✦ High Court of India · 21 Apr 2025

High Court · 2025

Case Details High Court of India · 21 Apr 2025

''ll[Eti"o*o.*r, 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 order more particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the inaction of the 3rd and 4th respondents in conducting the F-Line Survey of Acs. 5-10 guntas of land in sy.No. 711N2 of Ramavaram Village of Danthalapalli Mandal of Mahabubabad Distri-ct as arbitrary, biased, vindictive, illegal, violative of Articles 1 4, 16 and 21 of the constitution of lndia and against the Principles of Natural Justice, and consequently direct the 3rd and 4th Respondents to conduct the F- Line Survey of land to demarcate and fix its boundaries within a specified time as may be deemed fit by this Honble Court IA 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 directthe3rdand4threspondentstoconductF-LineSurveyoflandmeasuring Acs. 5-10 guntas in Sy.No. 71lA/2 of Ramavaram Village of Danthalapalli' Mahabubabad District immediately, pending disposal of the above writ petition Counsel for the Petitioner: SRI NADIPALLY ANANDA RAO Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER i I I : HON'BLE SRI JUSTICE C.V.BHASNAR REDDY WRIT PETITION No.l1703 of 2025 ORDER: This writ petition is filed declaring the action of the respondents in not conducting the F-Line survey in respect of the pe[itioner's land admeasuring Acs.S.10 guntas in Sy.No.71/A/2, situated at Ramavaram Village, Danthalapalli Mandal, Mahabubabad District, as illegai, arbitrary and violative of Articles 14, 16 ar,d 21 of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Acs.5.1O gul-rtas in Sy.No.71/A/2, situated at Ramavaram Village, Danthalapalli Mandai, Mahabubabad 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 pattadar pass book bearing No.T2503O040623 uide Khata No.6O507 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 o[ the subject land the petitioner had submitted F-Line application, dated 28.12.2024 to respondent No.3, by paying requisite fee to conduct survel' of the \ 2 CVBR. J Wp_l 1703 2025 subject land and hx [he boundaries and acting on the said application a notice, dated 13.02.2025 has been issucd to conduct survcy on 04.O3.2025. The grievzLnce of the petitioner is that even after issuing thc said notice and hxing the date of survey, the respondent aulhorities did not conduct the survey and demarcate the subject land.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pieader for Revenue appearing for tl're rcsponden ts and with their con sent, this writ petition is being disposed of at the admission stage

4. Learned counscl for the petitioner has submitted that in terms of the circular issued by the Commissioner, Survey, Settlements anrl Land Records, the respondents are bound to consider the application within 45 days from the date of the application aftcr collecting necessary charges.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appcaring for the rcspondents has not disputed the F-Line application submitted by the petitioner and also the issuance of survey notice, dated 13.O2.2025.

6. It is settled lau, that thc Survey Department has the authority to conduct survey ancl demarcate lands in accordance ( l wo-',r8l:rr'j with the provisions of the Telangana Land Rer /enue Act, i3l7 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Bounclaries Act, 1923, and the Rules framed thereunder. .I.he Government has issued various circuiars specifying the condidons lor conducting surveys, particularly F_Line (field measurement) surveys_ Individuals requesting such surveys are required to submit specific documents, and if the conditions stipurated in the circuiars are fulfilled, the survey and boundary fixation 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.N1/6543 /gg, dated 25.OZ.2OO1, Rc.No.Nt/140 8/07, dated 13.O7.2OOZ, and Rc.No.N2/1741/2O1O, dated 18.OS.20lO strpulating the conditions for conducting survey of private lancls and as per the said circulars, if the pedtioner fulfils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specilied in the said circulars

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent No.3 to conduct survey and demarcation by hxing boundary stones to the land to an extent of Acs.5.10 guntas in Sy.No.71/A/2, .t CVBR, J WP-1 l?03 2025 C, situated at Ramavaram Mahabubabad Dist'rict' interested and adjacent Village, DanthalaPalli Mandai' afler issuing notices to all the Persons pattadars and after considering thetr shall be comPleted within a Period objectrons of eight (0 The e ntire exercrsc 8) weeks from the dale of receipt of a copy of this order

8. With the above observatrons There shail be no order as to costs , this Writ Petition is disPosed of'

9. As a sequel' the sha1l stand closed' miscellaneous petitions pending' if any' //TRUE COPY// sD/-A. SRINIVASA REDDY I ASSISTANT REGISTRAR / ./ / r', SECTIONOFFICER \ To, 1

2. 3. 4. 5. 6. 7. MBC LS The Principal Secretary, Revenue Department' State of Telangana e.ii.n;o;'al€r Secretdriat, Hvderabad' iriJ oi'Jirl"i'C"rr"Lioi' rr,tar'auibabad, Mahabubabad Diskict' iH i;#iil*, banirriraparti Mandal, Mahabupaba.d District' iffi M;;; atr"vor, orniniiapiri trlanoat, Mahabubabad District' d"e ii 6$ Nlolpritv Anandd Rao Advocate [o^PUCI Two CCs to GP For n"r"n,il'lriigh*c6i"'ii"i ir'"' state 'of Telangana' [OUT] Two CD CoPies HIGH COURT DATED: 2110412025 ,iffi;=;., *s t ' ,:, l l': r' ' i ,,1 I ORDER WP.No.11703 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS )l \6

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