✦ High Court of India · 24 Apr 2025

High Court · 2025

Case Details High Court of India · 24 Apr 2025
Court
High Court of India
Decided
24 Apr 2025
Bench
Not available
Length
1,675 words

Petition under Article 226 of lhe 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 l\ilandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the F-Line Application through vide No.DER022401069632, dated- 20.06.2024 and non-conducting the survey and demarcation on the land of the Petitioner to an extent of land Ac.2.2B Gts in Survey No. 305/4, an extent of land Ac.4.'l '1 Gts in Survey No.340/4, an extent of land Ac.0.28 'Gts in Survey No. 342141 , an extent of land Ac. 0.05 Gts in Survey No.343/EE, an extent of land Ac.1 .26 Gts in Survey No. 346/441, an extent of land Ac.'1 .32 Gts in Survey No. 347lRu, an extent of land Ac.1 .29 Gts in Survey No.4B9/A, an extent of land Ac.3.04 Gts in Survey No.490/A, totaling Ac.16.03 Gts, which is situated atArutla Village, lbrahimpatnam Mandal, Ranga Reddy District and non-initiating to fix the boundaries to the agriculture land of the Petitioner is illegal, arbitrary, u nconstitutional and violation of Articles 14, 15,21 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.4 and 5 to consider the F-Line application through vide No.DER022401069632, dated- 2006.2024 of the Petitioner and conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitionerto an extent of land Ac.16.03 Gts in Survey Nos. 305/4, 340/A, 342141 343/EE, 346/AA1, 347tRu,489/4 and 490/4 which is situated at Arutla Village' lbrahimpatnam Mandal, Ranga Reddy District. ' 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 Respondent Nos 4 and 5 to consider the F-Line application through vide No.DER022401069632, dated- 20.06.2024 of the Petitioner and conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of land Ac.'16 03 Gts in Survey Nos. 305/4, 340iA' 342141 343tEE,346/4,41 , 347lRu,489/4 and 490/4 which is situated at Arutla Village, lbrahimpatnam Mandal, Ranga Reddy District pending disposal of the Writ ' Petition, Counsel for the Petitioner: SRI RAPOLU BHASKAR Gounsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER .3' i r I F( h I F I iI F I I t. Ft Ilr s a\ ORDER: THE HON'BLE SRI JUSTICD C.V.BHASKAR REDDY WRIT PEIITION No.12555 of 2o25 This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, the petitioner herein that this Hon'ble Court may be pleased to issue an apprbpriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.4 and 5 in non considering the F-Line Application through vide No. DERO22401069632, dated: 20.06.2024 and non-conducting the survey and demarcation on the land of the Petitioner to an extent of land Ac.2.28 Gts in Survey No. 305/4, an extent of land Ac.4.11 Gts in Survey No.340/A, an extent of land Ac.0.28 Gls in Survey No. 342/41, an extent of land Ac. 0.O5 Gts in Survey No.343/EE, an extent of land Ac.1.26 Gts in Survey No. 346/AAl, an extentof land Ac.1.32 Gts in Survey No. 347/Ru, an extent of land Ac.1.29 Gts in Survey No.489/A, an extent of land Ac.3.04 Gts in Survey No. 490/A, totaling Ac. i6.03 Gts, which is situated at Arutla Village, Ibrahimpatnam Mandal, Ranga Reddy District and non-initiating to fix the boundaries to the agriculture land of the Petitioner is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.4 and 5 to consider the F-Line application through vide No.DERO22401069632, dated: 20-06.2024 of the Petitioner and conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of land Ac.16.03 Gts in Survey Nos. 305/4, 34OlA, 3421A1, 343lEE, 346/AA1, 347 lR]u,489/4 and 490/4 which is situated at Arutla Village, Ibraiimpatnam Mandal, Ranga Reddy District and pass such other order or orders as this Hon'lole Court may deem ht and proper in the circumstances of .the case."

2. It is stated that the petitioner is the pattadar and possessor of land admeasuring to an extent of Acs.16.O3 guntas in Survey Nos. 305/A, 34O/A, 342lAL, 343/EE, 346lAAt, 347 lRu, 489 /A and 49o/A, situated at Arufla Village, Ibrahimpatnam Mandal, Ranga Reddy District (for short, 'subject landJ and the revenue authorities have issued e-pattadar passbook to the petitioner uide No.T05170212453 and Khata No.4675 under the ,/ 2 CVBR, J W.P.No.12555 of 2025 provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O arrd the petitioner is cultivating the subject land without any interruption from anybody in the village. It is further stated that due to abnormal increase of the land price and in order to protect his land from the land grabbers, the petitioner submitted F-Line application dated 20.06.2024 uide Application No. DER022401O69632 to respondent Nos.4 and 5 by paying requisite fee to conduct survey of the subject lald and fix the boundaries. The grievance of the petitioner is that even after receiving the 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 for the petitioner has submitted that in terms of the circulars issued by the Commissioner, Surwey, 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. Sri L.Ravinder, .learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the \ \ i i _- '-. - -.-.-a: 3 CVBR, J W.P.No.12555 of 2025 petilioner by following due procedure laid down under law and conduct survey and demarcate the subject land by hxing boundaries.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lalds in accordance with the provisions of the Telangana Lald Revenue Act, 1317 Fasli (Act No. VIII 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 (held 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.Nl/6543199, dated 25.07.2OO1, Rc.No.Nl/ 1408/O7, dated

13.07.2OO7, arrd Rc.No.N2 ll74Il2OlO, 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 circulars, it is an obligation for the respondents to conduct survey within the time specified I t in the said circulars. I t

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.4 and 5 to examine the petitioner's F-Line application uide No. DERO224OIO69632 4 CVBR, J ,1 W.P.No.12555 of 2O25 dated 20.06.2O24 submitted for conducting survey and demarcation by hxing boundary stones to the petitioner's iand admeasuring to an extent of Acs. 16.03 guntas in Survey Nos. 305/A, 34O/A, 342lAl, 343/EE' 3461 AAl, 347 lRu, 489 I A and 49O I A, situated at Arutla Village, Ibrahimpatnam Mandal, Ranga Reddy District and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and La-nd Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos.4 and 5 sha11 conduct surwey of the aforesaid land, within a period of eight (O8) weeks from the date of receipt of a copy of this order.

8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs Miscelianeous applications pending, if any, shali stand closed //TRUE COPY// 1 . The Principal Secretary, Revenue Deoartme Secretariat. Hyderabad, State of Telahoana 2. The District Collector, Ranqa Reddv. Rinoa 3. The Revenue Divisional Oftcer, tOrihimpitn SD/- MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER nt, Se 'etar,iat Building, Reddy District. am Division, Ranga Reddy District. The Tahsildar, Manchal tvlandal, Ranqa Reddv District The Mandal Surveyor, Manchal Mandll, nanol neAOv Oistnct une CC to SRI RApOLU BHASKAR, Advocfte tOpUCl L*g C9" to GP FOR REVENUE, High Court foitrre Siate of Telangana, at Hyderabad [OUT] Two CD Copies To 4 E t) 7 o PSK. SS r I F t I. .. r HIGH COURT DATED:2410412025 ORDER WP.No.{2555 of 2025 e IJ rH f- ST47'e (JA 2 E t'lAY 2025 I l)s S PA TCB (;O f l (' a: L .\ I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \l 11\

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