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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the Application for Appeals on Demarcation through vide No.AOD022500069981, dated. 11.03.2025 and non-conducting the survey and demarcation on the agriculture land of the Petitioner to an extent of land Ac.0.2870 Gts in Suruey No.52lEEl1l1, which is situated at Boduppal Village, Medipally Mandal, Medchal Malkajgiri District and non-initiating to fix the boundaries to the Petitioner land is illegal, arbitrary, unconstitutiona I and violation of Articles 14, 1 5, 21 and 300-4 of Constitution of lndia and also violation of Principles of Natural l I I I j I i I : i t I Justice and consequently direct the Respondent Nos.4 and 5 to consider the Online Application for Appeals on Demarcation through vide No.AOD022500069981, dated. 1 1.03.2025 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.O.2B7O Gts in Survey No.52lEEl1l1, which is situated at Boduppal Village, tvledipally Mandal, Medchal Malkajgiri District. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the crcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 4 and 5 to consider the Online Applr:ation for Appeals on Demarcation through vide NoAOD022500069981, dated 1'1 .03.2025 and to conduct the survey and demarcation and fix the boundaries to the agriculture land of the Petitioner to an extent of Ac.O 2870 Gts in Survey No 52lEEl1l1, which is situated at Boduppal Village, Medipally Mandal, Medchal Malkajgiri District pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondents : AGP FOR REVENUE The Court at the stage of admission made the following ORDER -i.&xaita. \ar?1*- {:ItrfiluF-r4r,ry.!,! t ,\r-! I i I I I i I t I I I I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.13899 of2o25 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.4 arld 5 in not considering the application for Appeals on Demarcation, dated 71.O3.2025 and not conducting the survey and demarcation on the agricultural land of the petitioner to an extent of land Ac.O.2870 gts., in Sy.No.S2/EE/ 1/ 1, situated at Boduppal Village, Medipally Mandal, Medchal Malkajgiri District and not initiating to fix the boundaries to the petitioner land, as illegal, arbitrary and violative of the Articles 14, 15, 21 and 300-A of the Constitution of India and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.O.287O gts., in Sy.No.52/EE/ 1/ 1, situated at Boduppal Village, Medipally Mandal, Medchal-Malkaigiri District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar 2 CVBR, J Wp_I3899 2025 .tl d{ and the revcnue authorities also issued e-pattadar pass book bearing No.T0611OO30145, Khata No.6O22Z under the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 2O2O. Il .s thc further case of the petitioner that clue to abnormal increase of thc land price, some of the neighbourrng land owners have started disturbing the boundaries of the subjr:ct land ancl as such, the pcl.rtioner had submitted application lbr appeals on demarcation uide No.AOD 022500069981, dated 11.O3.2025 to conduct the survcy and demarcation of the subject land and fix the bounclaries. 'lhe grievancc of the petitioner is that even after receiving lhe said application, the respondent authorities are not conducting survey and fixation of the houndaries.

4. Learnccl counsel for the petitioner has submitted that in terms o[ thc circular issued by the Commissioner, Survcy, Settlcments and Land Records, the respondents are bound to consider the application within 45 days from the date of the application aftcr collecting necessary charges.

5. Learned Assistant Government pleader for Revcnue appearing lor tJ're respondents has srrbmitted that the respondenL authorities will consider the aforesaid application submitted by the petitioner by lollowing due procedure laid down under law and 3 CVBR, J wp_l3899 2025 I I l conduct survey and demarcate the subject land by fixing boundaries

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, 13 17 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries AcL, 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 specihc 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 vide Rc.No.N1/6543/99, dated 25.07.2OO1, Rc.No.N1/ 14O8/07, dated

13.07.2OO7, and Rc.No.N2/ 1741/2OlO, dated i8.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfi1s 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. , I 4 CVBR, J wp 13899_2025 7, In view of the aforesaid discussion, this Court deems it appropriate to dispose ol this writ petition directin'3 respondents Nos.4 and 5 to examine the petitioner's application br appeals on demarcation uide No.AODO22500069981, dated Il'O3'2025 submitted for conducting survey and demarcation by hxing boundary stones to thc subject land and if the petitioner fulfils all the conditions mentioned in the circulars is:;ueci by the Commissioner, Suruey, Settlements and Land Records from time to time, after issuing notices to ail the persons interested and adjacent pattadars and after considering thc'r objections, respondent Nos.4 and 5 shall conduct survey of the :tforcsaid land, within a periocl of eight (tt) weeks from the rlate of rc':eipt of a copy of this order.

8. With the abovc observations, this Writ Petition is disposed of. There shall be no ordcr as to costs. As a sequel, thc rnisccilaneous petitions pelr ding, if any, shall stand closed. /,TRUE COPY/' sD/-A.H.S, GOWRI SHA].TKAR EGISTRAR SIETANT R secrrox oFFlcER 1 To

1. The PrinciPal Secretary, Revenue DeP artment, Secretariilt Building' Secretariat, State of Telang ana at HYd erabad The District Collector' Medchal Malkaigin' Medchal Malkajg iri District The Revenu e Divisional Officer, Keesara Division, Medclral tvlalkaigiri District The Assistant D irector of Survey and Land, Medchal Malkaj giri District The Tahsildar' MediPallY Mandal, Medchal Malkajg iri District Two CCs to G P FOR REVENUE, High Court for the State of Telangana at POLU BHASKAR' Advocate [OPUCI 2 3 4 5 6 UTI derabad. [O e CC to SRI RA Hy On Two CD CoPies 7 o (A- SA BS 'x#ffi HIGH COURT DATED:01 10512025 ORDER WP.No.13899 of 2025 .,a-. a ,/'r.on r rN //;- o (-) s,l I 1 B Jl]N 2ffi D, -.. .. ,-- DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. ?+- 1).- 6 >\