State of elangana, at rincipal Secretary, strict. T v 1 To t) PSK. BS s HIGH COURT DATED:0310412025 ORDER WP.No.10096 of 2025 1 HE SIA rC' \) 3 29 APB zlz5 ( ( , ( DFSn^.+r" "-c DISPOSING OF THE WRIT PETITION WITHOUT COSTS :& @*e'