High Court · 2025

Judgment

5. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad. The Commissioner, Survey and Land Admuinistration, Nampally, Hyderabad. The District Collector, Kumram Bheem Asifabad District at Asifabad. The Sub Collector, Kaghaz Nagar Dividion at Kaghaz Nagar -504296. The Assistant Director, Survey and Land Records, Kumram Bheem Asifabad district at Asifabad. ct- The Tahsildar, Bejjur Mandal, Kumram Bheem Asifabad district at Bejjur. ...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 or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent No.6 in issuing the impugned Memo dated 02-12-2024 in file No. P175712024, as illegal, arbitrary and against the provisions of law and practice and also against the Principles of natural justice.and CONSEOUENTLY direct the Respondents more particularly the OthRespo'ndent to conduct Survey of Subject land measuring extent Ac.10.3520 guntas in Sy. No.61/7 situated at Ambaghat Village of Bejjur Mandal, Kumram Bheem Asifabad District and fix the boundaries in pursuance of proceedings vide Order dated 02-12-2O24 in File No.

8.175712024 on the file of 6th Respondent by rejecting the objections ot negiouring pattadars. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to direct the Respondents more particularly the 6th Respondent and 7th Respondents to conduct Land Survey and fix the boundaries of subject land measuring extent Ac;.10.3520 guntas in Sy.No.61/7 situated at Ambaghat Village of Bejjur Mandal, Kumram Bheem Asifabad District with police protection in pursuance of proceedings dated O2-12-2024 vide File No. 8175712024 pending disposal of the above writ petition. Counsel for the Petitioner: SRI BHANU MURTHY BALA Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER ,I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No.12O72 of 2025 This writ petition has been filed challenging the memo issued by the 6th respondent-Tahsildar, dared 02.12.2024 in file No.Bl757 12024, rejecting the F-line application submitted by the petitioner vide application No.DERO224O IOSO 144, dated

18.05.2024.

2. On perusal of the impugned memo, it would reveal that the application submitted by the petitioner was rejected on the ground +hat the neighboring owners are objecting for conducting of the strvey. Except stating that the neighboring owners are objecting for conducting survey, no reasons whatsoever has been assigned by the 6d' respondent-Tahsildar. On further perusal of the impugned memo, it shows that the petitioner is the absolute owner of agricultural land and pattadar pass book and titles deeds have been issued in favor of the petitioner.

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 being disposed of at the admission stage. 4. karned counsel for the petitioner .tras submitted that in terms of the circular issued by the Commissioner, Survey, I I i 2 CVBR, J Wp_12O72 2025 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. The 6rt respondent being the competent authority for conducting of survey, cannot reject the application submitted by the petitioner on the ground that the neighboring land owners are objecting for conducting survey. As per the various instructions issued by the Commissioner, Survey, Settlements and Land Records, if the adjacent lald owners are objecting for conducting survey, the Tahsildar has to take necessary protection from the concerned police and conduct the survey. Therefore, the reasons furnished in the impugned memo are not sustainable and the same is liable to be set aside.

5. Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing for the respondents submitted that respondents will consider the application submitted by the petitioner after taking necessary assistance from the concerned police.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordalce with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries ( ( t ) CVBR, J Wp 12072_2025 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 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.N 1 /654 3 I 99, dated 25.07 .2OO 1, Rc.No.N 1 / 1408 I 07, dated 13.O7.2OO7, and Rc.No.N2/ l74I/2OlO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fullils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specihed in the said circulars. 7 . In view of the above discussion, this writ petition is disposed of and as a consequence, the impugned memo is set side, directing the 6tt, respondent to conduct survey, if necessary by taking assistance from the concerned police after issuing notice to the petitioner and all adjacent owners and con.clude the survey as early as possible within a period of three (O3) months from the date of receipt of copy of this order. :\ \ { t \ L 4 CVBR, J W1t-t2072 2025

8. With the above observations and direction, 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 //TRUE COPY// SDi-N.SRIHARI PUTY REGISTRAR ECTION OFFICER To, l

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

2. The Commissioner, Survey and Land Admuinistration, Nampally, Hyderabad. 3. The District Collector, Kumram Bheem Asifabad District at Asifabad. 4. The Sub Collector, Kaghaz Nagar Dividion at Kaghaz Nagar -504296. 5. The Assistant Director, Survey and Land Records, Kumram Bheem Asifabad district at Asifabad.

6. The Tahsildar Bejjur Mandal, Kumram Bheem Asifabad district at Bejjur. 7. One CC to SRI BHANU MURTHY BALA, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] ( I

9. Two CD Copies BSR KKS ) ) HIGH COURT DATED:2210412025 ORDER WP.No.120712 of 2025 1tr E Sr4 14: (ro( J L) 17 JUt{ T6 .\ I 2 o ,5 !l r-t aSr16r" rrF-o DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ ftl blK