SRI P v. RAMANA

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 a Writ, Order or direction more in the nature of Mandamus declaring the action of the respondents in not conducting survey and fixing l, I r +r ..' l I ,l ,f boundaries to the lands of the petitioners in respect of 1st petitioner in Sy.No.42lA and 46t2AA to an extent of Ac'2.26' and land in Sy.No 38/AA/,1 and 40/AA/1 and 41tAAt1 to an extent of Ac.2.13 gts of the 2nd petitioner, and land in Sy,No-42/AA/3 , 43tAl3 and 46tAN2 to an extent of Ac.2.,13 gts in respect of 3'd petitioner and land to an extent of Ac.2 22 gts in Sy No 42NU,43NU and 46A/U in respect of 4th petitioner and land in Sy.No 42AlU, 43NU and 46/2A'lU to an extent of Ac.2.22 gts in respect of 5th petitioner and land in Sy.No.42AlU, and 46l2NlJ to an extent of Ac.2.1 3 gts in respect of 6th petitioner situated at Rachannagudem village of Mulakalapalli Mandal of Bhadridri Kothagudeminspite of submitting online F-Line applications on 22.1.2025 and issuing reminders dt.28.2.2025 to the District collector, and RDO and to the Tahsildar on 13.2025 as iilegal, arbitrary violates of Article 19, 21 and 300(A) of constitution of lndia and contrary to the provisions of l survey and Boundaries Act and consequently direct the respondents to forthwith conduct the survey and fix the boundaries to the said disposetheappealalongwithStayApplicationintheinterestsofjustice IANO: 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 issue an interim direction directing the respondents to forthwith conduct survey and fix the boundaries in pursuance to the survey and Boundaries Act to the lands of the petitioners in respect of 1st petitioner in sy.No.42lA and 4612AA to an extent of Ac.2.26, and land in Sy.No.3B/AAl1 and 4OlAAll and 41lAAl1 to an extent of Ac.2.13 gts of the 2nd petitioner, and land in Sy.No.42lAAJ3, 43/4/3 and 46lAAl2 to an extent oI Ac.2.13 gts tn respect of 3rd petitioner and land to an extent of Ac.2.22 gts in sy.No.42AlU, 434/U and 46A/U in respect of 4th petitioner and land in sy.No.42AlU,43NU and 46t2NU to an extent ol Ac.2.22 gts in respect of 5th petitioner and land in sy.No.42AlU, and 46l2NU to an extent of Ac.2.13 gts in respect of 6th petitioner situated at Rachannagudem Village of Mulakalapalli Mandal of Bhadridri Kothagudem pending disposal of the above writ Petition. Counsel for the Petitioners: SRI P. V. RAMANA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.137O6 of2O25 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit it is prayed that this Honorable Court be Pleased to issue a Writ, Order or directi6n more in the nature of Mandamus declaring the action of the respondents in not conducting survey and fixing boundaries to the lands of the petitioners in respect of lst petitioner in Sy.No.42/A arrd 46/2AA to an extent of Ac'2'26' and land in Sv No 38/AA/1 and 4OlA ll and 41/AA/I to an extent of Ac'2'13 gts of the 2nd petitioner' and land in Sy.No.a2lAA/3, 43lAl3 and 46lAAt2 to an extent of Ac 2'13 gts in respect of 3'd petitioner and land to an extent of Ac 2'22 gts in Sy No'42/VU' 43/VU and 46/VU in respect of 4m petitioner and land in Sy No'42/VU' 43/VU and 46l2lvu to an extent of Ac.2.22 gLs in respect of sth petitioner and larrd in Sy'No 42/VU ' and 46l2lYU to an extent of Ac.2 13 gts in respect of 61h petitioner situated at Rachannagudem Vrllage of Mulakatapallim Mandal of Bhadridri Kothagudem inspite of submitting online F-Line applications on 22.1.2025 and issuing reminders dt'za 2 2025 to the District Collector, and RDO and to the Tahsildar on 1 3 2025 as illegal' arbitrary violates of Articte 19, 21 and 3OO(A) of Constitution of India and contrary to the provisions of Survey and Boundaries Act and consequently direct the respondents to forthwith conduct the survey and fix the boundaries to the said dispose the appeal along with Stay Application in the interests of justice and to pass such other order or orders as this Hon'bte High Court may deem fit and proper in the circumstances of the case " IN

2. It is stated that petitioners are the owners and pattadars of land Survey Nos.42/A and 46/2AA admeasuring Acs. 2.26 guntas (lst Petitioner), Acs. 2.13 guntas in Survey Nos'38/AA/ l ' 40 I AAI I and 4llAAtl (2nd petitioner), Acs. 2'13 guntas in Survey Nos 42/AA/3 ' 43/Al3 and,46lAA/2 (3'd petitionerl, Acs' 2'22 guntas in Survey Nos'42/VU' 43lVU arrd 46lVtJ (4th petitionerl, Acs. 2 '22 guntas in Survey Nos 42/VU' 43/vU aod 46l2lYU (Str petitioner) and Acs' 2'13 guntas in Survey Nos'42/VU and 4612/VU (6tn petitioner), situated at Rachannagudem Village of I 2 CVBR, J W.P.No.137O6 of 2O25 Mulakalapallim Mandal of Bhadridri Kothagudem District and new pattadar passbooks were issued to the petitioners under the provisions of the Telangana Rights in Land and pattadar passbooks .Act, 2o2o. It is further stated that the petitioners have submitt6d f-line applications bearing TTDER Nos.0225O1131480 &, O22SOIt3t4a2 (1"t petitioner), TTDER Nos.0225O1131460 & O22SO113t48S (2"a petitioner), T'IDER Nos.0225O113t462 & 022501131469 (3.a petitioner), TTDER Nos.0225O1131490 & O22SO1\3t495 (4,h petitioner), TTDER Nos.022501131453 & O225O7131502 (S,h petitioner) and TTDER Nos.0225o1131473 & o22sot 13176 (6rh petitioner) dated 21.o1.2025 to rhe respondents by paying requisite fee to conduct survey of the subject lands and frx the boundaries. The grievance of the petitioners is that even after receiving the said F-Line applicatiors, the respondent authorities are not conducting survey and fixation of the boundaries.

3. Considered the submissions of the Iearned counsel for the petitioners and learned Assistant Government preader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage. 4- Learnecl counser for the petitioners has submitted t-hat in terms of the circulars 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 necessary charges. J CVBR, J W.P.No.13706 of 2O25

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line applications submitted by the petitioners by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries'

6.ItissettledlawthattheSurveyDepartmenthastheauthorityto conduct survey and demarcate lands in accordance wit} the provisions of theTelanganaLandRevenueAct,l3lTFasli(ActNo.VIIIof1317Fasli),the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particutarly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulhlled, the survey and boundary fxation 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 timevideRc.No.Nl/6543/99dated25.o7.2ool,Rc.No.N1/1408/07dated |g.o7.2oo7andRc.No.N2l:r74tl2olodated18.o5.2Ol0stipulatingthe conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulltls all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specifred in the said circulars 4 CVBR, J W.P.No.137O6 of 2025

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents to examine the petitioners' F-Line applications uide TTDER, Nos.O22501 1314g0 & O225O | 1 31 482 ( 1 "t Petitioner), TTDER Nos.02250 1 I 3 1460 & O22SO I 13 1485 (2"4 petitioner), TTDER Nos.O225Ol 13t462 & O22SOl 131469 (3.d petitioner), TTDER Nos.022501131490 & 022501131495 (4ft petitioner), TTDER Nos.0225O1131453 & 02250113i502 (5,h petitioner) and TTDER Nos.O22501731473 e O225O113176 (6tlr petitioner) dated 2t.Ol.2O2S submitted for conducting suwey and demarcation by hxing boundary stones to the petitioners' land admeasuring Acs. 2.26 guntas in Survey Nos.42/A and 46/2AA (1st Petitioner), Acs. 2.13 guntas in Survey Nos.3S/AA/1, 40 I AA/ I and 4\ I AAI I (2',d petitioner), Acs. 2.13 guntas in Survey Nos.42lAA/3, 43lAl3 and a6lAA/2 (3.d petitionerl, Acs. 2.22 gunras in Survey Nos.42lVU, 43/VU and 46/YU (4u peritionerl, Acs. 2.22 guntas in Survey Nos.42lVU, 43lVU and 4612/YtJ (56 petitioner) and Acs. 2.13 guntas in Survey Nos.42/VU and 4612/VU (6s petitioner), situated at Rachannagudem Village of Mulakalapallim Mandal of Bhadridri Kothagudem District and if the petitioners fulfil all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondents shall conduct survey of the aforesaid land, within a period of eight (0g) weeks from the date of receipt of a copy of this order. / / / 5 CVBR, J W.P.No.137O6 of 2O25

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// ,3r11-'V??oo,!'#1h ,1. sEcTroygFFrcER \ To, TJ SS

2. J. 4. 5. o_ The Principal Secretary to Government Revenue Department, Dr. B.R.AmbedkarTelangana Secretariat, The State of Telangana, Hyderabad. The District Collector, Bhadradri Kothagudem District At Kothagudem. The Tahsildar, Mulakalapalli Mansdal, Bhadradri Kothagudem. One CC to Sri P. V, Ramana, Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies h, F I HIGH COURT DATED:3010412025 ORDER WP.No.13706 of 2025 r $$\ s ,.( ; t -'- t .t, DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?r \4