High Court · 2025

Petition under Article 226 of 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 particularly one in the nature of WRIT OF MANDAMUS declaring the rnaction of respondent No.3 and 4 in not considering the application of the petitioners dated 18.02.2025 for conducting a survey of property and fixing up the boundaries on Plot Nos-218 and 219 lying in Survey No.490 and 491 admeasuring 266.67 Sq.yards each situated at lsnapur Village, Patancheru lvlandal, Sangareddy District as illegal arbitrary, u nconstitutio nal and contrary and consequently direct the respondents to consider the application forth with and conduct a survey of the property and fix up the boundaries. -/ lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to d,rect the respondent Nos.3 and 4 to consider the applrcation of the petitioners daled 18.02.2025 bearing Transaction No.TTA0D022500069374 for conducting a survey of property and fix up the boundaries on Plot Nos.218 and 219 lying in Survey No.490 and 49'1 admeasuring 266.67 Sq.yards each situated at lsnapur Village, Patancheru lVlandal, Sangareddy District. Counsel for the Petitioners: SRI P.R.MANOHAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER J- THE HON ,BLE SRI JUSTI CE C.V.BHASKAR REDDY WRIT PETITION No. 17476 of 2025 ORDER: This rvrit petition is liled seeking following relief: ,For the reasons statecl in the accornpanying affidavit it is pral'ed that this Hon',ble cour:t ma] be pleased issue an appropriate Writ' order or direction more partrctllarll' one in ttre nature o[ WRIT OF MANDAMUS declaring the inaction o[ respondent No 3 and 4 in not considering the application of the petitioners dated 18022025 lor con(lucting a sulwev of property and fixing up the boundaries on Plot Nos 2l8 ancl 219 No.490 and 491 admeasuring 266 67 Sq yards each situated at l],ing in S Lrt ver Patancheru Manclal, Sangareddy District as illegal artritrary' Isnapur Villargt: unconstitLltionalandcontrarl''andconsequentlydirectthercspon(lentStocorrsider the applicrrrior] lortlr rvith and conduct a survey of the property and [Lx up the bottuclaties antl pass sut:h other orcier or orders as this Hon'ble Court mav decm fit anc[ propcr rI] I he circumstances of the case in the tnterest ofjustice'"

2. tt is stated that the petitioners are the absolute orvners and possessors ol Plot Nos.2 18 and' 219 admeasuring 266 '67 square vards in Survey Nos.'190 and 49 1, situated at Isnapur Village' Patancherlr Mandal' Sanga Reddy District (for short,'the subject property')' having purchased the same fhrough registered Sale Deeds uide Doc rnent Nos' 1461 o[ 1990 and I t is further staLed that when the 1 462 ot 199O da tcd 12 .O4 'lg9o ' petitioners desired to construct a house in the subject property' the overlapping of both SurveY petitioners were inlormed that there is with SurveY No.496 Nos.49O and 49 1 Survey No.496 are claiming that the said two plots of the petitioners are falling into their survcy numbers and in between the Survey Nos'49O' 491 and 496, there is a roacl dividing the plots on either side The grievance o[ the petitioners is that they have suLrmitted an application to respondent and the adjoining neighbours in ^a. \ 2 CVBR, J W.P.No.17476 of 2025 - Nos.3 and 4 for conducting a survey of the subject property uide Transaction No.TlAoDo225ooo6937 4 dated 18.02.2025, bur till date the same is not considered by respondent Nos.3 and 4. Hence, the present writ petition.

3. A careful examinali.n of the sale d,eeds uid-e Document Nos. A6l of 1990 and 1462 of 1990 dated 12.o4.1990 reveal that the petitioners fiave purchased ope, plots locatcd in Surve-y Nos.4go and 4g 1. It is not the case of the peLitioners that the subject property purchased by them is agricultural land ald that the-v paid stamp dugr or registration fees on acre basis. The schedule of property in the sale deeds establishes that the nature of the property is open plots admeas uring 266.67 square yards. It is settled law that the Survey Departmcnt has the authority to conduct survey and demarca[e lands in accordance u'iLh the provisions of the Telangana Land Revenue Act, 7317 Fasli (Act No. VIII ot 1317 Fasli), the Telangana Survey and Boundaries Act, 1923 a.d the Rules framed thereunder. The Government has issued various circurars specifying the conditions lor condscting surveys, particularlv F - Line (field measurement) surveys. Individuals requesting such surveys are requirecl to submit specific documents and if the conditio's stipr-rlated in thc circulars are fulfilled, the survey and boundary fixation ma,y be conducted. The commissioner, Survey, Settlements and Land Records, cxercising powers under the Terangana Survey and Bounclaries Act, 1923, issued relevant circulars from time to time uide Rc.No.N1/6543/99 dared 25.OZ.2OO1. Rc.No.N1/ t4O8/OT dated t3.07.2OO7 and Rc.No.N2/174t /2010 darcd 18.05.2010 stipulating the 3 CVBR, J W.P.No.17476 of 2O25 conditions for conducting survey of private lands. The said Circulars outline that only agricultural Iands are eligible for survey by the Survey Department. In contrast, individuals o\\,ning plots r.r,ithin approved layouts, municipalities, Gram Panchayats or Municipal Corporations are required to engage Licensed Survcl.ors appointed by the Government for such surveys, as these lands are no longer considered agricultural. In the instant case, the petitioners' land is clearl.y identified as open plots but not agricultural land. Since the petitioners' property is not an agricultural land, the Survey Department has no jurisdiction to conduct F-Line Sur-vey as per lhe Circulars issued by Lhe Cemmissioner, Survey, Settlements and Land Records. For the aforcsaid reasons, this Writ Petition is devoid of merits and is liable to be dismissecl.

4. Accordingly, this Writ Petition is dismissed. Ho',vever, the petitioners are at Iiberty to take the services of licensed surveyor for conducting the survey of the subject property i.e., open plots, if they are so advised. Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs //TRUE COPY// Sb/. K.BHAVANI SWAMY TANT REGISTRAR AS SECTION OFFICER To,

1. One CC to SRI P.R.IVANOHAR, Advocate [OPUC] 2.ltwoCCstoGPFORREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

3. Two CD CoPies G BSR TKS HIGH COURT DATED:241061202s ORDER WP.No.17476 of 2025 h ! J (J )- rll [lJE 2025 * oFsp 1r. DISMISSING THE WRIT PETITION, WITHOUT COSTS @