High Court · 2025

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 10951 OF 2025 Between: Ivleena lhakur, W/o Late Uday Singh Thakur, Aged 52 years, Occ. House Wife, Rl/o H-No. 1 1-4-752, Bazar Guard, Beside Central Bank Red Hills, Hyderabad-TS-500004. ...PETITIONER AND

1. The State of Telangana, Represented by its Principal Secretary, Revenue Department Telangana State.

2. District Collector, Sangareddy, Sangareddy District. 3. Mandal Revenue Officer, Jinnaram Mandal, Sangareddy District. ...RESPONDENTS 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 or Direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.2-3 not taking any action against third parties even though the third parties lay down the boundary stones without tippon and village plan according to panchanamma Report dated_ 1911112022 and not conducting survey with respect to land admeasuring Ac.06-10 gts., in Survey No.2'12 situated at Madaram Village, Jinnaram Mandal, Sangareddy District is agaisnt to the Article 14 and 21 of the constitution, and Principles of Natrual Justice and direct the Respondent No.2-3 to conduct survey, remove the boundary stones laydown by third parties in respect of above mentioned land and consequently direct the Respondent Authorities to consider ,.*r I the application dale. 2610312024 made by the Petitioner for conducting of survey in the Presence of Petitioner in respect of above mentioned land. lA 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 respondents No.2-3 not to initiate any sale transactions till disposal of above Writ Petition in respect of land admeasuring Ac.6.10 gts., in Survey No.212 situated at [Vladaram Village, Jinnaram Mandal, Sangareddy District. Counsel for the Petitioners :SRl. P.ACHUT RAMA SHASTRY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER ,,1 THE HON'BLE SRI JUSTICE C.V.BHASNAR REDDY IVRIT PETITION No.1O951 of 2o25 ORDER: This writ petition is filed seeking following relief .For the reasons stated in the accompanying affrdavit, it is therefore praYed that this Hon'ble Court may be pleased to issue Writ or Direction more Particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.2-3 not taking any action against third parties everl though the third parties lay down the boundary stones without tippon and village plan according to panchanama Report dated: 19-ll-2o22 and not conductrng surve-v with respect to land admeasuring Ac.06-10 gts., in Survey No.212 situated at Madaram Village, Jinnaram Mandal Sangareddy District is against to the Article 14 and,2l of the constitution, and Principles of Natural Justice and direct the Respondent No.2 3 to conduct survey, remove the boundary stones lay dorvn ll1' third parties in respect of above mentioned land and consequently direct the Respondent Authorities to consider the application date: 26.O3.2O24 made by the Petitioner for conducting of survey in the Presence of Petitioner in respect of above mentioned land and pass such other order or orders ma-v deem ht and proper in the circumstances of the case.'

2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents

3. The petitioner is in possession of the agricultural dry land admeasuring Acs. 0.06 guntas in Survey No.212, situated at Madaram Village, Jinnaram Mandal, Sanga Reddy District (for short, 'the subject propertyl, having acquired the same through General Power of Attorney executed by her father Sri T. Ratan Singh and her brother Sri T.Jitender Singh and the petitioner got mutated her name in the revenue records and pattadar passbook and title deed were issued to the petitioner. It is further -l \ \ '., \ 2 W.P.No.1O951 of 2025 CVBR, stated that some third parties have encroached into the subject propert5r and inserted stoncs and created a boundary. The grievance of the petitioner is that she had submitted F-Line Application on 26.o3.2024 for conducting survey/ sub-division and demarcation in respect of the subject propert5r, but till date the respondents have not considered the same. Hence. the present writ petition.

4. The issue relating t.o conduct of survey and sub_division of survey etc. was considered by this court vide order dated 23.oa.2022 in W.P.No.32785 of 2022 and the relevant portion of the said order is extracted hereunder: '8. The Commissioner, Survey, Setttements ald Land Records, Hyderabad, has issued various circulars from time to time in connection with conducting of survey, demarcations and sub-division of land and survey numbers and also drsposal of F-line pctrtions submitted b1, the parties concerncd sceking suwey and sub division. Thc said circulars u,ere issued keeping in view the Board standing orders-34A para 20(a) of the Board Standing orders, which reads as under:- "Applications from private parties to point out the boundarres of their fields in accordancc with the sLl rvey records may be received by the Taluk Tahsildar. On receipt of the al)plication with the deposit (prescribed fee), the Tahsildar should forward it to the Surveyor_Firka Deputy Surveyor who should, during his visit to the village, comply with the request. The Surveyor-Firka Deputy Surveyor should after pointing out thc required boundary to the ryot, obtain his signature to that effect in the application and should himself (write) thereon that the boundary rvas pointed out by him in accordance $,rth the measurements noted in the suneJ, records.,, Paragraph No.6 (b) of rhe Rc.No.N2 lt74rl2o|o, dated 18.05.2010 circular reads as undcr;- "F-line petitions/demarcation petitions received in respect of portions of survey fields in agricultural lands shourd be convert.ed b' r l 3 CVBR, J W.P.No.1O951 of 2O25 Tahsildars ad applications for subdivision on payment of balance fee payable, if any and subdivision should be done in accordance with BSo 34-A para 13 and in respect of Telangana districts in accordance with CSSLR circular Rc.No. N 1/ 14O8/ 07 dt-13.O7.2OO7." g. Thereafter, another Circular in Rc.No.N1/429612012 dated 22 Oa.2Ol2 was issued duly issuing further instructions and guidelines lor demarcation and survey of the sub-division survey numbers and instruction Nos.1 to 6 of the said Circular read as under:- "1. Every F-Line Demarcation application must be submitted to the concerned Tahsildar/ E-Seva/ Mee-Seva Every F-Line Demarcation application must be registered and such 2. registered apphcations must be attended in seriatum only and valid reasons for any deviation to the seriatum should be recorded- 3. (a) Every F-Line demarcation application shall be accompanied by a Xerox copy of pattadar passbook or a copy olthe latest adangal/pahani. (b) Demarcation application u'ithout such supportive or evidential document may be rejected. If the appticant submits a self swbrn afhdavit declaring his 4. rights/reputed ownership a possession along u'ith the demarcation petition, the concerned Tahsildar may take an appropriate decision after thorough verification of records either to forward the same to the Surveyor or reject. 5. (a) Mandal Surveyor/Deputy Surveyor shall serve notices to the (1) (21 Adjacent land holders within the survey number and Applicant adjoining sutwey numbers (3) Village Revenue Offrcer (4) If the adjacent land belongs to local body/ Government, notices shall be served on the concerned authority (b) Prior to issue of notices or after issuing the notices, if any written objections of the adjacent land holders are received, demarcation cannot be denied unless it is a tegally vatid objection and apProved by the Tahsildar. (c) In general, after issuing the notices if any adjacent land holder absent for demarcation, naturally demarcation will be postponed. In such cases, notices to be issued to all the concerned consequently two times and if any of them is absent for demarcation even 4 CVBR, W.P.No.1O951 of 2025 -|td.$rsL{ .q*ilE{fi after receipt of the notices, a final notice shall be issued intimating them that the demarcatron will be done on the date mentioned in tire final notice "even in their absence", as due opportunity was given. 6. If the dcmarcation application is for a part of undivi(led field such application tnav be converted into patta sub-division application and necessary statuton' procedure to be follou,ed for it by takirrg application from applicant. "

10. From a perusal of the above refcrred Circulars, it is clear that as and when P-line petitions for demarcation/ sub-division are recr:ivcrl in respect of portions of survey numbers in agricultural tand, they are required to be converted as aPplications for sub drvrsion b1, the Tahsildars on payment of balance fee payable, if any and sub-division shall be done ur respect of the Telangana Districts in accordance with Circular in Rc.No.Nl/14O8/07, dated 13.O7.2OO7, issued by the Commissioner of Survey, Settlcrnent and Land Records. At this stage, it u,ould be neccssary to make nolc of some of the instructions issued in the said Circular dated 13.07.2007 u,lrir:h are extracted hereunder: "5. Thcreafter, the Marldal Surveyor u,ill proceed for sub-division and prepare the sub-division record. The sub division shall be done in accordance lr,ith the description of property sale deed in case of sales, partition deed in case of partition, mutual agreement in casc of succession etc. However, the sub division will be done only subjecl to the actual possession on ground tatlying with thc documents mcntioned above provided that the Transferees name llnds place in the Revcrrue accounts through proper mutation. 6 After preparation of thc SDR, the Mandal Suryevor sl.rall submit it to the Tahsildar who will verify whether it confirms to the documents and whether records are signed by all the concerned partit:s. Thereafter, Tahsildar should send the record to Assistant Director, Survey and Land Records Department with a proposal for sanction of Phodi.

7. Upon receipt of this proposal, the Assistanl Director shall scrutinize the records and take further action for preparatton and issue of supplementary sethwar and for rncorporation of charges, if zrny." 1I. Thc Circular instructions issued by the Commissioner are very clear and absolutely there is no ambiguity and the obligation that is cast upon the respondent-Tahsildar is unequivocal and hence, any action on the part of the r I I I 1 i ,.,. 5 CVBR, J W.P.No.10951 of 2O25 respondents to refuse to conduct suwey and demarcation or sub-division of the part survey numbers pursuant to the request made by the persons concerned by submitting F-Line petitions is totally impermissible and illegal- It is only to avoid such ambiguous situation, the above referred circulars were issued categorically stating that it is the obligation on the part of the respondent-Tahsildar to take up such applications as and when the applications are received for survey and demarcation of part survey numbers and to complete the survey by duly coltecting the required fees."

5. This Court on consideration of the said Circulars, disposed of \\ath. said writ petition with certain directions. In the light of the said decision, this court is of the considered view that the petitioner herein is also standing on the same footing and she is also entitled for the said relief to maintain Parity.

6. In view of the above, this Court deems it appropriate to dispose of the writ petition, directing the respondents to examine the application d,ated, 26.03.2O24 submitted by the petitioner for conducting sub-division survey and demarcation by hxing boundaries of the subject property' In case, if the respondents are of the view that sub-division numbers is required to be done and any further fee is required to be paid by the petitioner in terms of the circulars referred above, the same shall be intimated to the petitioner and on receipt of such intimation, the petitioner shall pay such fee as may be required by the respondents' On such payment of fee by the petitioner, the respondents shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accord.ance with law. The entire exercise, as directed above, shall be 6 W.P.No.1O951 of 2025 CVBR, completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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 pending, if any, shall stand closed. To, //TRUE COPY// SD/- C. DEEPIKA TANT REGISTRAR SECTION OFFICER

1. The State of Telangana, Represented by its Principal Secretary' Revenue Department Telangana State.

2. District Collector, Sangareddy, Sangareddy District' g.MandalRevenueofficer,JinnaramMandal,sangareddyDistrict. 4. One CC to SRl. P ACHUT RAMA SHASTRY Advocate IOPUC] 5.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana.

6. Two CD CoPies DD GJP ft- l. l; 'uf t, I 1 v i I I I t I I I I I t t I I I t t t I t I l. F I I i I I I HIGH COURT DATED:1010412025 I J ,'\ mO JUL 3 .\ , i'i (' \i ^ ORDER WP.No.10951 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS o..oP(A -&^"