High Court · 2025

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 a Writ or Direction or an Order which particularly in the nature of wRlT OF MANDAMUS declaring the action of the respondents in not conducting the survey and fixing the boundaries by way of sub division of the petitioner lands land total admeasuring Ac. 2-33 gts comprising an exlent of land Ac. 00-29 gts in Sy.No. 231lA/2,]and Admeasuring Ac. 00-05 gts in sy.No. 2321A12, extent of Ac. 00-22 gts in sy.No. 233tN2 standing in the name of my vendor No.i Nitin Kumar Agarwal and an extent of land Ac. 00-29 gts in Sy.No. 2311AA11 an extent of land Ac. 00-05 gts in Sy.No. 232tAAt1 and extent of land Ac. 00-23 gts in Sy'No' 233lAN1 standing in the name of my 2nd vendor sunil Kumar Agarwal lying and forming part of Sy.No. 231, 232 and 233, situated at Tondapally village, shamsahabad Mandal, Ranga Reddy district. is illegal, arbitrary, contrary to the provision of survey and boundaries Act and rules made there under an as well as violation fundamentar rights guaranteed under the constitution of rndia and consequently direct the respondents to conduct the survey and fix the boundaries by way of sub division of the petitioners above said lands forthwith. IANO:1OF2 025 Petition under section i5'r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondents to conduct the survey and fix the boundaries by way of sub division of the petitioner's rands totar insuring Ac. 2-33 gts comprising an extent of land Ac. 00-29 gts in Sy.No. 231tN2, land Admeasuring Ac. 00-05 gts in Sty,.No. 2321N2, extent of Ac. OO-22 gts in Sy.No. 2331N2 standing in the name of my vendor No.i Nitin Kumar Agarwal and an extent of land Ac. 00_2g gts in SyNo. 231lAN1 an extent of rand Ac. 00-05 gts in syNo. 232rAN1and extent of rand Ac. 00-23 gts in syNo. 233lAN1 standing in the name of my 2nd vendor sunil Kumar Agarwal lying and forming part of sy.No. 231 . 232 & 233, situated at rondapa,y village, shamshabad Mandar, Ranga Reddy district forthwith pending disposar of the main Writ Petition. Counsel for the Petitioner: SRI S.SATyAM REDDY, SENTOR COUNSEL Counsel for the Respondent Nos.1 TO 5: Gp fOn neVeruUe Counsel for the Respondent No.6: Gp FOR HOME REPRESENTING M/s HARSHEET REDDY LAw FIRM The Court made the following: ORDER TIIE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1O88O of2025 ORDER: This writ petition is filed seeking following r6lief "For the reasons stated in the accompanying affidavit, the Petitioner herein prays that this Hon'ble High Court may be pleased to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not conducting the survey and fixing the boundarres by way of sub division of the petitioner lands total admeasuring Ac. 2-33 gts comprising an extent of land Ac. 00-29 gts in Sy.No. 231/A/2, land Admeasuring Ac. OO 05 gts in Sy.No. 232/A12, extent of Ac. OO-22 gts in Sy.No. 233/A/2 standing in the name of my vendor Nol. Nitin Kumar Agarwal and an extent of land Ac. 00 29 gts in Sy.No.231/AA/I an extent of land Ac. 00-05 gts in Sy.No. 232/A /1 and.extent of land Ac. 00-23 gts in Sy.No. 233/AA/l standing in the name of mv 2,,d vendor Sunil Kumar Agarwal tying and forming part of Sy.No. 231, 232 & 233, situated at Tondapally viltage, Shamsahabad Mandal, Ranga Reddy district is illegal, arbitrary, contrary to tle provision of Survey and boundaries Act and rules made there under and as well as violation fundamental rights guaranteed under the constitution of India and consequently direct the respondents to conduct the survey and hx the boundaries by way of sub division of the petitioner's above said lands forthwith and pass such other order or orders as this Hon'ble High Court deemed it llt ancl proper in the circumstances of the case."

2. It is stated that the petitioner is the absolute owner and possessor of the total extent of land admeasuring Acs. 2.33 guntas forming part of Survey Nos.231, 232 and 233, situated at Tondapally Village, Shamshabad Mandal, Ranga Reddy District (for short, 'the subject landJ, having purchased the same through registered Sale Deed bearing Document No. 1945 of 2024 dated. 19.12.2024. It is further stated that when the adjacent owners are causing inconvenience and obstruction of enjoyment of the petitioner over the subject land, the petitioner has made an F-line =- 2 CVBR,J W.P.No.1O88Qof 2o25 application on 01.o3.202s by complying with all the requirements as per the circular instructions issued by the commissioner, Survey, Settlements and Land Records, Hydcrabad uide circular Rc.No.Nr/ r4og/07 dated, r3.o7.2oo7 seeking to conduct the survey. It is further stated that acting on the said survey, thc respondcnts have issued notices uide Flle No.MS/ 14/2025 dated

24.02.2025 and 15.03.2025 to the petitioner as well as adjacent owners for conducting survey of the subject land. The grievance of the petitioner is that when the petitioner made an enquiry as to why survey has not been conducted on the scheduled date, the survey ofhcials have informed the petitioner that the adjacent pattadars are obstructing and creating law and order problem. Hence, the present writ petition.

3. consiclered the submissions made by the rearned counsel for the parties arrd with their consent, this writ petition is disposed of at the admission stage.

4. Sri S.Satyam Reddy, learned Senior Counsel appearing for the petitioner contended thar the petitioner is the absolute owner and possessor of the subject land having purchased the same under registered Sale Deed bearing Document No. 1945 of 2024 dated 19.72.2024 and. he has complied with all the requirements as per the circular instructions issued by the Commissioner, Survey, Sett.lements and Land Records, Hyderabad_ uide circular Rc.No.Nl/ l4o8/oz dt.l3.oz.2oor from time to time and the said application has been accepted by the respondents and notices dated I b 3 CVBR, J W.P.No.1O880 of 2O25

24.02.2025 and 15.03.2o25 have been issued to the petitioner as well as adjacent owners of the subject land uide File No.MS/ 14 /2025.

5. The above said facts have not been disputed by the learned Assistant Government Pleader for Revenue appearing for the respondents.

6. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Court uide order dated 23.Og.2O22 in w.P.No.32785 of 2022 and the relevant portion of the said order is extracted hereunder: "8. The Commissioner, SurueA, Settlements and Land Record.s, Hgd.erabad, has 6sued uarious circulars from time to time in connection uith conducting of surueg, demarcations and sub-division of land and surueg numbers and also disposal of F-line petitions submitted bg the parties concemed seeking surveg and sub-divtsion. The said circulqrs uere issued keeptng in uiew the Board Standing Orders-34A para 20(a) of the Board Standtng Orders, which reads cs under:- "AppLications from piuate parties to point out the boundaies of thet frelds in acardance with the surueg records maA be received bg the Taluk Tahsildar. On receipt of the applicatton with the deposit (prescribed fee), the Tatsildar should fonaard it to the Surueyor-Firka Deputg Suruegor who should, during his r,zsit to the utllage, complg tuith the reqlest. The Suruegor-Nrka Deputg Suraegor should. afier pointing out the required boundary to the ryot, obtain his signature to that effect in the application and should himself ftuntQ tereon that the boundary uas pointed out bg him in accordance uith the meastrements noted in the surueg records." Paragraph No.6 (b) oJ the Rc.No.N2/ 1741/2010, dated 18.05.20j0 Ctrq ar reqds as under:- 'F-line petitions/ demarcation petitions receiued in respect oJ porTions of surueg fi.elds in agicultural lands sltould be conuerted by Tal;:;i1rJrLrs ad appltcations for subdivtsion on pagment of balance fee pagable, if any and subdiuision should be done in accordance uith BSO 34-A para 13 and. in respect oJ Telangana districts in qccordance with CSSLR circular Rc. No. N 1/ 1408/ 07 dt.13.O7.2OO7.'

9. Thereafi.er, another Circular in Rc.No.Nl/ 4296/ 2012 dqted 22.08.20j2 u.ros issued duly issutng further instructions and guidelines for demarcatton .- \ --' \: .i 4 CVBR, J W.P.No.1088O of 2025 and surveg of llrc sub-diuiston surueV numbers and instructiotl Nos.1 to 6 oJ the said Circular read as under:- "1. Euery F Line Demorcatlon applrcation must be submitted to the co ncerned'l'atLsitdar/ E- Seua/ M ee- Seua_ 2. Euery F LtLe Demorcaton opplication must be registered and such regtsterecl appLtcatlons must be a ended in seriatum only and uaLid reasons for any deutation to the seiqtum shnuld be recorded. 3. (a) Every F-Line demarcatiort application shalL be accompunied bg a Xerox copg of pattadar passbook or a copg of *Le latest adangal,/ paharn. (b) Dernttrcatton applicaton utithout such suppotlve or eutdential documeti tnag be rejected. 4. If the applicant submils a self suom afjdauit declaing his ights/ reputed ounership a possession along uith the demarcation petttion, lhe concentecl TatLsildclr maV take an appropiate decisioi after thorouglt uerifcatiort of records either to Jonuard the same to the Surwegor or reject. 5. (a) Martdat Suruegor/ Deputg Suruegor shalt serue nottces to tlv (1) Appticant (2) Adjacent lctttd holders uithin the suruey number and adjotning su ru eg nu mb e r s Vitlage Reuenue Officer (3) (4) lf the odjacent land belongs to tocal body/ Gouentment, notices shal| be served on the concerned authoritA (b) Prior to tssue of notices or afler issuing the notices, if ang 2a;ti1en' objectiort-s of the adjacent land holders are receiued, demarcation cctnnot be denied unless tt is a legally ualid objection and approued by the Talrcildar. (c) In generoL, afler issuing the nottces if ang adjacent land holder absent for demarcalion, natural[g demarcation will be postponed. ln such ccses, noltces to be issued to all the concemed. consequetLtht two times and if ang oJ them is absent for demarcation euen aJTer receipt of the notices, a fi.nal notice shall be issued. intimating them tlat the denrarcatton will be done on the date mentioned in the fi.nal notrce "euen in therr absenceD, as due opporlunitg uas giuen. 6. .lf the dentarcetion application is for a parl of undiuided fietd such applicqtton mag be conuerTed mto patta sub-divtsion application and I I I 5 CVBR, J W.P.No.1O88O of 2025 necessary statutory procedure to be foltowed for it bA taking application from applicant."

10. From a pentsal of the aboue refened Ciranlars,.tt is clear thot as and when F-line pelitions for demarcatton/ sub-division are receiued in respect of parfions of suruey numbers in agicultural land, theg are required to be converled as applications for sub-division bg the Tahstldars on payment of balance fee payable, if any and sub diuision shall be done tn respect of the Telangana Dstncts in accordance with Circular in Rc.No.Nl/ 1408/07, dated 13.O7.2OO7, issued by the Commissioner of Surueg, Settlement and Land Records- At thts stage, it ruould be necessary to mqke note of some of the inslnrctions issued in the said Arcular dated 13-07.2007 ruhich qre ertracted hereunder: '5. Thereafter, the Mandal Surueyor will proceed for sub division and prepare the sub-diuision record. The sub diuision shall be done' in accordance with the description of properly sale deed in cqse of sabs, paftition deed in case of Pdrtition" mutual agreement in case o/ succession etc. Houeuer, the sub-diuision uill be done onlg subject to the actual possession on ground tattging with the documents mentioned aboue prouded that the Transkrees name finds place in the Reuenue occounts thro ugh p ro p er mutatio n.

6. After preparation of the SDR, the Mandal Suruegor shall submil it to the Tahstldar toho tuill uerify rt'hether il confirms to the doctments and whether records are signed bg all tle conceoted parties. Thereafter, Tahstldar should send tle record to Assisran, Director, SwleA and Land Records Departmeftt uith a proposal for sanction of Phodi.

7. Llpon receipt oJ this proposal, the Assistant Director shall scruttnize the recorcls and take further action for preparation and issue oJ supplementary sethuar and for incorporation of changes, if any-" 11- The Circular insttuctions issued bg the Commtssioner are uery clear and absolutelg there is no ambiguitA and the obligation that is cast upon the respondent-Talstldar is unequiuocal and hence, ang action on the pafi of the respondents to refuse lo conduct surueA and demqrcation or sub-division of the patl surueg numbers pursuant to tlE request made bg the pe'tsons concented bg submitting F Line petitions is totallg impennissible and illegal. lt is onlg to auoid such ambiguous situation, tle aboue referred circulars uere issued categoricallg stating that it is tlle obligation on the part of the resPondent'. Tahsitdar to take up such applicatiorts as and tuhen the applicatrcns are received for surueg and demqrcatioa oJ part suruey numbers and to complete the surueA bg dutg collecting the required fees'" 6 CVBR, J I W.P.No.1O880 of 2025 a-r

7. This Court on considerat.ion of the said Circulars, disposed of the 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 he is also entitled for the said relief to maintain parity.

8. In view of the above, this Writ Petition is disposed of directing the 4tl' respondent to examine thc F-line application of the petitioner dated O 1.03.2025 for conducting sub-division survey and demarcation by fixing boundaries of the subject land i.e., total extent of land admeasuring Acs. 2.33 guntas forming part of Survey Nos.231, 232 and 233, situated at Tondapally Village, Shamshabad Mandal, Ranga Reddy District, in pursuance of the notices dated 24.02.2025 and 15.03.2O25 uide Frle No.MS/ 1412025 and in case , if the 4d, respondent is 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 shnll pay such fee as may be required by the 4th respondent. On such payment o[ fee by thc petitioner, the 4h respondent shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law. If there is any law and order problem, the 4m respondent is directed to take necessary assistance from the concerned police to proceed to complete the qurvey in accordance with the circular instructions issued by the Commissioner, Survey, Settlements and 7 CVBR, J W.P.No.1O88O of 2025 Land Records, Hyderabad uide circular Rc No'N1/ l4O8l07 dated 13.o7.2OO7. The entire exercise, as directed above, shall be completed within a period of two (02) months from the date tif receipt of a copy of this order. 9 With the above observations, the Writ Petition is disposed of' There shall be no order as to costs Miscellaneous applications pending, if any, shall stand closed' Sd/- A. SREENIVASA REDDY SSISTANT RE /ITRUE COPY// ECTION OFFICER cretariat B uildings

1. The Principa I Secretary Revenue DePartment, T$ arkalan Ranga Reddy nue Division Kongara kalan, Rang a Red dy district Kong offi cer, Shamshabad reve Hyderabad, State of Telangana The District Collector, The Revenue Divisional Ranga Reddy district. fneiin.ifaa'r, Shamshabad Mandal Shamshabad' Ranga Reddy,distirct riie niiGtint'Oirector Survey and Land Records, Shamshabad Mandal, Shamshabad, Ranga ReddY The Station House officer, S Ranoa Reddv district . OnetC to M/s HARSHEET REDDY LAW FIRM, AdVOCAtC Two CCs to GP FOR REVENUE, High Court for the State o Hyderabad lOUTl Two CD Copies district hamshabad P.S Near Pedda Shapur village IoPUCI f Telangana, at To \ 2 J 4 5 6 7 I

9. PSK. HIGH COURT CVBR,J DATED:10104t2025 -:i:=:_=::._ -( s i 'r:" i,.\'\ ,.1: ORDER WP.No.10880 of 2025 /< 'I c !) t$ \'\r\ ls + $( .k !).1? DISPOSING OF THE WRIT PETITION WTHOUT COSTS \ 2e