✦ High Court of India · 21 Apr 2025

High Court · 2025

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Length
1,418 words

Judgment

1. The State of Telanoana. Rep.by its principal Secretary, Revenue Department, Secretariat, Hydera'bad' 3 4 E The District Collector, Rajanna Sircilla District The Revenue Divisional Officer, Vemulawada Division, Rajanna Sircilla District The Tahsildar, Vemulawada Rural Mandal, Rajanna Sircilla District The Assis^tant Director, Distrrct Survey, Setflements and Land Records, Rajanna Sircilla District 6 The Mandd surveyor, Vemurawada Rural Mandal, Rajanna sircilra 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 an order or direction, more particularly one in the nature of writ of mandamus to declare the action of the respondents more particularity the action of the 4rh respondent in not fixing the boundaries to an extent of Ac.4-06 gts in Sy No.273E Ac.1-05 gts, Sy.No,270EE Ac.2-04 gts, Sy.irto272U Ac.0_37 gts, situated at Hanumajipet Village of Vemulawada Rural Mandal, Rajanna sirciJla District in pusuance survey conducted by the 6th respondent on dated 03.06.2023 and despite filing F-Line Application No.DER02250 11s47g\ d1.26.03.2025 is .) 7 highly ilregar' art t.,ry and unjust and consequenry direct the respondents to fix the boundarie; ,: the petitioner in agriculture lands to an +) te rt of Ac.4_06 gts in Sy No.273E l,( ..:)5 gts, Sy No 27\EE Ac.2_04 gts, Sy No..,172U Ac.0_37 gts; Situated at Hirrrr,'rajipet viflage of Vemurawada Rurar Ir,4a,di:r, Rajanna sircira District lA NO: 1 oF 20"25 Petition un(,-rr Section 15i CpC praying that in the cir,:urlstances stated in the affidavit filed i support of tfre petition, the High Court may, br: pleased to direct the respondenrs 1 I r demarcation of petitioners land to fix the beundaries to an extent of Ac.4-{)€ qts in Sy No.273E Ac..l_05 gts, Sy.No 27r)EE Ac.2_04 gts, sy No 272U Ac 'l- 17 gts, situated at Hanumajrpet Virage ol Vemurawada Rurar Mandar, Ralanrr, sircira District by considering petitioners F -Line Apprication No.DER02250115, ../98 dt.26-o3.2025 forthwith pending disposar of the above writ petition Counsel for the l)e titioner: SRI RAM PRASAD TEEGALA Counsel for the Re spondents: Gp FOR REVENUE The Court mad€ th,! following: ORDER a- t ] } i E I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITI ON No. 11691 of 2025 ORDER: ,ol This writ petition is filed declaring the action ,n. respondents in not considering the F_Line application, lated 26.03.2025 submitted by the pe[itioner seeking for conduc[ing survey and demarcation of the land to an extent of Ac.1.O5 guntas in Sy.No.273E; Acs.2.O4 gunras in Sy.No.27OlEE and Ac.O.37 guntas in Sy.No.272U, situated at Hanumajipet Village, Vemulawada Rural Mandal, Rajanna Sircilla District, as illegal and arbitrary and lor other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Ac. l.O5 guntas in Sy.No.273E; Acs.2.04 gunras in Sy.No.27o/EE and Ac.o.37 guntas rn Sy.No.272U, situated at Hanumajipet Village, Vemuli.wada Rural Mandal, Rajanna Sircilla 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 bearing No.Tl912OOgO32O uide Khata No.644 under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O. It is further stated that when the neighbouring land owners have started disturbing the boundaries ofthe subject land n ) CVBR, J $/p- 1t691 2025 -i the petitior e r to respotrd e rL :ird submitted F-Line application, date<l 2'6.03.2025 Nos.4 and 6, by paying requisite fee tl conduct survey of tlLt r r rbject land and hx the boundaries. Tllt gl'ievance of the petilLcr: t: is that even after receiving thc serid F-Line applicatron, t I , respondent authorities are not conrttcting sutwey and fixatiorr o '.he boundaries.

3. Consirlc -,:d the submissions of the learnt-'d co rn scl for the petltloncr arltt Iearned Assistant Government Pleaclcr fcrr Revenue appearing lor .he respondents and with their cor s3nl- this writ petition is rlis , rsed of at the admission stage. LerLr:rec ,:ounsel for the petitioner has subm itt :d that in 4. terms oi t -rr circular issued by the Commisstone -, Survey, Settleinr-'nt; I r rd Land Records, the respondents :ire bound to -r : ; Lpplication within 45 days from th e d I re of the consider t. application irf r : collecting necessary charges.

5. Sri L. R r', inder, learned Assistant Goverltme n - l )leacler for Revenuc app rring for the respondents has suhnri terj that the responden,. :.rthorities will consider the afort sa id F-Line applichtion sr I rmitted by the petitioner by follou'ing d ue procedure laid dou'n r-r r,1er law and conduct survey and dr:marcate the subject lanc l '' fixing boundaries I 1 J CVBR, J wp_ll69l 2025 It is settled law that the Survey Department has the

6. authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, i3i7 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 7923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specihc documents, and if the conditions stipulated in the circulari are fulhlled, the survey and boundary fixation may be .o.ra.-r.t!i.' fn. Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time vide Rc.No.N1/6543/99, dated 25.O7.2OOt, Rc.No.N1/ 14O8/07, dated

13.O7.2OO7, and Rc.No.N2/ t74t/2OtO, dated t8.OS.2O10 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.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petrtion directing respondents i I I I 4 CVBR, J \\p ll69l 2025 - \. Nos.4 att,1 6 examine the Petitioner's F-Lintl ap,plicrrlion sr-LbrnrLted 154798, dated 26.O3.2025 No.DERi):2250 conduc[ing -'u rery and demarcation by fixing brlunrl: ry stones to thc petiti()ner'' land to an extent of Ac.1 O5 guntas ir-r Sr 'No 273E; Acs.2.04 !31r 1 1s in Sy.No.27O/EE and Ac O 37 ! untis in Sy-ruo.b;':ZL. s L uated at Hanumajipet Village, \'emtrlauada Rurai [or Mandal, )?ai;rr r.a Sircilla District and if the petitioncr lu fils all the conditions lL(t r tioned in the circulars issued by t he r]otn missioner, Survey, Se t lc - rents and Land Records from tirle rr: t: me, after issuing nott( e , r-o all the persons interested and adjac':nt pattadars and aftr:;- :,rr : iclering their objections, responrlent Nos 4 and 6 shall condrr< t :,urvey of the aforesaid land, within a p:ri ld of eight (8) weeks fr c n he date of receipt of a copy of this or<ler'

8. With th above observations, this Writ Petition i ; d isposed of' There shall ltc :.o order as to costs

9. As a s,t rr .rel, the miscellaneous petitions perrclin q, if any, shall startc :1 ,';ed To, TJ SS

1. The Princip a I I Telangana. I11 2. The Districl {l( 3. The Reven.,t: District 4 The Tahsildar 5. The Assistant Rajanna Sitril 6. The Mandal S 7. One CC to {ir B. Two CCs to C Hyderabad IC 9. Two CD Cc p ie ?t ^t! i i1 h ,TRUE COPY// SD/. N. SRIHARI - DEF'U Y REGISTRAR ',. \J . ] .J SEC:TION OFFICER ' - J ;-.cretary, Revenue Department, Secretariat, Tt'e State of lerabad llector, Rajanna Sii cilia District -,ivisional Officer, Vemulawada Division, Ra1:lnra Sircilla '.remulawada Rural Mandal, Rajanna Sircilla District -,irector, District Survey, Settlements and Land Records, r District r'.reyor, Vemulawada Rural Mandal, Ralannzr S rcilla District 1am Prasad Teegala, Advocate IOPUCI F'for Revenue, High Court for the State of Tr:langana, at .: ,/ ",'tl t HIGH COURI DATED:21 1A4t2025 ) ORDER WP.No.1169'l r:f 2025 r.. I r'E S 4 ,€ i 2 3 i '., 4t )( ; DISPOSING ().I'' THE WRIT PETITION WITHOUT COfIiTS Aq 2Dl9\a-{ L

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