✦ High Court of India · 02 May 2025

Paoilla Kotamma. W/o: Saidaiah' Aged about 51 Years v. l.ThestateofTelangana

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,133 words

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 or order or Direction more particularly one in thenatureofWRIToFMANDAMUSdeclaringtheactionoftheRespondentsnot conducting the survey and not demarcating the Petitioner's lands and not fixing the boundariesinSurveyNo.6T3/,44,admeasuringAc'2-21guntas'situatedat YacharamVillage,AnumulaMandal,NalgondaDistrict,inspiteofreceivingthe Application vide No.DERO225}1129892 dated 18.01.2025 is illegal, arbitrary in violation of principles of natural justice and in violation of Articles ''14 and 21 of lhe Constitution of lndia and also against the equity and consequently direct {he Respondents to conduct the survey and demarcate the Petitioner's lands by fixing the boundaries in Survey No.679iAA, admeasuring Ac 2-21 guntas' situated at Yacharam Vill,:ge Anumura N/andar, Nargonda District, b1, r:onsidering the Application vider No trtr_RO22SO1129892 dated 1BtOlt2O2S lA NO: 1 OF 2025 Petition urdrlr section 15'l cpc praying that in the r;irr;u rnsra nces stated in the affidavit filerJ in s roport of the petition, the High court nray, br: pleased to direct the Responde ts i( r consider the online Application of th e petitioner Appl.No.DER02?.5c)1 1?-g}g2 dated 1g.01 .2025 and conduct il-e survey demarcate the Petiti )ler's rands by fixing the boundaries in sun,ey No.679/AA, admeasuring A:.2-.1 guntas, situated at yacharam Vilerge .Anumura Mandar, Nalgonda Distrir;l pr-' rding disposal of the Writ petition. Counsel for the Petitioner: SRI M A HAROON AMJAD Counsel for the Reslrondents: AGp FOR REVENUE The Court made the ,bllowing: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14246 of20.25 ORDER: This writ petition is filed declaring the action of the respondents in not considering the application vide No.DtrR022501129892, dated 18.01.2025 submitred by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.2.2l guntas in Sy.No.679/AA situated at Yacharam Village, Anumula Mandal, Nalgonda District, as illegal, arbitrary and violative of Article s 14 and 2 1 of the Constituti,on of India and for other appropriate reliefs.

2. It is stated that the petitioncr is the owner and possessor of land to an extent of Ac.2.21 guntas in Sy.No.679/AA situated at Yacharam Village, Anumula Mandal, Nalgonda District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T28O20090393, uide Khata No.596 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that the petitioner had submitted F Line application vide No. DER0255O 1129892, dated La.Ol.2025 to respondent Nos.4 and 5, by paying requisite fee to conduct survey of the subject land 2 and fix rl:,: lr I L_utdaries. The grievance of the pe tirron,__r s that even after re,:r:i', i:q the said F Line application, t[() respondent authoriti,:s 1rc not conducting survey an<l :lxrtti rn of the bou nda r it ;

3. Ccnsi, l,:r.ed the submissions of the learne d t.our sel for the pctitioner a:rrt learned Assistant Government plca<i:r [r,r Revenue appearinll f ;r the responden[s and with their con s:n . thrs writ petition i: rl;:;.r,:rsed of at the admission stage.

4. Lee;-nt,,J counsel for the petitioner has subrn.l_tr d that in terms of rl.c circular issued by the Comrn. ssii)r lcr , Survey, Setliemer ls r:d Land Records, the responden s 1tlt bound to consider thc apprication within 45 days from thr da te of the application ai l,: - collecting necessary charges.

5. Sri l_ Fl,t rrnder, learned Assistant Governntet.tt pl:ader lor Revenue irpp,,:i,r.ing for the respondents has sutrmirt,_.d that the respondent it t[horities will 'consider the atbrr.s:.ic F-Line applicatiotr sr L rritted by the petitioner by followinq riu,: p rocedure laid down rr. rc t:r law and conduct survey ani de nr:rr cate [he subject lar <i L ,.. f ixing boundaries.

6. it is slt .lecl law that the Survey Depar:mr n I has the authority t.) c,.),l,Jrict survey and demarcate lands tI.) rrcr ordance J 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 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 hxation 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' Nrl6543lgg, dated 25.O7'2OOl, Rc No Nl/ AOaloT' dated 13.O7.2OO7, and Rc.No'N2/ 1741l2OlO' dated 18'05'2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulf-lls al1 the conditionsofthesaidcircular,itisanobligationforthe respondents to conduct survey within the time specihed in the said circulars. T.Inviewoftheaforesaiddiscussion,thisCourtdeemsit appropriate to dispose of this writ petition directing respondent Nos.3to5toconsiderexaminethepetitioner,sF.Lineapplication uide No.DERO 255o1l2gag2' dated la'Ol'2025' in accordance with \ 4 the pror' ;, r rs of lhe Telangana Survey and Bourrli-rir s Act, 1923 and alrO jr lerms of the circular instructions; ssred by the Commirsj.i -llr-, Survey, SettlementS and [,arr,1 I]ccords for conduc:L.L[t r;un,ey on field measurement atpl crtitr-rs (F-Line applica, rtr ri , f1'om time to time, within a peri6d ,:f fot rr (4) weeks from LL r: r'La tc of receipt of a copy of this orler if not already cotrduc -,:rl

8., \,\ r.'-r r tt: above observations, this Writ per.tro-r is Jisposcd o[ Therc sitall I r tro order as to costs

9. A ; I : r'quel, the miscellaneous petitions pc nclir rg, i[ any, shall sl,zrnd r l,-,sed. //TRUE COPY// []!Ei?ir,Tflll8iJf#E S A,\ SECTION OFFICER J To, The Prir crpirl Secretary,. Revenue Department' S"L"t''i't Bt ildings The l.t!sll,ll:'+lilff [**1]-?:tl'it#it:T,8,::?.' Il3 R[: ;;l:,. L'i7":l'fil%?,il,7l'ri,r"i.Gid,iJ Diisio n N a r s rr nr a District' pil : :: i: :T,, iI[ ii:{'i #ffi'"qfliil,ff ;l$lq#fr:sii 5ydg13;pi -t )UTl Two Ct) 3r. P es 1 2_ .1

4. 5 b 7 8 T J LS ct{F HIGH COLIRT DATED:02105i2025 ORDER WP.No.142.46 of 2025 .4--o\' '.1 E S,14 i (' 'J o o $':( 1l E tAY 2025 .i l \-- i or -I Cr, ,.o t DISPOSING OI: THE WRIT PETITION WITHOUT COSiTS {x

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