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 an appropriate writ, order or Direction, more particularly one in the nature of writ of [\,4andamus, declaring the action of the Respondent no. 3 and 4 not conducting survey, demarcation of the boundaries of the land in sy. No. 2121U admeasuring Ac.0-29 gts in Sy. No. 213lE/1 admeasuring an extent of Acr. 0.22gts,Sy.No.2l4tAtladmeasuringanextentof0.33gts,inSy'No'239e/1 admeasuring an extent of Acr. 3.18 gts totaling an extent oi Acr. 5.22 gts situated at Aloor-1 village, chevella [\ilandal, Ranga Reddy District as arbitrary, illegal, unconstitutional and contrary to the provisions of Law, and consequently direct the respondent no. 3 and 4 to conduct the survey, sub division in the subject property of the petitioner. I : ' I lA NO: 1 OF 2025 Petition under Section 15'l 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 Respondent No.3 and 4 to consider the F-Line Application No. DER02250'! 140266 dated. 14.02.2025, for the purpose of conducting survey, demarcation of the land in Sy. No. 212tlJ admeasuring Ac.0-29 gts in Sy No' 213lEt1 admeasuring an extent of Acr. O.22 gts, Sy. No. 214lA/1 admeasuring an extent of 0.33 gts, in Sy. No. 239el1 admeasuring an extent of Acr. 3.18 gts totaling an extent of Acr. 5.22 gts situated at Aloor-1 village, chevella Mandal, Ranga Reddy District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI P.RAMULU Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER l THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY II/RIT PETITIO N No.12034 of2025 ORDER: This Writ Petition, under Article 226 of trre Constitution of India, is fi1ed by the petitioner, seeking to declare the action of respondent Nos.3 & 4 in not conducting survey for sub-division and fixing the boundaries in respect of the lands admeasuring Ac.O.29 guntas in Sy.No.2 12/U, Ac.O'22 guntas in Sy.No.213lE/1, Ac.0.33 guntas in Sy'No'214/A/1, Ac'3'18 guntas and Ac.5.22 guntas in Sy.No.239e/ 1, situated at Aloor- 1 Village, Chevella Mandal, Ranga Reddy District, as illegal, arbitrary, unconstitutional and consequently prays this Court to direct the respondent Nos.3 & 4 to consider the said application.

2. Heard the learned counsel for the petitioners and iearned Assistant Government Pleader for Revenue appearing on behalf of the respondents and with their consent this writ petition is being disposed of at the admission stage. It is stated that the petitioner is the owner and possessor

3. of lands admeasuring Ac.O.29 guntas in Sy.No.212/lJ, Ac'O '22 guntas in Sy.No.213 lEll, Ac.O.33 guntas in Sy.No'214/A/1, t I I 2 CVBR, J Wp. 12034_2O25 Ac.3.18 guntas and Ac.5.22 guntas in Sy.No.239e/ 1, situated at Aloor- 1 Village, Chevella Mandal, Ranga Reddy District. It is the case of the petitioner that he has submitted F-Line Application on l4-O2.2O25. According to the petitioner, tilt date, no action has been taken by the petitioner. Hence the present writ petition.

4. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Court vide order dated

23.08.2022 in W.P.No.327a5 of 2022 and the relevant portion of the said order is extracted hereunder: "8. The Commissioner, SurueA, Settlements and Land Recorcls, Hgderabad, has issued uaious circulars from ttme to time fiL connection uith conducting of suruey, demarcations and sub-druision of land and surueg numbers antl also disposal of F-line petitions submitted bg the parties concerned seeking suruey antd sub-diuision, The said circulars were issued keepig in uieu the Board Standing Orclers-34A para 2O(a) of the Boarcl Standing Orders, uhich reads as under: 'Appticatiorrc from priuate parties to point out the boundaies of their fields in accordance with the surueg records nLag be receiued bg the Taluk Tahsildar. On receipt of tte application with the deposit (prescibed fee), the Tahsildar shoutd fonaard it to the SurueAor-Firka DeputA Suruegor who should, duing his uisit to the uiLlage, comptg tDtth the request. The SurueAor-Firka Deputg Suruegor should after pointing out the required boundary to the ryot, obtain his signature to that elfect in the appLicatior.- anrl should himself (rttrite) thereon that the boundary uas petnted out blt l'L1m in accordqnce u.tith the measurements noted in the surueA records." 3 CVBR, J wp 12034_2025 Paragraph No.6 (b) of the Rc.No.N2/ 1741/ 2010' date'd 1a.O5.2O1O Circular reads qs under:- "F-Ltne petitions/ demarcation petitions receiued in respect of portions of surueg f.elds in agicultural Lands slnuld be conuerted bg Tahsildars ad appticatians for subdiuision on paAment of balance fee paAable, if ang and subdiuision should be done in accordance with BSO 34 A para 13 and in respect of TelanganQ districts in accordonce tuith CSSLR circular Rc.No.N7/ 1408/ 07 dt.13.07.2007.' Thereafter, another Circular in Rc.No.Nl/ 4296/ 2O12 9. daterl 22.08.2012 u)as issued dulg issuing further instructions and guid.elines for demarcdtion and surueg of the sub diutsion surueg numbers and instnrction Nos.1 to 6 of the said Circular read as under:- " 1 . Euery F-Line Denorcotton ctpplication must be slbmitted to the conceruted Tatsildar/ E Seua/ Mee-Seua. 2. Euery F Line Demarcation application must be registered and such registered applications must be attended in seriatum onlg and ualid reasons for ang deuiation to the seriatum should be recorded. 3. (a) Euery F-Line demarcation application shnll be accompanied bg a Xerox copg of pattadar passbook or a copg of the latest adangal/ pahani. (b) Demarcation application uithout such supportiue or euidenti<tl document moA be rejected. 4. If the applicant submtts a self sworn affidauit cleclaing his rights/ reputed ownership c possessioa along uith the demarcation petition, the concerned Tahsildar mag take an oppropriate decision after thorough ueijication of records either to fonuard the sqme to the Suruegor or reject. 5. (a) Mandal Suruegor/ Deputg Suruegor shall serue notices to the (1) Applicant 4 CVB& J Wp 12034 2O25 (2) Adjacent land hold.ers ruithin the surueg number atd adjoining surueg numbers the adjacent land belongs to (3) Village Reuenue Officer (4) If locttl bocty/ Gouemment, notices slwlt be serued on the cortcerned authorit g @) Pnor b issue of ftotices or ajl.er issuing the notices, if ang uitten objections of the adjacent lqnd holders are receiued., demarcation cannot be dented unless it is a legattg ualid objection and approued bg the Tahsildar. (c) tn general, a,fter issuing the notices if ang adjacent land. holder absent for demarcation, naturallA demarcqtton will be postponed. In such cases, notices to be issued to all the concerned consequentlg tluo times and if ang of them is absent for demarcation euen ajler receipt of the tlotices, a finol nottce shalt be issued intimating them that tlle d.enTclrcation u.till be done on the date mentioned in the final notice- "euen in their absence", as due oppottunitA was giuen.

6. lf tlrc demarcation apptication is for a part of undiuided fi.elrl such application mag be conuerted into patta sub' diuision opplication and necessary statutory procedure to be followed for it bg taking application from appltcant. "

10. From a perusal of the aboue rekrred Circulars, it is clear that as and uhen F-line petitions for demarcation/ sub division are receiued in respect of portions of surueg numbers in agicultural land, they are required to be conuerted as applicatiorrs for sub-diuision bg the Talsildars on payrnent of balance fee pagabte, if ang and sub diuision shall be clone it respect of the Telangana Dislncts in accordance tuith Orrcular in Rc.No.N 1/ 1408/ 07, dated 13.07.2007, issued bg the 5 CVBR, J Wp-12O34 2025 Commissioner of Suruey, Settlement and Land Records. At thts stage, it u)ould. be necessory to make ruote of some of the instructions issued in the said Circular dated 13.07 2007 tr.thich ore exlracted hereunder: "5. Th,ereafter, the Mandal Suruegor will proceed for sub diutsion and prepare the sub diuision record. The sub'diutsion shall be done in accordqnce uith the desciption of propertg sale deed in case of sates, partition deed in case of partitiory muhtal agreement in case of succession etc' Howeuer, the sub-diuision tuill be done onlg subject to the actua, possesslon on ground tallging uith the documents mentioied aboue proutded that the Trotlsierees name finds place in tlrc Reuenue accounts through proper mutatiott'

6. Afler preparatton of the SDR, ,he Mandal Suruegor shatL submit it to the Tahsildqr who Luill uerifg uthether it confi.nns to the documents and uhether records are signed bg alt the concemed parties. Thereofter, Tahsildar should sind the record. to,4ssistant Dtrector, Surueg and Lantd Records Depdrtment uith a proposal for sanction of Phodi. 7- upon receipt of this proposal, the essistant Director shc'll scrutinize the records and take further action for preparation and. issue of supplementary sethtaar ancl for incotporation of changes, if ang."

11. The Ciranlar instructions issued bg the Commissioner are uery clear and absolutelA there is no ambiguitg and the obligation that is cast upon the respondent-Tahsildar is unequiuocal qnd hence, ang action on the part of the respondents to refuse to conduct surueg and demarcation or sub-diuision of the part surueg numbers pursuant to the request made bg tlrc persons concerned bA submitting F Line petitions is totallg impermissible and illegal. It is onlg to auotd such ambiguous situation, the aboue refened circatars uere issued categoicallg stating that it is the obligation on the part of the respondent-Tahsildctr to tqke up such applications as and u.then the applications are receiued for surueg and demqrcation of part surueg numbers ond to complete the surueA bA dulA collecling the required fees." 6 CVBR. J W1t 12034 2025

5. This Court on consideration 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 petitioners herein are also standing on the same footing and they are also entitled for the said relief to maintain parity. In view of the above, this Writ Petition is disposed of

6. directing respondent Nos.3 & 4 to examine the F-line application of the petitioner for conducting subdivision survey and demarcation by fixing boundaries of the subject lalds admeasuring lands admeasuring Ac.O.29 guntas in Sy.No.212lU, Ac.O.22 guntas in Sy.No.213/E/1, Ac.O.33 guntas in Sy.No.214 lAl I, Ac.3.l8 guntas and Ac.5.22 guntas in Sy.No.239e/ I , situated at Aloor- 1 Village, Chevella Mandal, Ranga Reddy District and in case, if respondent Nos3 & 4 are of the view that sub-division numbers is required to be done and any further fee is required to be paid by the petitioners in terms of the Circr-rlars referred above, the same shall be intimated to the petitioners and on receipt of such intimation, the petitioners shall pay such fee as may be required by the respondent authorities. On such payment of fee by the petitioner, respondent authorities shall take further steps for taking up the I I I I I I I I tr, ,7 CVBR, J Wp 12034 2025 survey as requested by the petitioner and conciude the same in accordance with law. The entire exercise, as directed above, shall be completed within a period of fort5r five (45) working days from the date of receipt of a copy of this order. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// SD/.A. SRINIVASA REDDY A SI TANT REGISTRAR ECTION OFFICER The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana. The District Collector, Ranga Reddy District. The Tahasild_ar, Chevella Ranga R6ddy District. The Mandal Surveyor, Chevelta Manddl, Ranqa Reddv District. One CC to SRI P.RAMULU, Advocate tOpUCl Two CCs to GP FOR REVENUE, Highbourt /or the State of Telangana, at Hyderabad. [OUT] Two CD Copies To

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7. PSK. BS 6 i i HIGH COURT DATED:2210412025 ORDER WP.No.12034 of 2025 itP- :l' .t l- ( ,J ? g APH 2[25 2 o -t\ t DEsparctl (.-O DISPOSING OF THE WRIT PETITION WITHOUT COSTS C9 c,,^d w