The High Court · 2025

Judgment

1. 53[f,-'A':"?Ll""ifl Silf tfii;"f ]ri:.::J:l,rtocovernmentLandRevenue ' Ii:"r:[';i commissioner of Land Administration, I\4 J Road, Nampaly, t IH&",,ITi;:5*B'ro" Survev' settlements and Land Records M J Road,

4. The District Collector, Medak District, Medak 5. The Revenue Divisional Officer, Medak Division, Medak District ...RESPONDENTS

Petition under Articre 226 0f the constitutron ot rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ' order or direction more particurarry one in the nature of writ of Mandamus or any other appropriate writ i)decraring the action of the Revenue Divisional Officer, Medak Division and the Commissioner Survey, Settlements and Land Records in not preparing the cadastrar map of Medak Village in so far as Sy. No.60g on the basis of the entrres made in the pahani and other revenue records maintained by the Revenue Divisionar officers as iregar and arbitrary, and ii)Declare that the cadastral map of the Medak Village in so far as dispraying the sy. No.608 consisting of the residentrar houses is iregar, and iii)consequentry, direct the Respondents to rectify the virage cadastrar map dury showing the detairs in the rand in sy. No.60g/U and 608iE as agricurturar rand. lA NO: 1 oF 2025 Petition under section 151 Cpc praying that in the circumstances stared in the affidavit filed in support of the petition, the High Court may be pleased to the Respondents - chief commissioner of Land Administration and ;lirect uommrssroner of survey' setrements & Land Records and corector, lvredak District to consider the representation dated06.1 1.2024 for rectifying the virage cadastral map dury showing the iand in sy. No.60g as an agricurturar rand. Counsel for the petitioner : SRI SAI PRASEN GUNDAVARAM Counsel for the Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C'V'BHASXAR REDDY WRIT PETITIoN No. 1.47lO o f2025 oRDER: This Writ Petition, under Articie 226 of ttte Constitution of India, is filed seeking the following relief: ".. ..to issue a u.tit, order or direction more particulortg one in the .fwi tt ttandi^u" or ong other appropiate utit: ""i"r. declaing the action of the Reuenue Duisional Officer' 0 tii.i-'oir*io" and the commissioner ?uru?,a' ';;;;;,*";; Lond Records in not prepoing^ ^the :;;;;r;;;;; i uiaox vittos" in so far a; sa No 9o::.n of'ttti enli,es made in the pahani an.d.otner ;;;;;; ';;""";;*r;L;i maintaircd' bv the Reuenue Diuisionat Offtcers as illegat ond arbitrary declare ttat tte' cadastrol mop of !h9 Medak "iii'*"" - residenttal houses is illegal iitpt aing the sv'No'608 con'sbting ol tne ".d .Villoge- ,so (ii) (iii) consequentla dtrect lhc Respondents to .:cltta,,t.he ,l:l:se """i"iia iap dutg shouino rhe details in the t(tnd tn Hfff..ioti)V ;;a" aoa/e'as asncalturat tand and pass. 2 Consideredthesubmissionsmadebythelearnedcounselfor the parties and with fheir consent' this writ petitlon 1S being disposed of at the admission stage

3. It is stated that the petitioner's father late Sri Venkata Ratnamistheabsoluteownerarrdpossessoroflandadmeasurrng Medak Village and Ac.O.8/" guntas in Sy'No 6O8/U situated at Mandal, Medak District, having purchased the same through .- 2 registered sale deed bearing document No.S74 of 19g7, dated

25.O4.7987. [t is further stated that after the demise of his father, the petitioner succeeded the said property and he also purchased the land admcasuring Ac.0.8% guntas in Sy.No.608/E which is adjacent to his father's land through a registered sale deed bearing document No.3644 of 2017, dated 16. tO.2O17. The Tahsildar, Medak Village and Mandal, Medak District, has registered the total land admeasuring O.16% guntas in Pattadar Passbook and issued Pattadar Passbook, uide Khata No.2318, d,ated, O1.06.2022.

4. It is further stated that thereafter, the petitioner submitteci an F-Line application to the Revenlre Divisional Officer, Medak for conducting survey and fixing of boundaries. The Deputy Inspector of Survey came for the survey and issued an endorsement dated

06.O3.2024 stating that there are residential houses in the land in Sy.No.608 and therefore, it is not possible to undertake the survey. Thereafter, the petitioner approached the Additional Director of Survey and Land Records, Medak and mad-e a representation dated O8.O8.2O24 staling that as per the pahani records, the land in Sy.No.608 is still shown as agricultural land and whereas, the land in Sy.No.606 is shown as house sites i:elonging to various other persons, and as such sought to rectify the discrepancy. The grievance of the petitioner is that vrhen the said representation has not been acteC upon, the petitioner was constr.ained to file 3 W.P.No.26535 of 2024 seeking to direct the respondent No.6 to conduct survey and even when the same is pending, the petitioner Iiled a representation dated 06. 1 1.2024 to the Chief Commissroner of Land Administration alcl Commissioncr Survey, Settlements and Land Records to consider the said representation, but so far no action has been taken thereon.

5. Learned counsel appearing for the petitioner has submitted that the when petitioner has submitted F-Linc application seeking to conduct survey and fix the boundaries, the same was rejected on the ground that the lald in Sy.No.6O8 is overlapping with the land in Sy.No.6O6 and necessary sanction is required under Section 87 of the Telangana Land Revenuc Act, 1317 Fasli (for short, 'the Act, 1317 Fasli'). He further submitted that the petitioner has aiso made a reprcsentation dated O6. 1 1.2024 to thc Chicf Commissioner of Survey, Settlen:ent and l"and Records, who is the competent authority for correction of records in terms of the Act, 1317 Fasli, but so far no action has been taken thereon.

6. Learned Assistant Government pleader for Revenue vehemently contended that unless there is an order passed in terms of the Act, 1317 Fasli by the competent authority, the petitioner is not entitled for conducting of survey arld the very nature of the land is ceased to be agriculture land. l - In vierv of the :ubmissions tnade by the learned counsel for T. the respective partics and since i[ is stated that the land in Sy.No.6O8 is overlapping with the land in Sy.No.6O6, tl-ris Court is of the opinron th: r- ',he encls of the justice u'ould be met if respondent Nos,2 and 3 are r!i:ected to exarnine the representation, dated 06.11.2024 subrnitted by the petitioner as exped;tiously as po:,:ible, prefcrably, rvithin a period of trvo (03) months from the dete of rcccipt of a copy of this order. g. With the abovc observations, this \Yrit Petition is disposed of. I'lo costs As a sequel, the miscellaneous petitions pending, if any, shail sland closed ' //TRUE COPY// SD/- S G R SECTION OFFICER To,

1. The Secretary to Government Land Revenue Building,State of Telangana, Hyderabad e artment Secretariat

2. The Chief Commissioner of Land Administration, M.J Road, Nampally, Hyderabad

3. The Commissioner of Survey, Settlements and Land Records M.J. Road, NamPallY, HYderabad.

4. The District Collector, li/edak District, Medak 5. The Revenue Divisional Officer, lvledak Division, Nledak District 6. One CC to SRI SAI PRASEN GUNDAVARAM, Advocate. [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. Iour] B. Two CD CoPies BSK BS HIGH COURT DATED:0910612025 ,.,. ,/) !) c () (s r ;, 'i I 2 5 AUG 206 f'.-,' ',-.'-'' ORDER WP.No.14710 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS v .l "*Q7