✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
1,380 words

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 Mandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the F-Line Application through vide No.DER022501142912, dated. 21 .02.2025 and non-conducting the survey and demarcation on the land of the Petitioner to an extent of land Ac.1 .32 Gts, in Survey No.103/AA1 and to an extent of land Ac.0.0450 Gts in Survey No.103lE2l2, totaling to an extent of Ac.'l .3650 Gts Which is situated at Ghattuthumman Village, Balmoor Mandal, Nagarkurnool District and non- initiating to fix the boundaries to the agriculture land of tfre petitioner is illegal, arbitrary, u nco nstitutio nal and violation of Articles 14, 1s, 21 of constitution of I lndia and arso .,'ior;: tion of principres of Naturar Justice and r;or sequenry direct the Respondent N: s 4 and 5 to consider the F-Line appricati rn through vide No DER0225O11'12{12' dared. 21 .02.2025 0f the petitionr:r and conduct the 1 survey and demarr; . ion and fix the boundaries to the agrir urlure rand of the Petitioner to an ext{:i1t of Ac.1.3650 Gts, in Survey.Nos. 103r\A I and 103/E212, which is situaterrr '..t Ghattuthumman Virage, Batmoo.. Manca, Nagar.kurnoor District. lA NO: 1 o F 2025 Petition under slection 151 cPC praying that in the circun.stances stated in the affidavit firerl rr support of the petition, the High court nral be preased to direct the Responder 't Nos 4 and 5 to consider the F-Line a6rpr cation through vide No DER022501 142912, dated. 21 .02.2025 0f the petitione. a rd conduct the survey and demarcari.n and fix the boundaries to the agric;urtu.e .rand of the Petitioner to an exten of Ac.1 .3650 Gts, in Survey Nos. .1 03r\r\1 and 1031E212, which is situated al (rhattuthumman vi[age, Barmoor tvand rr, Nagarkurnoor District pending discos:rl of the Writ petition. Counsel for the petitic ner: SRI RAPOLU BHASKAR Counsel for the Respc,ndents:AGp FOR REVENUE The Court made the following: ORDER i l HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.13lO9 of 2o.25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated 2l .O2.2O25 submitted by the petitioner seeking for conducting survey and demarcation of the land to arr extent of Ac.1.32 guntas in Sy.No. 103/AA1 and Ac.0.0450 guntas in Sy.No. lO3lE2l2, situated at Ghattuthumman Village, Balmoor Mandai, Nagarkurnool District, AS illegal, arbitrary and violative of the Articles 14, 15 and 2l of tbe Constitution of India and for other appropriate reliefs

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Ac.1.32 guntas 1n Sy.No.103/AA1 and Ac.0.0450 guntas ln Sy.No. 103/E2l2, situated at Ghattuthumman Village, Balmoor Mandal, Nagarkurnool District, along with other lands. 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 pass book bearing No.TO3030O4O439 uide Khata No.659 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that due to abnormal 2 CVBR. J wp 11 109 2025 ! increase of th c e nd price some of the neighbouring Ia nc owners have started clisrrtrbing the boundaries of the sub-iect litnrl and as such, the pt:til ()ner had submitted F Line applicert.or , dated

21.O2.2O25 lc rr spondent Nos.4 and 5, by paying rerlLis te fee ti> conduct sur,\./('\: tf the subject land and fix the bound,rri':s. The grievance of the t)etitioner is that even after receiving, -ht said F- Line applicatir-rrr the respondent authorities are not :o-rducting survey and llxati rr of the boundaries.

3. Considerr:r the submissions of the learned cotLrsel for the petitioner and [t arned Assistant Government Pleader firr Revenue appearing [,rr tl e rcspondents and with their consent .his writ petition is dispos ed of at the admission stage.

4. Learned <: r -rnsel for the petitioner has submitte:d that in terms of thLe r ircular issued by the Commissioner, Survey, Settlements anr,- Land Records, the respondents are b cund to consider the a1,:plication within 45 days from the dat,: of the application after :ollecting necessary charges.

5. Sri L.R:,Lr.i rler, learned Assistant Government l)leader for Revenue appe ar rLg for the respondents has submitl e I that the respondent :Lur h orities will consider the eifores;aid F-Line application subn itted by the petitiorrer by following due p: ocedure 3 CVBR, J Wp_13t09 202s laid down under law and conduct suryey and demarcate the subject land by fixing boundaries.

6. It is settled iaw that the Survey - Department has the authority to conduct survey and demarcate lands in accordancc with the provisions of the Telangana Land 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 (freld 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 I Rc. No.N 1 /654.3 /99, dated 25.OT .2OO 1, Rc.No.N 1 / 140 8 I 07, dated 13.O7.2OO7, and Rc.No.N2/ 174L/2OtO, dared 18.0S.201O stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulhls all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars. I I -i + (]VI]R, J wp..l3l09 2025 7 . In vievr o1 the aforesaid discussion, this Courl c eems it appropriatc i.c <1 srpose of this writ petition directing r cs condent Nos.4 and 5 l-c, cr rrsider examine the petitioner's F-Line rrpl>licatron uide No.DtrRO,).2i O1142912, dated 21.O2.2025, in accorrlance with the provisions o[ the Telangana Survey and Boundariers A,;t, 1923 and also in i-c:: -ns of the circular instructions iss'r( )d by the Commissione r i urvey, Settlements and Land Re corc s conducting sirlrv lf on field measurement applicati,rns (F-Line applications), lio rL time to time, within a period of four (z ) weeks from the date c, rcceipt of a copy of this order. if nol already conducted. B. With the al c,vc observations, this Writ Petition is d.str,osed of There shall br: no order as to costs.

9. As a sr:qur l, the miscellaneous petitions pendir-r11, Lf any, shall stand closer //TRUE COPYII \ I SD/. A. SF.INIVASA REDDY ASSISTAN'II REGISTRAR /I .l ' St:C'lONOFFICER The Princip4 S,i x)retary, Revenue Department, Secletariat Eiuilling. ljtate of Telangana, Hyderabad. Secretariat, Th€ The District Col ector, Nagarkurnool, Nagarkurnool District. The Revenue D r,isional Officer, Achampeta Division, Nagar.<urnool District. The Tahsildar, [:]almoor Mandal, Nagarkurnool District. The Mandal Surveyor, Balmoor Mandal, Nagarkurnool Distri:t. 9n" 99 to Sri ll,rpolu Bhaskar, Advocate TOPUCI Two CCs to GF Ior Revenue, High Court for the Slate of Te argana, at Hyderabad [OLl rr Two CD Copier; \ To, 1 2 3 4 5 6 7 o. TJ GJP l r i:i HIGH COURT DATED:29104t2025 ORDER WP.No.13109 of 2025 '4 \ t i-4E \ o a (l S. !* ,,| ,-, t:' / l\/ , . r,- ;l/ DISPOSING C}F THE WRIT PETITION WITHOUT COSTS I

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