✦ High Court of India · 01 May 2025

The High Court · 2025

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Bench
Not available
Length
1,417 words

Petition Undr:r Section 151 CPC praying that in the circunlstances stated ln the affidAVit fil,:d in sttpport of the petilion, the High Court may be l,krased to direct the Respondent Nc s. 4 and 5 to consider the Online Application f rr Appeals on Demarcation throu;tt vide No.A0D022500069985, dated 11.C3 2025 and tq conduct the survel, a rd demarcation and fix lhe boundaries to the a3riculture land of the Petitioner to an extent of Ac.1.0374 Gts in Survey No 52lI::.E 1112, which is Situated at pooupral Village, Medipally Mandal, Medchat lt/all<ajgiri Distrifl pending dispor;al of the writ petition. Counsel for the Delitioner : SRI RAPOLU BHASKAR ppunsel for the lle:;pondgnts : AGP FOR REIENUE Thg Court at the stage of admission made the following ORDER t' HON'BLE SRI JUSTICE C'V'BHASKAR R"EDDY ITIO No. N 13892of 2025 T ORDER Appeals on Demarcation' survey and demarcation This writ petition is filed seeking to declare the action of respondent Nos'4 and 5 in not considering the application for dated lI'O3'2O25 and not conducting the on the agricultural land of the petitioner to an extent of iand Ac'l 'O37 4 gts ' in Sy'No'52/EE/ 1/2' 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 of the Constitution :"t"" of lndia and for other appropriate reliefs' 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 O",nio' is disposed of at the admission stage'

2. Considered 21 and 300-A -'^:-,"'

3. of the agrictrlture It is s@ted that the petitioner is the pattadar and possessor land to an extent of Ac' 1'0374 gts' ' in I l2' s\tnatedat Boduppal Village' Medipally Mandal' District' It is further stated that the name of reflected in a1l the revenue records as pattadar Medchal-Malkajgiri "*" Sy.No'52/EE/ ot'n'""'was 2\ CVBR, J V'p 13892_2025 1 and tl re r(lvenue authorities also issued t:_pa ta d u pass book bear n11 ,\c.T06l 1OO3O|4Z, Khata No.6O235 un<ler he provisions of ttLc TeliLngana Rights in Land and patracrar piLssbooks Act, 2O2C. It s the further case of the petitioner thal du : to abnormal increase c f the land price, some of the neighbotLrinlt, Jand owners have start--rl disturbing the boundaries of tht: su tjec and and as such ,he tetitioner had submitted applicatior: Ibr appeals on dema rc r1.it r L uide No.AO DO22SOOO6}}85, clate<i t )3.2025 to condllcr tl-c survey and demarcation of the subjcct Ltrd and hx the bounrla-ier. The grievance of the petitioner is that even after receivin,g t'rr: said application, the respondent au thor ilies are not condr-.ctir-rg srurvey and fixation of the boundanes.

4. I-e alrrr d counsel for the petitioner has submilted that in terms ( f the circular issued by the Commi:,sior er, Survey, Settlcrnc nt: and Land Records, the ar e bound to consider tl,c application within 45 days from t he C lte of the applicirti rrL a lter collecting necessary charges. .responclentrj

5. l,elrr n er1 Assistant Government plea.der lo - Revenue appearin l for the respondents has submitted that tLLe respondent authorLtrr:s,r':ll consider the aforesaid application s.rbrritted by the petitiorrcr lt,, tollowing due procedure laid don,n und,:r. law and 3 CVBR, J Wp 13892 2025 conduct survey and demarcate the subject land by hxing 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, 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 submil specihc documents, and if the conditions stipulated in the circulars are fulhlled, 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 time vide Rc.No.N 1 / 654S7O0, datea 25.07 .2OO L, Rc.No.N I / l4O8 / 07, d'ated 13.O7.2OO7 , and Rc.No.N2/ 174 I /2OlO, dated 18.O5.2O10 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulhls all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specihed in the said circulars. 4 I 4 CVBR, J ',V-t 13892 2025 r\

7. Irr , ir:u, of the aforesaid discussion, this Co.rrt deems it approp'izLre to dispose of this writ petition direi ting -espondents Nos.z anr:l 'i to examine the petitioner's applicatirrn fr rr appeals on demarcatii)rr uide No.AODO22500069985, deted lt.O3.2O2S subrr itied lor conducting survey and demar,;alir,n by fixing bounlanr slones to the subject land and if the pr:ti1,ic,ner fulfils all the co nd tions mentioned in the circulars issr rr:d by the Comr-rLsisit I er, Survey, Settlements and Land Rec,trds f rom time to time, a lte - issuing notices to all the persons in erested and adjac,:nl pat[adars and after considering their otJjections, respo-rCcrl . \os.4 and 5 shall conduct survey of the air)t.esaid 1and, withirr zr prr riod of eight (8) weeks from the date of recr ipt of a copy of this; crdr r

8. W ilh t hc above observations, this Writ pr:tition is clisposed of. There sl a[] lre no order as to costs. A: a :;equel, the miscellaneous petitions pend ng, if any, shall r;rand r:lose d. //TRUE COPY// SD/.P. PADMAI{/\BHA REDDY n drpu'ry REGtsrRAR .i SEC TION OFFICER

1. The Prirrcipal Secretary, Revenue Department, Selretariat Bu lding, Secreta'ia:, Starte of Telangana at Hyderabad.

2. The Dis'rrct Collector, Medchal Malkajgiri, Medchal Malkargin l)istrict. 3. The Revenue [)ivisional Officer, Keesara Division, Medchal M,llkajgiri District 4. The Assistant [)irector of Survey and Land, Medchal Malkajgir, t)istrict. 5. The Tal-sildar, Medipally Mandal, Medchal Malkajgiri Distticl. 6. Two CCs to C,F' FOR REVENUE, High Court for the State of Telangana at 7 9ne CC to SFil RAPOLU BHASKAR, Advocate [OPUC] 8 Tlr/o QD C >pi,:s Hyderak,acl. [OtJT] \ To SA BS HIGH COUR'I- DATED:01 ,t0ro,t202i ORDER WP.No.1i89:2 of 2025 // ...: Jt. Pts S 14 It' g ll, \ l ,l t'1.., \ '12 JUN 2U5 () .\ \:: r' '' C rrq DISPOSIN(3 OF THE W.P AT THE S]-AGE OF ADMISSION WITHOUT COSTS, %*

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