High Court · 2025

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 one in the nature or writ of Mandamus to declare the inaction of the Respondent no. 3 for not implementing the order given in the Writ petition bearing no. 11315 ot 2023 on dated. 21-04-2023 which directed the respondent to conduct the survey of petitioner land, thus direct the respondent to conduct the survey and demarcation of his land in Sy. No. 46/82 admeasuring Ac.0-11 gts., and Sy. No.461/C admeasuring Ac. 0-33 gts., totally admeasuring Ac. 1-04 gts., situated at Konderu Village, ltikyal l\rlandal, Jogulamba Gadwal District pursuant to the online applications no. AOD02'1800012793 dated '1 6-05-20'1 8, no. DER0221 00605776, dated. 1 6-02-2O21 and SER022300923008 dated 17 -04-2023 is highly illegal, Arbitrary, contrary to the settled principles of law and also violative to the Article 14, 2'l of the constitution of lndia and consequently direct the respondent no. 3 to conduct the survey and demarcate the land in Sy. .l gts., and Sy. No. 461/C admeasuring Ac. 0-33 No. 46/82 admeasuring Ac. 0-1 gts., totally admeasuring Ac. 1-04 gts., situated at Konderu Village, ltikyal Mandal, Jogulamba Gadwal District lA 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 to direct the respondent no. 3 & 4 to conduct the survey and demarcate the land in Sy. No. 46/82 admeasuring Ac. 0-11 gts., and Sy. No. 461/C admeasuring Ac. 0-33 gts., totally admeasuring Ac. 1-04 gts., situated at Konderu Village, ltikyal tvlandal, Jogulamba Gadwal district pending disposal of the writ petition Counsel for the Petitioner: SRl. V DURGA NAGESWARA RAO Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14EE6 of2()25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "---.to issue an appropiate u-tit, order or direction more one tn tLrc nature or utrit of Mandamus to declare the inaction of the Respondent no.3 for not implementing the order giuen in the Writ petition beaing no.11315 of 2O23, dated 21.04.2023 uthich directed the respondent to conduct the suruey of mg land thus direct the respondent to conduct tLLe surueA and demarcation of my land in Sg.No.46/ 82, admeasuing Ac.O.ll gts and. Sy.No.461/ C admeasuing Ac.O.33 gts, totally admeasuring Ac.1.O4 gts situated at Kond.eru Village, Itikyal Manda| Jogulamba C,adtual District pursuant to the gnline applications no.AODO218O0O12793, dated 16.05.2018, 16.02.2021 and no.DERO221OO605776, dated no.SERO223OO923OO8 doted 77.04.2O23 rs highlg illegal, Arbitrary, cantrary to the settled pinciples of lau-t and aLso uiolatiue to the Articles 14, 21 of the constitution of India and consequentlg direct the respondent no.3 to conduct tLE surueA and demarcate the lond in Sg.No.46/82 admeasunng Ac.O.11 gts and Sg.No.461/ C admeo.suing Ac.O.33 gts, totaltg admea.suing Ac.1.O4 gts situated at Konderu Village, Itikgal MandaL, Jogvlamba GaduLal Di.strict and pass....."

2. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner is the absolute owner and possessor of the land to an extent of Ac.O. 11 guntas in Sy.No.461/82, situated at konderu Village, Itikyal Mandal, I \ n 2 Jogulamba Gadwal District, having purchased the same through registered sale deed bearing document No.3O96 of 2018, dated O6.O2.2Ola. Later on, the petitioner also purchased a land to an extent of Ac.0.33 guntas in Sy.No.461/C, situated at the very same viliage through a registered sale deed bearing document No.526 of 2Ol7, dated, 23.02.2017. The revenue authorities also issued pattadar passbooks and title deeds in his favour under the provisions of the Teiangana Rights in Land ald Pattadar Passbooks Act, 2O2O. It is further stated that some of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner has submitted applications for Appeals on Demarcation, dated 16.05.2018 and 22.04.2024 and F-Line applications dated 16.02.2021 ar-d 17.O4.2023 to respondent No.3, by paying requisite fee for conducting survey ofthe subject Iand and fix the boundaries.

4. It is further stated that when the qaid applications have not been considered, the petitioner was constrained to file W.P.No. 11315 of 2023 before this Court and this Court, uide order, dated 2l .O4.2023, directed respondent No.3 to conduct survey and fix the boundaries for the subject land. But respondent No.3 has not obeyed the Court order. Thereafter, the petitioner hled Contempt Case No.2172 of 2a23, rvhich was also closed. The grievance of the petitioner is that even after receiving the said 7 J applications and Court orders, the respondent authorities are not conducting survey and fix the boundaries' Hence, the present writ petition. Learned counsel for the petitioner submitted that in terms of

6. the circulars issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the applications within 45 days from the date of the application after collecting necessary charges. The petitioner is also ready to bear the necessary expenses for Iixation of Kaddi stones subject to the survey being conducted by the Tahsildar'

6. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that if the petitioner hles fresh F-Line application and the said application complies with all the requirements of the circular instructions issued by the Commissioner, Survey, Settlements and La'nd Records uide Rc.No.N 1 /6543/ 99, dated 25.O7'2OO l, Rc'No'N 1 / l4O8 / 07' dated and Rc.No.N2l174ll2OlO, dated 18'05'2010' the authorities will consider the same and pass

13.o7.2007, respondent appropriate orders In view of the above submissions, this Court deems it 6. appropriate to dispose of the writ petition permitting the petitioner to make a fresh F-Line application, duly enclosing the documents ( I I ,---l \ -i 4 and land particulars, which are necessary for conducting survey and in the event of such an application being submitted by the petitioner and if the petitioner fulhls all the requirements mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, respondent authorities shall conduct the survey as expeditiously as possible, within a period of eight (8) weeks from the date of receipt of the application.

7. With the above observations, this Writ Petition is disposed of. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- M. NAGAMANI ASSISTANT REGISTRAR I -t -- SECTION OFFICER The Principal Secretary, Revenue Department Secretariat, Hyderabad. The District Collector, Jogulamba Gadwal District. The Tahsildar, ltikyal [Vlandal, Jogulamba Gadwal District. One CC to SRl. V DURGA NAGESWARA RAO Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana tOUI Two CD Copies To, 1 2 a 4 5 6 KKS GJP HIGH COURT DATED:1010Ot2025 ( ORDER WP.No.14886 of 2O2S liiE s tA 2 E JIJN 2025 I s() () t.' DISPOSING THE WRIT PETITION WITHOUT COSTS