✦ High Court of India · 21 Apr 2025

Kaka Chinna l\/uthyalu v. '1. The State of Telanqana

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Length
1,260 words

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of l\r'landamus, declaring the aclion of the respondents 2 to 4 in not considering the F Line application No. DERO 22401106439 vide Receipt No. AA 28507079 dated 1110412024 requesting to conduct the survey and fix up the boundaries of the petitioner agricultural lands situated in Sy No. 304E to an extent of Ac. 2.219ts, Sy. No.347l1 l1l4 to an extent of Ac. 2.319ts, Sy.No. 390 to an extent of Ac. 1.10 gts situated at Ankampalem Village, Dammapeta Mandal, Bhadradri Kothagudem District is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14,19,21 and 300-4 of Constitution of lndia and consequently to direct the respondents 2 to 4 to conduct the survey and fixed the boundaries of the petitioner agricultural lands basing on the F Line application No. DERO 22401106439 vide Receipt No. AA 28507079 dated 1110412024 in the interest of justice. 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 2 to 4 to conduct the survey and fixed the boundaries of the petitioner agricultural lands situated in Sy No. 304E to an extent of Ac.

2.219ts, Sy. No. 347111114 to an extent of Ac. 2.31gts, Sy. No. 390 to an extent of Ac. 1 .10 gts situated at Ankampalem Village, Dammapeta Mandal, Bhadradri Kothagudem District by considering the F Line application No. DERO 22401106439 vide Receipt No. AA 28507079 dated 1110412024, pending disposal of the main writ petition. Counsel for the Petitioner: SRI PENUBALLI RAMESH BABU Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I I I I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY MIT PETITION No.11823 of 2025 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F Line application, dated \l .O4.2O24 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent ol Ac.2-21 guntas in Sy.No.304E, Ac.2-31 gunras in Sy.No.347l llll4 and Ac. 1-10 gr-lntas in Sy.No.390 situated at Ankampalem Village, Dammapeta Mandal, Bhadradri Kothagudem District, as illegal, arbitrary and violative of the Articles 14, 15, 2l and 300-A of the Constitution of India and for other appropriate relicls.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent oI Ac.2-21 guntas in Sy.No.304E, Ac.2-31 guntas in Sy.No.347 / 1l I l4 and Ac. 1- 10 guntas in Sy.No.390 situated at Ankampalem Village, Darnmapeta Mandal, Bhadradri Kothagudem 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 bearing No.T271 O0020039 and Khata No.41 the provisions of the Telalgana Rights in Land and Pattadar Passbooks Act,2A2O. It is lurther stated that the pctitioner has submitted F- l ) Line application, dated 11.04.2024 before the respondents, by paying requisite fee to conduct survey ofthe subject land and fix the boundaries. The grievance of the petitioner is that even after receiving lhe said F-Line application, the respondent authorities are not conducting survey and fixation of the.boundaries.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

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

5. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application sukrmitted I by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries. / I J

6. It is settled iaw that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIll of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulfilled, the survey and boundary {ixation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Surwey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No. N 1 / 6543/ 99, dated 25.07 .2OO I, Rc. No.N 1 / l4O8 / 07, dated )3.O7.2OO7, and Rc.No.N2/ 174l /2O1O, dated 18.05.2010 stipulating the conditions for conducting surwey ol private lands and as per the said circulars, if the petitioner fullills all the conditions of the said circular, it is an obligation for the i 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 petition directing respondent { , r,l I I 1 Nos.2 to 4 to consider the F-Line application, dated 1 l.O4 .2024 submitted by the petitioner, in accordance with the provisions of the Telangana Survey and Boundaries Act, 1923 and also in terms of the circular instructions issued by the Commissioner, Survey, Settlement and Land Records for conducting survey on field measurement applications (F-Line applications), from time to time, within a period of eight (8) weeks from the date of receipt of a copy of this order, if not already conducted.

8. With the above observations, this Writ Petition is disposed of There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/-A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal . Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad

2. The District corlector, Bhadradri Kothagudem District office at Kothagudem. 3. The Revenue Divisional Officer, Bhadradri Kothagudem District at Kothagudem.

4. The Tahsildar, Dammapeta Mandal, Bhadradri Kothagudem District. 5. One CC to SRt PENUBALLT RAMESH BABU, Advocate [OpUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies MP BS 4'I- t I \ t HIGH COURT DATED:21 10412025 I .$' 'i. '+ .\ \\ss J i- ,i ORDER WP.No.11823 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 2f I I a I

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