✦ High Court of India · 30 Apr 2025

Fr High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,490 words

THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO 13546 0F 2025 Between: 1 2 3 4 9orege Renuka, Wo Kumar Shanker, Aged about 43 years, Occ. house wife, R/o H.No. 1 -75, It/irjaguda, Janwada, Rangareddy, Telangana-500075. Kote Lokeshwari, W/o Kate Punesh Kumar, Aged about 42 years, Occ.house wife R/o H.No. 6-122, Mirjaguda, Janwada, Rangareddy, Telingana-500075. B .Ramesh, S/o Manikayrl Aged about 50 years, Occ. private Employee, R/o H.No.4-10, Shankarpalle, Ranga Reddy Dislrict, Telang ana-SO1ZO3. ' 9.Yrlqll l!ish1a, S/o G. Nagaiah, Aged about 46 years, Occ. Business, R/o H.No.1-6- 138, Raghavendra Colony, Tandur Mandit. Vikarabad, Telang'ana- 501141 . ...PETITIONERS AND 'l The State of Telangana Rep by its principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The Assistant Director, Survey and Land Records, Ranga Reddy Diskict. 3 The Defuty. lnspector of Sqrvey, Chevella Division, ShankBrpafle Mandal, Ranga Reddy District

4. The Mandal Surveyor, Shankarpalle Mandal, Ranga Reddy District. 5. The Tahsildar, Shankarpalle Mandal, Ranga Reddy District. 6. The Station House Officer, Mokhila potice Station, Shankarpalli Mandal, Ranga Reddy Dist. ...RESPONDENTS 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 grant an order, direction or writ, more so in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent Nos.2 to 4 in not conducting survey and demarcating the boundaries of land admeasuring to an extent of Ac.1-07 gts in Sy.No.243tAt3t2tZ and in Sy.No.243tAt3t2llt2 admeasuring Ac.0-20 gts each and Ac.0-07 gts in sy. No.2 43lAt3l2l1t1, situated at Janwada Village, shankarpalle Mandal, Ranga Reddy District in accordance with survey notices dated 08.04.202s. 27.03.202s. RC No.B/1 1g19t2024 dated 19.11.2024 and dated 28.10.2024 and RC No.B/4364i20.16 dated 06 i2.ZO17 issued by the Respondent No.3 and 4 as illegal, arbitrary, improper and in violation of Article 300A of the constitution of lndia and consequently direct the Respondent No.2 to 4 te conduct the survey and fix boundaries of the land to an extent of Ac.1-07 gts in in sy.No.243lA/3t2t2 and in sy.No.243lAt3t2l1rz admeasuring Ac.0-20 gls each and Ac 0-07 gts in sy.No.2 43tAt3tzt1lt, situated at Janwada Village, Shankarpalle Mandal, Ranga Reddy District. IA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the circunlstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.6 to give police protection to the petrtioners in respecl of the land to an extent of Ac.1-07 gts in Sy. No .Z43tAt3t2t2 and rn Sy.No.243lAl3l2l112 admeasuring Ac.0-20 gts each and Ac.0_07 gts in Sy.No.243lA/3 l2l1/1, situated at Janwada Village, Shankarpalle Mandat, Ranga Reddy Distric!. lA NO: 2 OF 2025 Petition under Section 15i cpc praying that in the circumstances stated rn the affidavit filed in support of the petition, the High court may be pleased to direct tfte Respondent Nos.2 to 4 to conduct survey and demarcate the land to an extent of Ac.1-07 gts in sy.No.243tAl3t2t2 and in sy.No.243tAt3t2t112 admeasuring Ac.0-20 gts each and Ac.0-07 gts in sy. No.2 43tAl3lzt1t1 situated at Janwada village, shaniarpalle Mandal, Ranga Reddy District in accordance with the in accordance with survey notices dated O2.O4.2O2S, 27.OZ2O2S, RC No.B11181912024 dated 19 11.2024 and dated 28 tO.2024 and RC No.Bl4364l2O16 dated 06.12.2017 issued by the Respondent No.3 and 4 by following the procedure established by law. Counsel for the Petitioner; M/s. KARRI GAYATRI Counsel forthe Respondents No.1 to 5: SRI L. RAVINDER, AGP FOR REVENUE Counsel forthe Respondent No.6: GP FOR HOME The Court made the following: ORDER I I r : Hr I r I F t tlI' { tI I I i I F : I 'l::*e:. ili; HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.13546 of2O2S ORDER: This writ petition is frled declaring the action of the respondent Nos.2 to 4 in not considering survey and demarcating the boundaries of the petitioners' land situated in Sy.No.243 and its sub-divisions situated at Janwada Village, Shankarpalle Mandal, Ranga Reddy District, as illegal, arbitrary and violative of the provisions of the Survey and Boundaries Act, 1923 and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioners are owners and possessors ol the various extents of the land in Sy.No.243 and its sub-divisions, situated at Janwada Village, Shankarpalie Mandal, Ranga Reddy District, having purchased the same through registered sale deeds. It is further stated that their names were recorded as pattadars in all the revenue records and they were issued pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O"J. It is further stated that when the neighbouring larrd owners have started disturbing the boundaries ofthe subject land and as such, they have submitted F-Line application to respondent No.5, by paying requisite fee to conduct survey of the subject land and hx the \..\- I I I 2 CVBR, J Wp_13546 2025 boundaries and acting on the said application notices have been issued. The grievance of the petitioners is that even a-fter issuing the survey notices, dated 08.O5.2025,27.O3.2O25, 19.11.2024 and 2a.IO.2024 the respondent authorities did not conduct the survey and demarcate the subject land.

3. Considered the submissions of the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage. 4 . l,earned counsel for the petitioners has submitted that 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 the date of the application after collecting necessa-ry charges.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed the F-Line application submitted by the petitioner and also the issuance of sursey noLices.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli L 3 CVBR, J Wp _13546 2025 (Act No. VIII ol 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 (field 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.N1/I4O8l07, dated 13.O7 .2OO7, and Rc.No.N2/ 174l l2OlO, dated 18.05.2010 stipulating the conditions for conducting survey of prrvate lands and as per the said circulars, if the petitioners fulfrl 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. 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent No.5 to conduct survey and demarcation by frxing boundary stones to the petitioner's land, in accordance with the provisions of the Telangana Survey and Boundaries Act, 1923 and also in terms of 4 CVBR, J Wp_13546J025 the circular instructions issued by the Commissioner, Survey, Settlements and Land Records for conducting survey on field measurement applications (F-Line applications), from time to time, within a period of four (4) weeks from the date of receipt of a copy of this order, if not already conducted.

8. With the above observations, this Writ Petition is disposed of There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed To, //TRUE COPY// SD/. P. PADMANABHA REDDY DEPUTYfiEGISTRAR I SECTION OFFICER Secretariat, Hyderabad. t J!9 elngipql,Secretary, Revenue Department, State of Tetangana, 2 The Assistant Director, survey and Land Records, Ranga Reddy District. 3 The Deluty lnspector of Survey, Chevella Division, Shankarpalle Mandal, Ranga Reddy District. 4 The Mandal Surveyor, Shankarpalle Mandal, Ranga Reddy District. 5 The Tahsildar, Shankarpalle Mandal, Ranga Reddy District 6. The station House officer, Mokhila police station,shankarpalli Mandal, Ranga Reddy Dist. 7 One CC to M/s. KARRT GAYATR|, Advocate tOpUCl 8. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. TOUTI 9 Two CCs to GP for Home, Hyderabad. [OUT] High Court for the State of Telangana at 10 Two CD Copies SS t HIGH COURT DATED:3010412025 '-'-. ,1..-.; \ ,-, i. A.,.v ,'trf' .s \ a:l ts\ ' , 1.r1r:\ -'_-_-4,---'-- -; ORDER WP.No.13546 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ I F F F i

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