Shobha v. Nahar, W/o

Petition under Article 226 oI lhe 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 especially one in the nature of Writ of Mandamus declaring the action of the respondents in rejecting the FLINE application dt.11.4.2025 vide rejection order dt.21 .4.2025 in surveying and fixing the boundaries of the petitioners lands in all admeasuring Ac.26.13 gts., part and parcel of Survey Nos.52, 53, 54, 55, 57, 86 and 87, situated at Pedda Shapur village, Shamshabad Mandal, Ranga Reddy district as bad, illegal and arbitrary and consequently set aside the same and direct the respondent authorities to conduct survey of the said lands of the petitioners with the help of Tippan and demarcate the same and fix the boundaries in the interest of justice in pursuant to the FLINE applicaticin dt.11.4.2025 of the petitioner. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the respondent authorities to conduct survey of the lands of the petitioners in all admeasuring Ac.26.13 gts., part and parcel of Survey Nos.52, 53, 54, 55, SZ, 86 and 87, situated at Pedda Shapur viilage, Shamshabad Mandar, Ranga Reddy district with the help of rippan and demarcate the same and fix the boundaries, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI NALLA MUKUNDA REDDY Counsel forthe Respondents: AGp FOR REVENUE The Court made the following: ORDER d - ORDER: THE HON'BLE SRI JUSTICE C.V.BHAS KAR REDDY WRIT PETITION No.L4 149 of2o.25 This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit fired in support of the writ petition, it is therefore, prayed that this Honble Court may be pleased to issue an appropriate writ, order or direction more especially one in the nature of writ of Mandamus declaring the action of the respondents in rejecting the FLINE apprication dt.Ll.4.2025 vide rejection order dt.21.4.2025 in surveying and rxing the boundaries of the petitioners lands in ar admeasuring Ac.26.13 gts., part aIld parcel of Survey Nos.52, 53, 54, 55, 57, 86 and 87, situated at pedda Shapur village, Shamshabad Mandal, Ranga Reddy district as bad, iltegat and arbitrary and consequently set aside the same and direct the respondent authorities to conduct survey o[ the said rands of the petitioners with the help ofrippan and demarcate the same and fix the boundaries in the interest of justice in pursuant to the FLINE application dt. 11.4.2023 of the petitioner and pass such other order or orders as this Hon'ble court deems fit and proper in the circumstances of the case." 2- It is stated that the petitioners are holding totar extent of land admeasuring Acs. 26.13 guntas in Survey Nos.52, 53, 54, 55, 57, g6 and g7, situated at Pedda Shapur Village, Shamshabad Mandal, Ranga Reddy District (for short, 'the subject landJ and their names were mutated in the revenue records and they were issued pattadar passbooks as per the Telangana Rights in Land and pattadar passbooks Act, l9zl. It is further stated that since some third parties are trying to encroach the subject land under the guise of different survey numbers/plots, the petitioners made an F-line application dated 11.o4.2o2s to the 3.d respondent requesting him to conduct survey a,d demarcate their subject land with the herp of tippan and fix the boundaries to avoid any future complications. The grievance of the petitioners is that the respondent authorities have rejected the F_line /, 2 CVBR' J W.P.No.14149 of 2025 application of the petition ers on2l 04'2025 on the ground that a plot cannot be demarcated as it does not have S B records Hence the present writ petition.

3. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Court vide order dated 23 'O8 '2022 in W.P.No.32785 of 2022 and the relevant portion of the said order is extracted hereunder: "8. The Commissioner, Survey' Settlements and Land Records' Hyderabad, has issued various circulars from time to time in connection with conducting of survey, demarcations and sub-division of land and survey numbers and also disposal of F-line petitions submitted bv the partles concerned seeklng survey and sub-division The said circulars were keeping in view the Board Standing Orders-34A para 20(a) of the Standing Orders, which reads as under:- issued "Applications from private parties to point out the- boundaries of their ltelds in !" received by the Taluk Tahsjldar' on accordance wirh the survey ,"#;;;;t rahsildar should receiot o[ the application *ith ;;i;;";-tpiescriued- feet' .tht ilii,Jra",i i. ,t''J"s,*"v"t ritrtt'o"p"iv s'*evor who. should durins his visit to iu*'evot-ritt" Depulv Surveyor should the village, comply with *t" -0""?Iii" after pointing out the requirea'f,iirna^'v to tn"-tyot' obtain his signature to that n'-""If (writei thereon that the boundary was effect in the applicatron noted in the survev *ith thc "'"""ments ;:ft'J;; t""oto""r.ur..o, No.6 (b) of the Rc'No N2 11741'l2olo' datecl 18'05 2010 "t'o "to"titJ """"a""'" ;fffi';; Board Circular reads as under:- "F-line petitions/demarcation petitions received in res pect of porlions ol 'ft'i" ";h;;ld L" ton'"tt"a bv Tahsildars ad -()i balance fee pavable if anv and should be dt.," i";::"fi'";:;',,iir-' eto sq-'A pa,-a i3 and in respect of CSSLR circular Rc-NoN1/1408/07 survey fields ln agri"'ttur"t aDolications for subdivrsron ();-;;;t;;i Telangana districts in t*"ti"i"i-^*"n "rLdi,i"io., dr.13.O7 .2007." Thereafter, another Circular in Rc No Nl/4296l2012 dated g. 22.Oa.2O12 was issued duly issuing further instuctions and guidelines for demarcation and suwey of the sub-division survey numbers artd instruction Nos.1 to 6 of the said Circular read as under:- "1. Every F-Line Dcmarcation application must be submitted to the concerned Tahsildar/ E-Seva/ Mee-Seva .\ 3 CVBR, J W.P.No.14149 of 2025

2. Every F-Line Demarcation application must be registered and such registered applications must be attended in seriatum only and valid reasons for any devialion to the seriatum should be recorded- 3. (a) Every F-Line demarcation application shall be accompanied by a Xerox copy of pattadar passbook or a copy of the latest adangal/pahani. (b) Demarcation application without such supportive or evidential document may be rejected. 4. If the applicant submits a self sworn affidavit declaring his rights/reputed ownership a possession along with the demarcation petition, the concerned Tahsildar may take an appropriate decision after thorough verification of records either to forward the same to the Surveyor or reject. 5. (a) Mandat Surveyor/Deputy Surveyor shall serve notices to the Applicant (l) (2) Adjacent land holders within the survey number and adjoining survey numbers (3) Village Revenue Ofltcer (4) If the adjacent land belongs to local body/ Government, notices shall be served on the concerned authority (b) Prior to issue of notices o. after issuing the notices, if any written objections of the adjacent land holders are received, demarcation cannot be denied unless it is a legally valid objection and approved by the Tahsildar. (c) In general, after issuing the notices if any adjacent land holder absent for demarcation, naturally demarcation will be postponed- ln such cases, notices to be issued to all the concerned consequently two times and if any of them is absent for demarcation even after receipt of the notices, a final notice shatl be issued intimating them that the demarcation will be done on the date mentioned in the final notice 'even in their absence', as due opportunity was given. 6. If the demarcation application is for a part of undivided held such application may be converted into patta sub-division application and necessary statutory procbdure to be followed for it by taking application from applicant "

10. From a perusal of the above referred Circulars, it is clear that as and when F-line petitions for demarcation/sub division are received in respect of portions of survey numbers in agricultural land, they are required to be converted as applications for sub-division by the Tahsildars on payment of. balance fee payable, if any and sub-division shall be done in respect of the Telangana Districts in accordance with Circular in Rc.No.Nl/14Oa/O7, dated 13.07 .2OO7 , issued by the Commissioner of Survey, Settlement and Land Records. Althis stage, it would be necessary to make note of some of the Prcn .;;,;'1 \ 4 CVBR, J W.P.No. 14149 of 2025 instructions issued in the said Circular dated 13.07.2007 which are extracted hereunder: "5. Thereafter, the Mandal Surveyor wiil proceed for sub dirrision and prepare the sub-division recorC. The sub-division shall be done in accordance with the description of property sale deed in case of sales, partition deed in case of partition, mutual agreement in case of succession etc. Ao*",r"., the sub_division will be done only subject to the actual possession on ground tallying witi the documents mentioned above provided that the Transferees na-e finds piace in the Revenue accounts through proper muLation. 6. After preparation of the SDR, the Mandal Surveyor shall submit rt to the Tahsildar who will verify whether it confirms ro the documents and whether records are signed by all the concerned parties. ThereaJter, Tahsildar should send the record to Assistant DirccLor, Survey and Land Records Department wrth a proposal for sanction of phodi. ' 7. Upon receipt of this proposal, the Assistant Director shall scruiinize the records and take further action for preparation and issue o[ supplemcnLary sethwar and for incorporation of changes, if any."

11. The Circular instructions issued by the Commissioner are very clear and absolutely there is no arnbiguity and the obligation that is cast upon the respondent-Tah sildar is unequivocal and hence, arly action on the part of the respondents to refuse to conduct survey and demarcation or sub_division of the part survey numbers pursuant to the request made by the persons concerned by submitting F-Line petitions is totally impermissible and illegal. It is only to avoid such ambiguous situation, the above referred circulars were issued categorically stating that it is the obligation on the part of the respondent-Tahsildar to take up such applications as and when the applications are received for surzey and demarcation of part survey numbers and to complete the survey by duly collecting the required fees."

4. This Court on consideration of the said Circulars, disposed of the said writ petition with certain directions. In the light of the said decision, this court is of the considered view that the petitioner herein is also standing on the same footi.g a''d he is also entitled for the said relief to maintain parity.

5. In view of the above, this Writ petition is disposed of granting liberty to the petitioners to submit fresh F-line appricatlon to respondent r--*- r:tr:-: . '-,..,i.,' {'.t}'t&i1t:: ld*9ll*t*itt... .:.3:r!,':r,,,r',. 5 CVBR, J W.P.No.14149 of 2025 No.4-Tahsildar with a specific request to conduct sub-division survey. on receipt of the said application; i) Respondent No.4 is directed to take up F-line application of the petitioners for conducting sub-division survey and demarcation by fixing boundaries of the subject land admeasuring Acs. 26. 13 guntas in'Survey Nos.52, 53, 54, 55, 57, g6 and g7, situated at pedda Shapur Village, Shamshabad Mandal, Ranga Reddy District; ii) In case, if respondent No.4 is of the view that sub-division numbers is required to be done and any further fee is required to be paid by the petitioners in terms of the circulars referred above, the same shall be intimated to the petitioners and on receipt of such intimation, the petitioners shall pay such fee as may be required by respondent No.4. iii) On such payment of fee by the petitioners, respondent No.4 shall take further steps for taking up the survey as requested by the petitioners and conclude the same in accordance with law; iv) The entire exercise, as directed above, shall be completed within a period of fort5r five (45) working days from_ the date of receipt of F-Line Application. As a sequel, the miscellaneous petitions, if any, pending in this writ petit.ion shall stand closed. No order as to costs. //TRUE COPY// SD/. L. VIJAYA LAXMI S TANT REGISTRAR SECTION OFFICER ment, Secretariat, To, d 1 . The Princi pal Secreta ry to Government, Revenue D The State of Telangana, Hyderabad The District Colle ctor, Ranga Reddy District 2 The Assistant Di J rector, Survev The Tahsildar, S 4 hamshabad IVI One CC to Sri Nalla Mukunda 5 f) Two CCs to GP for Revenue High 7 . T:uo CD Co pres Hvd erabad tourl and Settlement, Ran ga Reddy District. andal, Ran Red dy, Co Advocate urt for the State ofTelangana, at ga Reddy to PUCI District - '1-ElL. ..o.- . ,_rrr .,reE-trt$t . r,oti ai ' -i*- it]ir ^1- l.- ;.:i-r HIGH COURT DATED:0210512025 t ) .) 1HE S 14 r6. a.oal 18 AIJE 2S25 /.\(i \l 't .t.;:--' ORDER WP.No.14149 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS