High Court · 2025

Petition under Article 226 of lhe constitutron of lndra praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or directron more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No.2 to 7 in not conducting sub-division survey of petitioner's agricultural lands and fixing the boundaries in Ac 0.O5cents in Sy.No.32611AA, Ac.1 .14cents in Sy.No.3ZOltR, Ac.0.32cents in SyNo326/1, Ac.008cents in Sy.No.326/1/AA, Ac.0.55cents in Sy.No.394/7, Ac.0.17cents in Sy.No 326/2 lA, Ac.O.1rTcents in Sy.No.326t2AA, Ac 0.'l6cents rn Sy.No.326/2E, Ac.O.17cents in Sy,No.326t5, Ac.O.22cents In Sy.No.326/3 and Ac.0.08cents in sy.No.32614, rorally admeasuring to an extent of Ac.4.11cents, situated at Amaravaram village, Huzurnagar Mindal, Suryapet District, Telangana, in pursuarrce of the F-Line application No. FDR02 23oogg3ls7, I Df .09.12.2023, as arbitrary, illegal, contrary to the provisions of Telangana Survey and Boundaries Act and in violation of Article 21, 300A of constitution of lndia and consequenfly direct the respondents to conduct the sub-division survey and fix the boundarres to above mentioned petitioners lands 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 forthwith direct the Respondents to consider petitioner's F-Line Application for conducting the sub-division survey and fixing the boundaries of petitioner agricultural lands in an extent of Ac.o.05cents in Sy.No.326/1AA, Ac.1 14cents in Sy.No.326/1A, Ac 0 32cents in Sy.No.326/1 , Ac.0.O8cents in Sy.No.32611lAA' Ac.0.55cents in Sy.No.394/7, Ac.0.17cents in Sy.No.32612lA, Ac.0.17cents in Sy.No.326/244, Ac.0 16cents in Sy No.326/2E, Ac.0.17cents in Sy.No.326/5, Ac.0.22cents rn Sy.1%o.326/3 and Ac.O.08cents in Sy No 326/4, tota.ly admeasuring to an extent of Ac.4.'1 'l cents, situated at Amaravaram village, Huzurnagar Manual, Suryapet District, Telangana, pending dispcsal of the above writ petition Counsel for the Petitioner: SRl. TENE PANDU RANGA RAO Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER .\ THE HON'BLE SRI JUSTIcE C.V. BHAS KAR TION No. 12635 of 20125 WRIT REDDY ORDER: This writ petition is hled seeking following relief: 'For the reasons stated in the accompanying affidavit' it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ' Order or direction more particularly one in the nature of Writ of Mandamus' declaring the action of the respondents No 2 to 7 in not conducting sub-division survey of petitioner's agricultural tands and lxing the boundaries in Ac'O 05 cents in Sy No 326llAA' Ac. 1. 14 cents in Sy'No SZO/ fn' Ac 0 32 cents in Sy No 326/ 1' Ac O OS cents in Sy.No.326l 1/AA, Ac 0 55 cents in Sy No 394/7' Ac'0 17 cents in sy.No.326l2/A, Ac'O 17 cents in Sy No 326/2AA' Ac 0 t6 cents in Sy.No.326/2E, Ac 0'17 cents in Sy'No 32615' Ac 0 22 cents in Sy No 326/3 and Ac.o.08 cents in Sy No 326/4' totally admeasuring to an extent of Ac 4 11 cents' situated at Amaravaram village' Huzurnagar Mandal' Suryapet District' Tetangana, in pursuance of the F-Line application No FDRO223O0983757 ' DT.o9.|2.2o23,aSa.rbirary,illegat,contrarytotheprovisionsofTelangana Survey and Boundaries Act and in viotation of Article 21' 3O0A of Constitution of India and consequently direct the respondents to conduct the sub-division survey and hx the boundaries to above mentioned petitioners lands and pass such other order or orders as this Hontrle Court deems Iit and proper in the circumstance of the case and in the interest oljustice ' 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents possessor of lands 3 The Petitioner claims to be owner and admeasuring Acs' 0.O5 cents in SurveY No 326/ 1AA' Survey No.326/ 1A, Acs' 0'32 cents in Survey No'326/ 1' Acs Acs' O 17 cents In SurveY No.326/ 1/AA, Acs O.55 cents in Survey No'39417 ' Survey No.326l2lA,Acs' O' 17 cents in Survey No 326/2AA' Acs O' 16 cents in Survey No.32612F , Acs' O'17 cents In SurveY No.326/5, Acs O'22 cents Acs. 1.14 cents in O.O8 cents tn 2 CVBR, J W.P.No.12635 of 2O25 in Survey No.326/3 and Acs. O.08 cents in Surve5, No.326/4, totally admeasuring to an extent of Acs. 4.11 cents, situated at Amaravaram village, Huzurnagar Mandal, Suryapet District (for short, 'the subject propcrty') and the petitioner got mutated his name in the revenue records and pattadar passbook ancl title deeds were issued to the petitioner. The grievance of the petitioner is that he had submitted F-Line Application on 09.12.2023 uide Application No. FDRO2230O9837 57 for conducting survey/ sub-division and demarcation in respect of the subject property, but till date the respondents have not conducted any survey and demarcation of the subject property. Hence, the presenl writ petition.

4. The issue relating to conduct of survey zrnd sub-division of survey etc. was considered by this Court vide order dated 23.08.2022 in W.P.No.32785 r:[ 2022 and the relevant portion o[ the said order is extracted hereunder: The Commissioner, Survey, Settlements-and Land Records, Hyderabad, has issued various circulars from time to time in connection with conducting of surve_v, demarcations and sub-division of land and survey numbers and also disposal of F-line petitions submitted by the parties concerned seeking survey and sub-division. The said circulars were issued keeping in view the Board Standing Orders-34A para 2O(a) of the Board Standing Orders, rvhich reads as under:- "Applications from pnvate parties to point out the boundaries of their fields in accordance with the survey records may be received b1 the Taluk Tahsildar. C)n receipt of the application with the deposit (prescribed fee), the Tahsildar should forward it to the Surveyor-Firka Deputy Surveyor who should, during his visit to the village, comply with the request. The Surveyor-Firka Deputy Surveyor should after pointing out the required boundary to tlle ryot, obtain his signature to that effect in the application 3 CVBR, J W.P.No.l2635 of 2025 and shoutd himself (write) thereon that the boundary was Pointed out by him in accordance with the measurements noted in the survey records." Paragraph No.6 (b) of the Rc.No.N2/174ll2OlO, dated 18 05.2010 Circular reads as under:- "F line pelitions/demarcation petitions received in respect of portions of survey helds in agricultural lalds should be converted by Tahsildars ad applications for subdivision on payment of balance fee payable, if any and subdivision should be done in accordance with BSO 34-A para 13 and in respect of Telangana districts in accordance lvith CSSLR circular Rc. No. N I / I408/ 07 dt.l3.O7 .2OO7 ."

9. Thereafter, another Circular in Rc.No.N1/429612Q12 dated 22.08 201'2 was issued duly issuing further instructions and guidelines for demarcation and survey of the sub-division survey numbers and instruction Nos.l to 6 of the said Circular read as under;- " l. Every F-Line Demarcation application must be submitted to the concerned Tahsitdar/ E-Seva/ Mee-Seva. 2. Every F-Line Demarcation application must be registered and such registered applications must be attended in seriatum only and valid reasons for any deviation to the seriatum should be recorded- 3. (a) Every F-Line demarcation application shall be accompanied by a Xerox copy of pattadar passbook or a copy of the latest adangal/pahani' (bl Demarcation apptication without such suPPortive or evidential document may be rejected. If the appticant submits a self sworn affrdavit declaring his 4. rrghts/reputed ownership a possession along with the demarcation petition, the concerned Tahsildar may take an approPriate decision after thorough verihcation of records either to forward the same to the Surveyor or reject. 5. (a) Mandal Surveyor/Deputy Surveyor shall serve notices to the (i) APPlicart 12) Adjacent lald holders within the survey number and adjoining surveY numbers (3) Village Revenue Officer (4) If the adjacent land belongs to local body/ Government, notices shall be served on the concerned authoritY (b) Prior to issue of notices or alter issuing the notices, if any written objections of the adjacent land holders are received, demarcation cannot I 4 CVBR, J W. P.No. 12635 of 2O2S tre denied unless it is a legally valid objection arrd approved by the Tahsildar. (c) In general, after issuing the notices if any adjacent land horder absent for demarcation, naturally demarcation will be postponed. ln such cases, notices to be lssued to all the concerned consequently tlvo times and if any of them is absent for demarcatron even after receipt of the notices, a final notice shall be issued intimating them that the demarcation will be done on the date mentioned in the linal notice "even in their absence", as due opportunity was given. 6. If the demarcation apptication is for a part of undivided field such application may be converted into patta sub_division application and necessary statutory procedure to be followed for it by taking application from applicant. "

10. From a perusal of the above referred Circulars, it is clear that.as and when F-line petitrons for demarcation/ sub-division are received in respect of portions of survey numbers rn agricultural land, they are required to be converted as applications for sub-division by the Tahsildars on payment of balance fee payable, if an,v and sub-division shal be done in respect of the Telangana Districts in accordance lgith Circular in Rc.No.N1/ l4Og/OZ, dated 13.O7.2OO7, issucd b-y the Commissioner of Survey, Set ement and Land Records. At this stage, it lvould be necessary to make note of some of the instructions issued in the said Circular dated 13.07.2007 whrch are extracted hereunder: "5. Thereafter, thc Mandal Surveyor wi[ proceed for sub-division and prepare the sub-division record. The sub_division shalt be done in accordance with the description of property sale deed in case of sales, partition deed in case of partition, mutual agreement in case of succession etc. However, the sub diqsion will be done only subject to the actual possession on ground tauying with the documents mentioned above provided that the Transferees name finds place in the Revenue accounts through proper mutation.

6. After preparation of the SDR, the Mandal Surveyor shall submit it to the Tahsildar who will verify whether it confirms to the documents and whether records are signed by all the concerned partics. Thereafter, Tahsildar should send the record to Assistant Director, Survey and Land Records Department with a proposal for sanction of phodi. 5 CVBR, J W.P.No.12635 of 2025

7. Upon receipt of this proposal, the Assistant Director shall scrutinize the records and take further action for preparation and issue of supplementary sethwar and for incorporation of changes, if any " The Circutar instructions issued by the Commissioner are very clear 11. and absolutely there is no ambiguity and the obligation that is cast upon the respondent-Tahsildar is unequivocal and hence, any action on the Part of the respondents to refuse to conduct survey and demarcation or sub-division of the part survey numbers pursuant to the request made by the persons concerned by submitting F-Line petittons is totally impermissible and illegal' It is only to avoid such ambiguous situation, the above referred circulars were issued categorically stating that it is the obtigation on the part of the respondent-Tahsildar to take up such applications as and when the applications are received for survey and demalcationofpartSurveynumbersandtocompletethesurveybyduly collecting the required fees."

5. This Court on consideration of the said Circulars, disposed of l I the said writ petition with certain directions. In the light of the said decision, this Court is of the considered view that the petitioner herein is also standingonthesamefootingandSheisalsoentitledfortheSaidreliefto maintain Pa-ritY.

6.Inviewoltheabove,thisCourtdeemsitappropriatetodispose of the writ petition, directing the respondents to examine the application datedog.|2.2023uideApplicationNo.FDR022300983757Submittedbythe petitionerforconductingsub-divisionSurveyanddemarcationbyfixing boundaries of the subject property' In case, if the respondents are of the view that sub-division numbers is required to be done and any further fee is required to be paid by the petitioner in terms of the Circulars referred above' the same shalt be intimated to the petitioner and on receipt of such 6 CVBR, J W.P.No.12635 of 2O2S I intimation, the petitioner shall pay such fee as may be required by the respondents. On such payment of fee by the petitioner, the respondents shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law. The entire exercise, as directed above, shall be compreted within a peri.d of eight (0g) weeks from the date of receipt of a copy of this order. 7 With the above observations, this Writ petition is disposed of. There shall be no order as to costs Miscellaneous applications pending, if any, shall stand closed SD/-A. JAYASREE ASSISTANT REGISTRAR To, //TRUE COPY// Telangana State Secretariai. Tank Bund. Hvoeirora""'' secffi orncen '1 The Princioar secretary Revenue Department, Ambedkar Bhavan Terangana 2. The District Collector, Suryapet District, Telangana State 3. The Assistant Director Survey and Land Records Suryapet District, 4. The lnspector of Survey and Land Records, Suryapet District, Telangana 5. The Deputy lnspector of Survey and Land Records, Huzurnagar, Suryapet 6. The Mandal Surveyor, Huzurnagar Mandal, Suryapet District 7. The Tahsildar, Huzurnagar Mandal, Suryapet District, Telangana State 8. One CC to SRT TENE PANDU RANGA RAO Advocate tOpUCl 9. Two CCs to Gp FOR REVENUE ,High Court for the State of Telangana. District, Teiangana State State

0. Two CD Copies 1 KKS BS r HIGH COURT DATED:2510412025 g iilS sr4 ()( ( ? a n J ,' a, 0 5 AU6 2[6 I r'-',",,r-" l \t- -. -;r/' ORDER WP.No.12635 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS \) )e