The High Court · 2025

application no. DE:rt 022000467617, Dated.02.0'r .2020 as arbilrary, iilegar and contrary to the pr:visions of rHE TELANGANA suRVt:y ANt BouNDARIES ACT, 1923 an I ary raid down by this Hon,ble High Court in cate ra of judgments and consequent y rrrrect the respondents no.3 to 7 to conducl survey and fix boundaries of re titicrrer's rand bearing survey No. 8.18/A1 to an e,.tent of Ac. 1.2o gts situated at \4 tt; trrally Village, Siddipet (Urban) Mandal, Sid,1ipe, District. t.A.NO:1 oF 2021i Petition J.d.' section '151 CpC praying that in the lircJmslances stated in the affidavit fileJ n support of the petition, the High Court rrray be p,rssss6 to direct the respondents N. 3 to 7 to conduct the survey and fixin(l bo,.indaries of the petitioner's ranri n s)urvey No. g1g/Al to an extent of Ac. - .20 gts situated at Mittapa'y Viilage -<'iJdipet (Urban) Mandar, siddipet Distr ct in pr rsuance of the applications of $re l3titioner bearing apprication number L)r=_R )22000467677, Dated.02.0't .20:2C p,rrding disposal of the above writ petitioi. Counsel for the petitioner : SRI MAHESH MAMINDLA Counsel forthe Respondents: AGp FOR REVENUE The Court at the sitage of admission made the following ORDER THE HON'B LE SRI JUSTICE c.v.BHAS KAR REDDY WRIT PETITION No.1 o942 of2O25 ORDER: This writ petition is filed seeking following reiief: "Forthereasonsstatedintheaccompanyingaffrdavit,itisherebyprayed that this Hon'lcle Court may be pleased to issue a writ' order or direction' more particularly in the nature of Writ of Mandamus declaring the action of the respondents No. 3 to 7 in not conducting the survey and h-ting boundaries of the petitioner's land bearing Survey No 818/Al to an extent of Ac 1 20 gts situated at Mittapally Village, Siddipet (Urban) Mandal' Siddipet District in pursuance o[ the applications of the petitioner bearing apPlication no- DER 022000467677 Dated.02.ol.2020asarbitrary,illegalandContrarytotheprovisionsofTHE TELANGANA SURVEY AND BOUNDARIES ACT' 1923 and law laid down bv this Honble High Court in catena of judgments and consequently direct the respondents no.3 to 7 to conduct suwey and hx boundaries of petitioner's land bearing Suwey No. 818/Ai to an extent of Ac 1-20 gts situated at Mittapally Village, Siddipet (Urban) Mandal, Siddipet District and to pass such other order orordersasthisHon,bleCourtmaydeemsfitjustandproperinthe circumstances of the case " ' 2 1n short, 'the subject ProPertY) ' It is stated that petitioner is the absolute owner and possessor of Surwey No.818/A1, agricultural land admeasuring Acs 1 2O guntas situated at Mittapally Village, Siddipet (Urban) Mandal' Siddipet District (for It is further stated that the petitioner's name records as paltadar and possessor as per the was recorded in the revenue provisions of the Telangana Rights in Land and Pattadar Passbooks Act' 197 1 (for short, 'the ROR Act, 1971J and passbook-cum-title deed was issued to the petitioner uide Passbook No T1019OO4O758' Khata No'1369' It isfurtherStatedthatinordertoprotecthislandfromillegalencroachments, the petitioner appiied for frxing boundaries of the subject propetty uide l i 2 CVBR, J W',t'.No.10942 of 2025 Application I o.t)rrR 022000467677 dated o2.or.')-o'.2o a:rd on the said applicalion, 1r, 6rh respondent_Deputy Inspector ol. St rrvcy and Land Records has .r:cl'rcted the survey and panchanam€r in lhc )resence of three punch witne: s(ts on 30.O4.2022, but failed to con(lltot nccessary plot tippans, vill;re rr rrp. drawing lile and related recorcl... /rgft.cved by the said survey, thc |e -ir oner submitted an applicationon2-.oa.2o,.4 to the District Collector, S.d li1r,:r. District requesting to conduct suri,,ev of. the subject property. it is h_ r lher submitted that the 6ff respon,jer1 har issued a notice dated 2o.o7'2 )'.;- t ttid.e Flre No.A3l3a3/2C,24 to tlrc rel.ilioner informing about the p rr po,;,:d survey, but survey was not ccnrlur ted by the gti, respondent' T rr: r1 -ievance of the petitioner is that e.ren rftc'r receiving the f- line applicaric r-r sultmitted by the petitioner uicl e A.ppLcation No.DER 0220004676" 7 clatccl 02.O7.2O2O to conduct survev of rhe s rbject property, the respondcnr arrr horities are not conducting surve\.. Hcr ce, the present writ petition. 3 C() rs (icrcd the submissions made by the earncrl counsel for the parties and ..r,,t.l'r th<:ir consent, this writ petiLion Ls rlrsp rsed of at the admission staqt

4. h:a r-ne c Assistant Government pleader frtr licver ue appearing for the respo'iC,,n ,:; submitted that if the petitioner is irgg;_ievr d u.ith regard to localization c r ixation of the boundaries, he is havir_rg a r ght to file an appeal before .l., r: l?cvenue Divisional Ofhcer as per the ci:_r;ula _ instructions 3 CVBR' J W.P.No.10942 of 2o2s issued by the Chief Commissioner' Survey' Settlement and Land Records forthedemarcationbytheDeputylnspectorofsurveysofconcerned Revenue Division. Learned Assistant Government Pleader further submitted that if the parties are aggrieved by the proceedings ofthe Deputy Inspector of Survey, may hle second appeal' if so desired before the Assistant Director for demarcation by the Inspector of Survey of District maintenance unit and the Inspector of Survey shall conduct demarcation after approval'

5. 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' I3l7 Fasli (Act No VIII of 1317 Fasli)' the Telangana Survey and Boundaries Act' 1923 ' arrd the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (fie1d measurement) surveys. Individuals requesting such surveys are required to submit specifrc 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' issued relevant circulars from time to time vide Rc.No.N1/654 3199' d'ated 25'O7 '2OOt' Rc'No'N1/ VOalOT ' dated 13.O7.2OO7, and Rc'No'N2 llT4ll2OlO' dated 18.O5.2O 10 stiPulating the lands and as Per the said conditions for conducting survey of private n * circulars, if the petitioner fulfils ail the conditi:i" :tj:*":1j':Y" I t CVBR, J Vt.1' No.10942 of 2O2S an obligatio' or t re respondents to conduct survey ,^.ir-rrin t r-re time specified in the said cir rrlr-s. 4 6' rr- t [r': i'rstant case, the Inspector of Su.rel' Dis trict Surwey and Land Records. S rl,lipet District has issued Memo dated 2a.(7.2024 uide Frle No'A3/343/.2(.2: rlirecting the petitioner to submit plcrtecl tippans, v,lage map, drawinq rii. irnd connected records with file us.d .t ,-r: time of survey and submit 1r( [u' ] rcport. As per the records enclosed r11 s,)port of the writ petition, il * or r l' r'e'eal that the 6h respondent has conclu :ted the survey and panchar:t r.r 1\,as drawn on 3O.O4.2O22_ The surlev records such as tippans, villarlc n : qr, crrawing rrle and connected records *.ith the file used at the time of srrr,e.. :Lnd the earlier report is with the c,tTic,c of .he Inspector of Survey, Distr;r:r Str: ve-y and Land Records and said fir: hrrs t< be transferred to the 4th resp,rn J(.nt-Assistant Director, Survey anrl Lar.rrl :tecords. When application dirr 'cr cr2.o 1.2 o2o uide Application No.DI|R 022)0046z617 ror survey and dcr^r-cation of the subject property has b,:en sub nitted in terrns of the circuli'r irr; ructions issued by the chief ()rmrniss loner, Survey, Settlement an r [-r rLrr Records, instead of securing the rrle s frc m the office of the Deputy Ir"s l(:lt'i)r of Survey, the rnspector of Srrrr.t:v l- as issued the Memo dated 2t). )1' .),o2q quite contrary to the circular instruct ions issued by the Chief Comrn s,.i rner., Survey, Settlement and Land llec,rrcls. i

7. In rr::rr. c,f the aforesaid discussion, the Memo clat,:cl 20.O2.2024 issued by the Irlsrpt r to. of Survey, District Survey and Lanc Re, :ords uide File 5 CVBR, J W.P.No.1O942 of 2O25 No.A3/343/2024 is set aside and the petitioner is permitted to hle an appeal on the file of the 4t' respondent-Assistant Director' Survey and Land Records within a period of two (02) weeks from today' if aggrieved by the survey panchanama conducted by the 6t respondent-Deputy Inspector of Surwey and Land Records dated 30'O4'2O22 and il such an appeal has been filed and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notice to the petitioner and all the persons interested and adjacent pattadars, who are affected by such survey and after consideringtheirobjections,the4ffrespondent-AssistantDirector'Survey and Land Records is directed to conduct the survey of the sutrject property within a period of two (o2) months from the date of receipt of the appeal' 8 With the above observations, this Writ Petition is disposed of' There shall be no order as to costs' As a sequel, the miscellaneous petitions pending' if any' shall stand closed To

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7. 8. t I I ** //TRUE COPY// SD/- ASSI P . PONNA KRISHNA TANT REGISTRAR SECTTON OFFICER The Principat Secretary, Revenue Depa(ment' GoTS Secretariat' State of +f; 5 t%il fl l:[l'"?l'J,Xi;, S ettr e m e nts a nd La n d Reco rd s N a rava n as ud a' TilElsi[t:s?::',:.'L1l,l?$?tTfi"'JHy"""lJ."l1l3t]?o'on"'' *5H1:Xr" Divisional officer' siddipet Division' sidd-ipet District' The Deputy lnspector of s'iilli I"JiIu'iJRecords' Siddipet Division' Siddioet District. i[iit:tsf i'sH"Jw'P't$Jft ffi b:l'f its?i'.'Jti':l"orre'|ansanaat Hyderabad. [OUTI -:::3X II i t .,f,tp 33 3;;' 'onESH T,AMTNDLA, Advocate roprrcl HIGH COLIFIT DATED:10 tO4t2O2S \ \ ORDER WP.No.10942 of 2O2S ,/ i', i.r - -1. =--:,. \ A. (r\ 2 $ ,rijil TEi t i.E -;t - 'sir -- DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COI}TS. ,/(

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