Smt. 4wari _Siva Nagendramma v. 1. The State of Telengana

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 order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondent in rejecting the application vide F-line application No. DER022401102227 of the petitioner dated 17-10-2024 to conduct survey of the land Plot No. 277in Survey No. 17l1/AA and 15/A Admeasuring 300 Sq. Yards in Piglipur Village, Abdullapurmet Mandal, Hayathnagar, Ranga Reddy District by rejection order dated 23-12-2024 without even assigning any proper reasons as illegal, arbitrary, contrary to the provisions of survey and Boundaries Act and Rules and also violation of Fundamental Rights under the constitution of India and consequenfly direct the 6th "guaranteed respondent to conduct survey and fix boumlaries to the above said petitioner's plot No. 277in survey No. 1711lAA and 15/A Admeasuring 300 Sq.yards in piglipur Village, Abdullapurmet l\,4andal, Hyathnagar, Ranga Reddy District forthwith. IA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased direct the 6th respondent to conduct survey and fix boundaries to the petitioner's plot no. 277in Survey No. '1 7/1/AA and 15/A Admeasuring 300 Sq. yards in pigripur Village, Abdullapurmet tMandal, Hayathnagar, Ranga Reddy District pending disposal of the above writ petition. Counsel for the Petitioner : SRl. l9l RAMAKANTH Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY trIRIT PETITION No.139 7L of 2o25 ORDER This writ petition is filed praying this Court to declare the action of the respondent authori[ies in not considering the F_ Line appiication, dated lZ.lO.2024 submitted by the petitioner to conduct the survey and demarcation of the plot No.277 admeasuring 30O square yards in Sy.Nos. 17 / I / AA and situated at Piglipur Village, Abdullapurmet Mandal, rs /A, Ranga Reddy District and rejeited the same uide order 23.12.2024 without assigning any reasons as illegal, arbitrary and contrary to the provisions of the Telangana Survey and Boundaries Act, 1923 and the Rules made thereunder and consequently, prayed for other appropriate reliefs.

2. The petitioner claims to be the owner and possessor of plot No.277 admeasuring 3OO square yards in Sy.Nos. IT / t /AA and 15/A, situated at piglipur Village, Abdullapurmet Mandal, Ranga Reddy District, having purchascd thc same through registered sale deed, dated O7.10.19g5. It is further stated that when the neighbouring land owners have disturbed the boundary stones, the petitioner was constrained to make F.[ine apnlication, dated 2 CVBR. J Wp Ii97l 2015 1 \- - 17 .7O.2O24 to conduct survey and demarcation of the subject land, which was rejected by the respondent authorities without assigning any reasons. Hence, this writ petition'

3. A careful examination of the sale deed, dated 07 10' 1985 reveals that the petitioner has purch4sed open plot located in Sy.Nos.17/ 1/AA and 15/A. It is not the case of lhe petitioner that the property purchased by her is agricultural land and that she paid stamp duty or registration fees on acre basis The schedule of property in the sale deed establishes tl'ra t the nature of the property is an open plot, admeasuring 300 square yards' It is settled 1aw 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 131,7 Fasli), the Telangana Surwev a nd Boundaries Act, 1923, and the Rules framed thereunder' The Government has issued various circulars specifying the <:onditions for conducting surveys, particularly F-Line (field measuremcnt) 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 hxation may be conducted. The Commissioner, Survey, Settlements, and 3 CVBR, J wp 13971 2025 Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars lrom time to time vide Rc.No.N1/6543/99, dated 25.O7.2OO1, Rc.No.Nl/ 14O8/O7, dated

13.07.2OO7, and Rc.No.N2/ 174ll2OlO, dated 18.05.201O stipulating the conditions for conducting survey of private lands. The said \ Circulars outline that only agricultural lands are eligible for f survey by the Survey Department. In contrast, individuals owning plots within approved layouts, municipalities, Gram Panchayats, or Municipal Corporations are required to engage Licensed Surveyors apfointed by the Government for such surveys, as these lands are no longer considered agricultural. In the instant case, the petitioner's land is clearly identified as open plot but not agricultural land. Since the petitioner's property is not an agricultural land, the Survey Department has no junsdiction to conduct F-Line Survey as per the Circulars issued by the Commissioner, Survey, Settlements, and Land Records, as such, the respondent authorities have rightly rejected the said application. However, the petitioner is at liberry to take the services of licensed surveyor for conducting the survey of her property i.e, open plot, if she is so advised. \ .IffiFl' ! r .rn,** 4 CVBR, J wp 13971 2025 - 4 . With the above direction, this Writ Petition is disposed of There shall be no order as to costs As a sequel, the miscellaneous petitions pending, if any' shall stand closed //TRUE COPY// SD/.S. MALLIKARJU NA RAO ASSISTANT REGISTRAR secrr$ffrrrcen / To, of Telengana 1 . The Principal Secretary (Reyenue Dept )' Secretariat' Hyderabad ' 2. The Commissioner, Suryey and Land Records' Hyderabad' Telangana State 3. The District Collector, Ranga Reddy District, Ranga Reddy, Telangana 4. The Assistant Director, Survey and Land Records, Ranga Reddy, Ranga The State ReddY District. Telangana

5.TheRevenueDivisionalofficer,RangaReddyDivisionandDistrict.

6.TheTahsildar,AbdullapurmetMandal'RangaReddyDistrict- 7. One CC to SRl. tvl RAMAKANTH Advocate [OPUC] B. Two CCs to GP FOR REVENUE 'High Court for the State of Telangana'

9. Two CD CoPies o DD GJ HIGH COURT DATED:0210512025 ORDER WP.No.13971 of 2025 1 ...' 10 .J 14 q E P 26 3 a -t DISPOSING THE WRIT PETITION WITHOUT COSTS 6{