✦ High Court of India · 01 May 2025

Kummari Anjaneyulu v. 1. The State of Telangana

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Bench
Not available
Length
1,626 words

Petition Under Section 'r 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondents No.3 to 6 herein to comprete survey and demarcate the lands by fixing the boundaries in pursuance of the F Line Apprication Nos.DER02240101 3040 Dt. 01.o2.2024 and apprication No.DER0225o1 164335 dated 21 .o4.2025 along with the representations dated 12.08.2024 submitted by the petitioners herein in respect of the petitioner's rand in Sy.No.3gg/EE/3, situated at Nandigama Viilage, patancheruvu Mandar, sanga Reddy District forthwith, pending disposal of the above writ petition. Counsel for the Petitioner : SRI KOppULA GOPAL Counsel forthe Respondent Nos.1 to 6 : Gp FOR REVENUE Counsel for the Respondent No.7 : - The Court made the following ORDER o HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. t3tr|5 0f 2025 ORDER: This writ petition is filed declaring th.e action of the respondents in not proceedings to complete the survey and demarcate the land by ftxing the boundaries in pursuance of the F- Line Application Nos.DERO22401O13040, dated O1.02.2024 and DER022501164335, dated 21.04.2025, in respect of the land admeasuring Ac.O.3925 guntas in Sy.No.398 lEtr l3, situated at Nandigama Viliage, Patancheruvu Mandal, Sanga Reddy District, inspite of issuance of survey notice, dated O1.O2.2O25 and O7.O4.2O25 as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14 and 3O0-A of the Constitution of India and consequently, prayed for other appropriate reliefs. lt is stated that the father of the petitioner, by name 2. Kummari Veeraiah is the pattadar and possessor of the agricultural land to an extent of Acs.4.02 guntas in Sy.No.398 situated at Nandigama Village, Patancheruvu Mandal, Sanga Reddy District, having acquired the same through registered sale deed bearing document No.7540 of 1985. It is further stated that the name of the petitioner's father was mutated in the revenue records and he was also issued pattadar passbook and title deed CVBR, J wp 13825 2025 bearing No.408625 uide Patta No.9O4 under the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 1971 (for short "the ROR Act, 1971"1 and the Rules made thereunder. It is further stated that out of the said land, the petitioner's father had sold away some extent of the land and after the death of his father, remaining land to extent of Ac.2.36 y2 guntas has been succeeded to the family members of the petitioner and they have sold Acs.2.O8 guntas land to third parties through registered sale deeds and balance extcnt of Ac.0.3925 guntas was recorded in the name of the petitioner and pattadar passbook uide patta No.770 was issued in favour of the petitioner under the provisions of the ROR Act, 1977. It is further stated that when the neighbouring land owners have started disturbing the boundaries of the subject land and as su<:h, the petitioner had submitted F.-Line applications, dated O1.02.2024 and 21.O4.2025 to respondent No.4, by paying requisite fec to boundaries and conduct survey ol the subject lancl and fix the acting on the said application notices, dated O1 .O2.2O25 and 07.O4.2O25 have been issued to conduct survey on 15.04.2025. The grievance of the petitioner is that iven aJter issuing the said notices, the respondent authorities did not conduct the survey and demarcate the subject land. CVBR, J wp 1382s 202s

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 6 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this *rit p.titio.r, issuance of notice to the unoff,rcial respondent is dispensed with.

4. Learned counsel for the petitioner 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 lrom the date of the application after collecting necessary 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 survey notices, dated 01.02.2025 and 07.O4.2025.

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 (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 4 CVI]R, J \\'p 13825 2025 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 fuihlled, 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.N1/6543/99, dated 25.O7.2oO1, Rc.No.Ni/ t4O8/07, dated 13.07.2OO7, and Rc.No.N2/ l74l/2OlO, dated i8.0S.2OlO stipulating the conditions for conducting survey of private lands and as per thc said circulars, if the petitioner fulfils 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 ol the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent to conduct survey ard demarcation by fixing boundary stones to the land to an extent of Ac.0.3925 guntas in Sy.No.398 lBDlg, situated at Nandigama Village, Patancheruvu Mandal, Sanga Reddy District, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections. The ) CVBR, J Wp_1382s_2025 entire exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

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. SD/.P. CH. NAGABHUSHAMBA DEPUry REGISTRAR //TRUE COPY// SECTION OFFICER To Reddy District. Reddy Diskict. tariat building, State of Telangana at Hyderabad. Reddy District at Sanga Reddy. 'l . The Principal Secretary, Revenue Department 2. The District Collector, Sanga Reddy District at Sanga Reddy. 3. The Revenue Divisional Officer, Sahga Reddy RevEnue Division Sanga 4. The Tahsildar, Patancheruvu Mandar, patancheruvu, Sanga Reddy District. 5. The Assistant Director, Survey and Land Records, Sanga"Reddy, S*;; - 6. The Deputy lnspector of Survey, Sanga Reddy Division, Sanga Reddy Sanga 7. The Secretary, Association of Lady Entrepreneur Of lndia, Smt Kamireddi Padmaja Prabhakar, Wo. K p. prabhakar, Aged about 6,l years, Occ. Not known, R:/o. Door No.8-2-12Ol\\tglN1g 1st F-loor, opp Lane ll, Thendset Towers, Road No. 2, Baniara Hills, Hyderabad. B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 9. One CC to SRI KOPPULA GOPAL, Advocate tOpUCl 10.Two CD Copies W Hyderabad. [OUTI SA BS HIGH COURT DATED:01 tOSt2O25 I ORDER WP.No.1382S of 2O2S Hr- SIA < J|, 2 B i:j'r zffi z .1r:,. I)..r1'r\ * DISPOSING OF THE W"P WITHOUT COSTS. t3 .oP('Ak

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