THE HON'BLE SRI JUSTICE C v. BHASKAR REDDY WRIT PETITION NO

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 lmpugned Endorsement bearing Lr.No.B/1897i2024, dared 28.11.2024, issued by Respondent No.4, whereby Respondent No.4 has arbitrarily and unlawfully refused to complete the demarcation of the land admeasuring Ac.0.33 Gts., situated in sy.No. B2lltEE of Jeedimetla Village, Quthbullapur Mandal, Medchal-Malkajgiri District, in spite of the fact that a survey had arready been conducted and a report was dury submitted by Respondent No.b on 10.06.2024, as illegal, arbitrary, malafide and without jurisdiction, apart from being in gross violation of the principles of natural justice and contrary to the provisions of the Telangana Survey and Boundaries Act, 1923, and various circular orders i lnstructions issued by ccLA besides violating the Petitioner's rights under Article 14 and 300-4 of the constitution of lndia and set aside the same consequently. a) Direct the respondent Nos.4 and 5 to complete the demarcation and sub-division of the land total admeasuring Ac.O.33 Gts., in Sy.No. 8211/EE of Jeedimetla Village, Quthbullapur Mandal, Medchal-Malkajgiri District, pursuant to the survey already conducted, in accordance with the CCLA Circular Orders as well as the relevant lnstructions/ Circulars issued by the Respondent No.2 herein, from time to time, within a time-bound manner , b) Direct the respondent Nos.4 and 5 to issue sub-division sketches and update the revenue records including Dharani or Bhu Bharathi Portal accordingly lA NO: 1 OF 2025 Petition under Section '15'l 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 forthwith complete the demarcation and sub-division of the land total admeasuring Ac.0.33 Gts., in Sy.No B2l1/EE of Jeedimetla Village, Quthbullapur Mandal, Medchal- Malkajgiri District, pursuant to the survey already conducted on 10.06.2024, by suspending the lmpugned Endorsement bearing Lr.No.8.1189712024, dated 28.11.2024, issued by Respondent No.4, pending disposal of the above writ petition Counsel for the Petitioner: SRI V. RAMAKRISHNA REDDY Counsel for Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY u/RIT PETITION No.13462 of2O25 ORDER: It is stated that the petitioner is the ow-ner and possessor of the land admeasuring Ac.0.33 guntas forming part of Sy.No.82/ 1/EE, situated at Jeedimetla Village, eutubullapur Mandal, Medchal-Malkajgiri District, having purchased the same through registered sale deeds bearing document Nos.15300, 15301, 15302 and 15299 of 2O22, dated 2O.O5.2O22;18880, i8862, 18889 and 18896 of 2022, dated 27.06.2022; 266t1 ot 2022, dated,

23.09.2023 and 30563 and 30564 of 2022, dated 1 t.t7.2O22. It is further stated that the vendors of tlre p3titioner have acquired the subject property through partition deed, dated 06.0T.20|5. It is further stated that when disputes arose between the petitioner and neighbouring pattadars, the vendors of the petitioner t'iled a suit for bare injunction uide O.S.No.107 of 2016 on the hle of the principal Junior Civil Judge, Medchal arrd the said Court granted ad. interim injunction in I.A.No.435 of 2016, dated 29.08.2O 16. However, pending the said suit, the petitioner had purchased schedule property. When third parties tried to disturb the boundaries, the petitioner was constrained to file a suit for declaratio n uide O.S.No.8O7 of 2022 on the hle of the II Additional District and 2 CVBR, J Wp 13462-2025 Sessions Judge-cum-l Additional Family Court, Medchal and the said suit is pending. It is further stated that the petitioner also made F-line application, dated 27.05.2024 seeking to conduct survey, demarcation and sub-division of the subject land and acting on the said application, respondent No.S issued notice, dated O1.06.2024, to conduct survey and demarcation on 07 .06.2024. Accordingly, survey was conducted on 07.06.2024 and 08.06.2024 and submitted a report, daled 10.06.2024. It is further stated that despite completion of the survey, no hnal demarcation or sub-division sketch was issued, as such the petitioners were constrained to file W.P.No.15310 ol 2024 before this Court and on the assurance of respondent No.4 to complete the demarcalion, the said writ petition was withdrawn. It is further stated that, respondent No.4 issued the impugned endorsement, dated 28. 11.2024 uide Lr.No.B/ 1897 12024, rejecting the application for demarcation of the subject land on the ground that no sub-division records are prepared. Hence, this writ petition.

2. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Court vide order dated 23.O8.2022 in W.P.No.32785 of 2022 and the relevant portion of the said order is extracted hereunder: 3 CVBR, J Wp_13462_2025 "8. The Commbsioner, Surueg, SetLlements and. land Record.s, Hgderabad, hns issued uarious circulars from time to time in corntection with cnnductirq of surueg, d.emarcations and sab-dtuision of land and surueg numbers and also disposal of F_line petitions submitted. bV te parties cottcemed seeking s.urueg and. sub-diutsion. The said circulars utere issued keeping in uiew the Board Standing Orders-34A para 20(a) of the Board Standing Orders, which read.s as under:- "Applications from piuate parties to point out the boundaies of their felds in accordance u.tith the surueg record.s may be receiued bg the Taluk TahsiLd.ar. On receipt of ihe application with the deposit (prescibed fee), the Tahsitdai should finaard it to the Suruegor-Firka Deputg Suruegor uho shaukl, dunig his uisit to the utllage, complg with the request. The Suruegir-Firka DeputA Suruegor slauld- arter pointing out the reqtirecl boundary to th.e ry_ot, obtatn his signature to that elfect in the appticaion and stwuld. himself (tuite) thereon that the bound"ary utas pointed out bg him in accordance uith the mectsurements noted in the swteg records.' Paragraph No.6 (b) of the RcNo.N2/1741/2010, dated

18.05.2010 Circular reads as under:- "Fline petttions/ demarcation petitions recetued in respect of porti.ons of surueg fields tn agiatltural lands should be conuerted bg Tahsildars ad applications for subdiuiston on pagment of balance fee pagable, i,f ang and subdiuision slauld be done in accord.ance uith BSO 34-A para 13 and. in respect of Telangana. disrncts in accordance uith CSSIR circular Rc. No. N 1 / 1 4O8/ 07 dt. 1 3.07. 2007.' 9. Thereafrer, another Circular in Rc.No.N 1/ 4296/ 2012 dated. 22.08.2012 taas issued dulg issuing furtter insttuctions qnd gutdelines for demarcation and surueg of tlre sub-dtvision surueg rutmbers and instruction 1Vos.I to 6 of the said Ciranlar read as under:- "1. Euery F-Line Demarcation application must be submitted_ to tle concerned TaLtsildar/ F-Seua./ Mee-Seua. 2. Euery F-LitLe Demarcation application must be regbtered. and such registered applications must be attended. in seriatum l 1 CVBR, J wp 13462_2025 onlg and ualid. reasons for ang deuiation b the se.iatum stauld be recorded. 3. (a) Euery F-Line demarcntion application shall be accompanied bg a Xerox copA of pattadar passbook or a copg of tl.f latest adangal/ pahani (b) Demarcation application uithout such supportiue or euidenttal document may be rejected 4. If the applicant submits a self suom alfidauit dedaing Ns rights/ reputed outnership c possessdon along witll tlle demarcation petition, the concemcd Tahsidar mag take an appropiate decision af.er thorough verifcation of records eittLer to fonuard ttle same to the SurueVor or reject. 5. (a) Mandal Suruegor/ Derytg Suruegor sl,a,ll senE noticcs to (1) Applicant (2) Adjacent Lond hoders uithin tfLe surueg number and ad.j oining sur u eg numb er s (3) Village Reuenue Olficer (4) If the adjacent land belongs to local bodg/ Gouemment, notices shall be serued on the ancerned authoitg (b) Prior to issue of notices or ajter issuing the notices, i.f ang written objections of the adjacent land lnlders are receiued, d.emarcetion cannot be denied unless it is a legallg ualid. objection aruT opproued bg the Talsildar. (c) In general, ajl.er issuirry the notices if ang adjacent land hDlder absent for demarcation, naturallg d,emarcation uill be postponed. /n such coses, notices to be i.ss]4ed to all the concerned. conseque.ntlg two times and if any of the.m is absent for demarcatton euen afier receipt of the notices, a final notice shall be bsued intimating them that the demarcation will be done on the date mentioned in the fnal notice "even in tteir absene", os due opporlunitV was giuen. r-\ 5 CVB& J Wp-13462 2025

6. If the demarcation application is for a part of undiuided field such application mag be converted into patta sub-diuision application ond necessary statutory procedure to be follou.ted for it bV taktng application from oppticant."

10. From a perusal of the aboue referred Ctrculars, tt is clear that as and when F-line petttions for d.emqrcation/ sub-diuision qre recetued tn respect of portions oJ suruey numbers tn agicwltural land, theg are required to be conuerted as applications for sub-diuision bg the Tahstldars on paAment of balance fee paAable, if ang and sub- diuision shall be done in respect of ttle Telangana Dtsticts in accordance uith Ciranlar in Rc.No.Nl/ 1408/07, dated 13.07.2007, issued by the Commtssioner of Surueg, Settlement and Land Records. At this stage, it utould be necessary to make note oJ some of the insttuctions issued in the satd Circular dated 13.07-2007 tuhich qre exlracted hereund"er: .5. Thereafier, th.e Mandal Suruegor uill proceed for sub- division qnd prepare the sub dtuision record.. The sub-diuiston shall be done in accordance wtth the description of properTg sale deed in case of sales, partition deed in case of partition, mutuol ogreement in case of succession etc. Hotleuer, the sub-division will be done ontg subject to the actual possession on ground tattging uith the documents mentioned aboue prouided thet the Transferees name fnds place in th.e Revenue accounts through proper mutation.

6. After preparation of the SDR, the Mandal Suruegor shall submit it to the Talsildar wflo will uerifg uhether it confi.rms to the documents and uhether record.s are signed bA a the concemed parties. Thereafr.er, Tahsildar shouW send the record to Asslstanl Director, Surueg and Land Records Department usith a proposal for sanctton of Phodi.

7. Upon receipt of this proposal, the Assistant Dtrector shall scrutinize the record.s and take further action for preparation and issue of suppLementary sethtDar and for incorporation of changes, tf ang." 1 1. The Aranlar instructions tssued bg the Commissioter are uery clear and absolutelA there is no ambiguiv and. the obligation th.at is cast upon tle respondent-Tahsildar i.s utBquiuocal and. lence, any I I l 6 CVB&J Wp_13462_2025 action on the part of the respondents to refuse to conduct strveA and. demarcation or sub-diuision of the part surueg numbers purslant to the request made bg the persons concerned bg submitting F-Line petitions is totallg impermissible and illegal. It is onlA to auoid such ambiguous situation, the aboue refered circulars tuere issued categoicallg stating that it is the obligation on the part of the respondent-Tahsildar to take up such applications as and uthen the applications are receiued for surveg and demarcation of parT surueg numbers and to complete the suruey bg dulg allecting the reEtired Jees-

3. This Court on consideration of the said Circulars, disposed of the said writ pt-'tition with certain directions. In the light of the said decision, as the case of the petitioner herein is similar to above referred cases and to maintain parity, the writ petition is disposed of with similar direction.

4. For the aJoresaid reasons, this Writ Petition is disposed of granting liberty to the petitioner to submit FJine application with the respondent No.4 with a specilic request to conduct sub-division survey. On receipt of the said application; i) Respondr:r-rt No.4 is directed to take up F-line application of the petitioner for conducting subdivision survey and demarcation by fixing boundaries of the land to an extent of Ac.0.33 guntas forming part of Sy.No.82/ 1/EE, situated at Jeedimetla Village, Qutubullapur Manda.l, Medchal-Malkaj giri District. i I To, \ 7 CVBR, J Wp-13462_202s ii) In case, if respondent No.4 is of the view that sub-division numbers is required to be done and arry further fee is required to be paid by the petitioner in terms ol the Circulars referred above, the same shall be intimated to ihe petitioner and on receipt of such intimation, the petitioner shall pay such fee as may be required by respondcnt No.4. iii) On such payment of fee by the petitioner, respondent No.4 shall take further steps for takilg up the survey as requested by the petitioner ald conclude the same in accordance with law; iv) The entire exercise, as dirccted above, shall be completed within a period of forty five (45) working days from the date of receipt of F-Line Application. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. SD/. P, PADMANABHA REDDY DEPUTY REGISTRAR / //TRUE COPY// SE CTION OFFICER 'l . The Principal Secretary, Revenue Department, State of Telangana 2. The Chief Commissioner of Land Administration (CCLA), Nampally Station Secretariat, Hyderabad. Road, Hyderabad. Mandal.

3. The District Collector, Medchal-Malkajgiri District At Anthaipally, Shameerpet

4. The Tahsildar, Quthbullapur Mandal, Medchal-Malkajgiri District. 5. The Mandal Surveyor, Quthbullapur Mandal, Medchal-Malkajgiri District. 6. One CC to Sri V Ramakrishna Reddy Advocate [OPUC] 7. Two CCs to GP For Revenue ,High Court for the State of Telangana. [OUTI 8. Two CD Copies MBC GJP \y HIGH COURT DATED: 2910412025 or -f E( 4 .9 .\ \rS \) o 4t ORDER WP.No.13462 ot 2025 L o1 a :!) G \.i,,\. .1, \ ''t_-;i1;1 il+ DISPOSING OF THE WRIT PETITION WITHOUT COSTS o +y, d.\#