The High Court · 2025

Petition under Article 226 of lhe Constitutlon of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or Direction, particularly one in nature of writ of N/andamus, questioning the inaction of the part of the Respondent Nos. 3 and 4for not finishing the survey of the Petitioner's Land admeasuring Ac: 1 - 20 Guntas situated in Sy. No.99/E, Peddadinne Village, ltikyal lVandal, Jogulamba Gadwal District and also questioning the inaction on the part of the Respondent No. 5 in not considering the Petitioner s pleas to provide police protection during said survey and to now direct Respondent No.5 to provide police protection to the Respondent Nos.3 and 4 while they are cond uctingsu rvey of the Petitioner's la nd. Counsel for the Petitioner : SRI OMAR A PASHA Counsel for the Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.5 : GP FOR HOME Counsel for the Respondents No.6&7 : -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12996 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the foilowing relief: ". . . .to issue a Writ or Order or Direction particularly one in nature of Writ of Mandamus questioning the inaction of the part of the Respondent Nos.3 and 4 for not fi.nishing the surueA of the Petitioners Land admeosunng Ac.1.2O Cuntas situated in Sg.No.99/8, Peddadlnne Village, Itikgal Mandc, Jogulamba Godual District and also questioning the inoction on the part of the Respondent No.S in not considering the Petitioner's pleas to prouide police protectictn duing satd surueg and to nou direct Respondent No.S to prouide police protection to the Respondent Nos.3 and 4 tuhile they are conducting surueg of the Petitioners land and pass---.-"

2. It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Ac.1.2O guntas in Sy. No.99 / tr, situated at Peddadinne Village, Itikyal Mandal, Jogulamba Gadwal District, having purchased under the registered sale deed document bearing No. 1879 of 2022. It is further stated that the name of the petitioner was reflected in all the revenue records as pat[adar and the revenue authorities also rssued e- pattadar pass book and title deeds as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short "the ROR Act, 197 1"). It is further stated that when some of the neighbouring land owners have started disturbing the 2 boundaries of the subject land, the petitioner has constrained to make F-Line application, dated 18.05.2024 to respondent Nos.3 and 4, by paying requisite fee to conduct survey of the subject land and hx the boundaries. The petitioner received thc notice uide No.OlOl49 124, dated 27.O3.2O25 from respondent No.3 stating that the survey officer from their ofhce was arriving on the petitioner's land on 08.O4.2025 to conduct survey. Aiter arrival of survey officer, she was stopped by respondent Nos.6 and 7 who are the petitioner's paternal uncle and cousin, threatened the sur-vey officer not to conduct survey, claiming that they also had a share in the petitioner's land. The survey officer hence asked respondent Nos.6 and 7 to submit requisite papers to support their claim. Respondent Nos.6 and 7 are failed to do so, then the survey officer started conducting survey, r,l'hich was interrupted by respondent Nos.6 and 7. The peti[ioner immediately approached respondent No.5 for police aid, but his oral request for the same was ignored. The grievance of the petitioner is that even after approaching respondent No.5, they are not providing police aid.for conducting survey and after receiving the said F-Line application, the respondent authorities are not conducting survey and fixation of the boundaries. w -)

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 tha t in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from lhe date of the applicat ion alter collecting necessary chargcs.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents placing reliance on the instructions has not disputed that the petitioner is a pattadar and he has made F-Lrne application, dated 18.05.2024 for seeking to conduct survey. It is further submitted that on the complaint submilled by respondent No.6 a case in Crime No.60 of 2025 was registered under Sections 118(1), 352 r/w 3(5) BNS, dated

09.O4 .2025 and the same is pending for investigation.

6. It is settled law, mere conducting of survey it does not take away the existing right of either of the parties. The survey authorities are only conferred with a power to identify localize land by hxation of the boundaries. If there are inter se disputes with regard to encroachments or claiming the land or disputing the 4 nature of the land, its classihcation, the petitioner/ respondents can avail the appropriate remedies before the competent Civil Court or appropriate forum. Simple pendency of the criminal case does not take away the right of the petitioner for seeking to conduct survey as per the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 7923 (for short, 'the 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. Thc said application is complicd with all the requirements of the Act, 1923 and if the conditions stipulated in the circulars are full'illed, 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 vide Rc.No.N 1/ 654 3 /99 , dated 25.O7 .2OO l, Rc. No.N 1 / t4O8l 07 , dated 13.07.2OO7, and Rc.No.N2/174112O1O, dated. 18.05.2010 stipulating the conditions for conducting survey of privute lands and as per the said circulars, if the petitioner fulhis all the conditions of the said circular, it is an obligatron for the respondents to conduct sur-vey within the time specified in the said circulars. 5

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.3 and 4 to examine the petitioner's F-Line application, dated

18.05.2024 submitted for conducting survey and demarcation by fixing boundaries to the petitioner's land to an extent of Ac.1.20 guntas in Sy.No.99/E, situated at Peddadinne Village, Itikyal Mandal, Jogulamba Gadwal District and if the petitioner fulhls all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from lime to time, respondent Nos.3 and 4 shall conduct survey of the aforesaid land in terms of the notice ui.deNo.Ol0749/24, dated 27.O3.2O25, if necessary seeking protection from respondent No.5 in accordance with law and conduct survey within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With the above observations, this Writ Petition is disposed of There shal1 be no order as to costs. As a sequel, the miscellaleous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- P. PONNA KRISHNA ASSISTANT BEGISTRAR '/t sEcnbil oFFlcER To, '1 . The Principal Secretary, Revenue department, State of Telangana' Telangana.

2. The.District Collector, Jogulamba Gadwal District, New Collector Office' HB colony, Gadwal, Telangana, 509 125 - 3.TheMRo/TheTahsildar,ltikyalMandal,JogulambaGadwalDistrict,office ;i.nii;;lT;trs-iloir onicd, Jo(lulamba Gadwal. Ph' 9000101499' E-mail' .^L :+:1..,^llla\^tn^il ^^m 4 l:?S",'""8[:-'JHi"d,?""31's:l*:fl taTi."t",,1'H'il"?,'"llli]8XEi3!o*'' Telangana 509125 ' Jogulamba Gadwal ' Hffif ili, !Et'f,o,1,"€'i J#f '.(ylffili: SJaBt 6. One CC to SRI OMAR A PASHA' Advocate [OPUC] 7. Two CCs to GP FoR REVENUE, High Court for the State of Telangana 8. Two CCs to GP FOR HOME' High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD CoPies BSK GJP I \ \ HIGH COURT \ DATED:2810412025 nt- , * a I i r )i- '.,-a) lt) s $* \}\ 1:. ORDER WP.No.12996 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS v{ \ \4\