✦ High Court of India · 08 Apr 2025

V. Bala Narasimha Reddy, S/o Late v. Sathi Reddy, Age

Case Details High Court of India · 08 Apr 2025
Court
High Court of India
Decided
08 Apr 2025
Bench
Not available
Length
1,296 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direc{ron more particularly one in the nature of Writ of lVlandamus by declaring the action of the 6th and 7th Respondents in not issuing notice to conduct the survey and demarcation of boundaries for the land in Sy.No. 3l 11 an extent of Ac.2-O4 Gts., in Sy.No. 3l I an extent of Ac.2-36 Gts-, total an extent of Ac.5-00 gts., situated at Madharm Village, Ghatkesar lr/andal, lvledchal- Malkajgiri District as illegal, arbitrary and violalive of the principles of natural .iustice and consequently direct the 6th and 7th Respondents to issue the notice for conducting survey and demarcation of boundaries and orders may be passed accordingly in the interest of .iustice. -__,? lA NO: 1 OF 2025 Petition under Sectlon 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 6th and 7th Respondents to issue notice to conduct the survey and demarcation of boundaries for the land in Sy.No. 3l t1 an extent of Ac.2-04 Gts., in Sy.No. 3/ /q an extent of Ac.2-36 Gts., total an extent of Ac.5-00 gts., in pursuance of the F Line petition No. DER02240 1047248. dated 05. j 0.2024 in Meeseva, pending disposal of the Writ Petition and orders may be passed accordingly in the interest of justice. Counsel for the Petitioner: SRl. DEVULAPALLI BRAHMAM Counsel forthe Respondents: SRI L. RAVINDER AGp FOR REVENUE The Court made the following: ORDER u'Jr \' THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1O524 of 2o25 ORDER: . This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated O5.1O.2O24 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.2.O4 guntas in Sy.No.3/a/ 1 and Ac.2.36 guntas in Sy.No.3/6al3 situated at Madharm Village, Ghatkesar Mandal, Medhcal-Malkajgiri District, as illegal, arbitrary and violative of principles of natural justice and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the land to an extent of Ac.2.O4 guntas in Sy.No.3/a/ 1 and Ac.2.36 guntas in Sy.No.3/6ala situated at Madharm Village, Ghatkesar Mandal, Medhcal-Malkajgiri 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 betaring No.T0605018OO54 uide Khata No.132 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 some of the neighbouring land owners have started disturbing the boundaries of the subject land and as I 2 - such, the petitioner had submitted F-Line application, dated O5.1O.2O24 to respondent Nos.6 and 7, by paying requisite fee to conduct sur-vey ofthe subject land and fix the boundaries. The grievance of the petitioner is that even alter receiving the said F- L,ine application, the respondent authorities are not conducting survey and fixation of the boundaries.

3. Considered the submissions ol the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for lhe respondents and with their consent this writ petition is disposed ot at the admission stage.

4. Learned counsel for the pe titioner 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 respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by followrng due procedure laid down under law and conduct suruey and demarcate the subject land by fixing boundaries. J

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 (lieid measurement) surveys. Individuals requesting such surveys are required to submit specihc documents, and if the conditions stipulated in the circulars are fulhlled, 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.Nl/6543/99, dated 25.O7.2OO1, Rc.No.N1/14O8/07, dated

13.O7.2OO7, and Rc.No.N2/174112O1O, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulhis all the conditions of the . said circular, it is an obligation for the respondents to condu€t 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 respondents I I 4 Nos.6 and 7 to examine the petitioner's F-Line appiication uide No.DER0224O 1047248, dated A5.7O.2024 submitted for conducting survey and demarcation by hxing boundary stones to the petitioner's land to an extent of Ac.2.O4 guntas in Sy.No.3/A/ 1 and Ac.2.36 guntas in Sy.No.3/6ala situated at Madharm Village, Ghatkesar Mandal, Medhcal-Malkajgiri District, and if the petitioner fulhls 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, respondent Nos.6 and 7 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// \ Ii \,qT .{ SD/.T.TIRUMALA DEVI UTY REGISTRAR SECTION OFFICER \ To,

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, tvledchal-Malkajgiri District 3. The Assistant Director Survey and Land Records, Medchal-Malka.igiri District 4. The Revenue Divisional officer, Keesara Division, Medchal-lr,4alka.igiri District 5. The Dy- lnspector of Survey, Keesara Division, tvledchal.Ivlalkajgiri District' 6. The Thasildar, Ghatkesar Mandal, tt/ledchal-Malkajgiri District.

7. The Mandal Surveyor, Ghatkesar Mandal, lvledchal-Malkajgiri District. 8. One CC to SRl. DEVULAPALLI BRAHMAM Advocate [OPUC] 9. Two CCs to GP FOR REVENUE ,High Court for lhe State of Telangana / '10.Two CD Copies KKS KKS _ , :i. .. i... _ .. :: -: HIGH COURT DATED:0810412025 \ \ ORDER WP.No.10524 of 2025 ,,,C \_ ti'j I i-> r1 ,4- ,! .) i-. ..-\ '(,1.'r\ 26 rUE zffi D ( SF 1l , r',' , I DISPOSING THE WRIT PETITION WITHOUT COSTS ,1 $\

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