lvlohd Rizwan Younus v. The State of Telangana

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 a writ, order, or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not conducting survey demarcation and fixing the boundaries of the lands of the Petitioner in Sy.No. 566/2/1 12 lo an extent of Ac.0-20 Gts., 566121111 toan extent of Ac. 0.12, Sy.No.566/2/2 to an extent of Ac.0-20 and Sy.No. 5671211 to an extent of Ac.1 .25 Gts. total to an extent ot Ac.2-37 Gts. situated in Mahabubabad, Mahaubabad Mandal, Mahabubabad District in pursuance to the F-Line application vide No. A0D022500069690, D1.03.01.2025 as illegal, arbitrary, contrary to law and contrary to Telangana Survey and Boundaries Act 1923, contrary to the law laid down by this Hon'ble Court and in violation of Articles 14 and 21 of constitution of Y lndia and consequently direct the respondents to survey demarcation and fix the boundaries of the lands 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 petition, the High Court may be pleased to direct the respondents to conduct survey demarcation and fixing the boundaries of the lands of the Petitioner in Sy.No. 566t211t2 to an extent of Ac.0-20 Gts., 566121111 to an extent of Ac. 0.12, Sy.No.566/2/2 to an extent of Ac.0- 20 and Sy.No. 567/2/1 to an extent of Ac.1.25 Gts. total to an extent of Ac. 2-37 Gts. situated in Mahabubabad, Mahaubabad Mandal, Mahabubabad District in pursuance to the F-Line application vide No. AOD022500069690, Dt.03.01.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI ANIRUDH SADHU Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: OROER E_=7 HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.15991 of 2025 ORDER: This writ petition is filed declaring the action of the respondents in not considering the application for Appeals on Demarcation, dated O3.01.2025 and non-conducting the survey and demarcation of the agricultural land admeasuring Ac.O.2O guntas in Sy.No.566/2/l/2; Ac.O.12 guntas in Sy.No.566/'2 l1/l; Ac.O.20 guntas in Sy.No.566/2/2 and Ac.1.25 guntas in SyNo.567 I 2 / 1, situated at Mahabubabad Village, Mandal and District, as illegal, arbitrary and violative of the Articles 14 and 2l of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the agricultural land admeasuring Ac.O.2O guntas in Sy.No.566/2/ | /2; Ac.O.I2 guntas in Sy.No.566 /21 1/ 1; Ac.O.20 guntas in Sy.No.566 /212 and Ac. 1.25 guntas in SyNo.567l2/ 1, situated at Mahabubabad Village, Mandal and District and his name is recorded as pattadar in all the revenue records. The revenue authorities also issued pattadar passbook No.TO1 160061153 uide Khata No.6OO95 in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that when some of the t7 I 2 CVBR. J wp 15991 2025 neighbouring land owners have started disturbing the boundaries of the subject 1and, the petitioner has submitted apptication for Appeals on Demarcation, dated 03.O 1.2025 to respondent Nos.3 to 5, by paying requisitc fee for conducting survey of the subject land and hx the boundaries. The grievance of the petitioner is that even after receiving the said application, the respondent authorities are not conducting survey and hx the boundaries.

3. Considered the submissions of the learned counsel for the petitioners and learncd Assistanl Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of al the admission stage.

4. Sri Anirudh Sadhu, learned counsel for the petitioners has submitted that in terms of the circulars issucd by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that as per the circular instructions issued by the Commissioner, Survey, Settlements and Land Records uide Rc.No.Nl/6543199, daLcd 25.07.2OOL, Rc.No.N1/1408/07, dated l3-O7.2OO7, and i I I I t I I 3 CVBR, J Wp 15991 2025 Rc.No.N2/ 1741 l2O1O, dated 18.05.201O, the petitioner has to make F-Line application seeking to conduct Field Measurement Survey before respondent No.5-Tahsildar. lnstead of making F- Line application before the Tahsildar, who is competent authority to conduct survey as per the aforesaid crrcular instructions, the petitioner has straight away made the application for Appeals on Demarcation. Learned Assistant (iovernment further submits that if the petitioner files F-Line application and the said application complies with all the requirements of the said circulars, the respondent authorities will consider the same.

6. In view of the above submissions, this Court deems it appropriate to dispose of the writ pe tition permitting the petitioner to make F-Line application, duly enclosing the documents and land particulars, which are necessary for conducting survey and in the event of such an application being submitted by the petitioner and if the petitioner fulfils all the requirements mentioned in the circulars issued by the Commissioner, Survey, Settlernents and Land Records from time to time, respondent No.S shall conduct the survey, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, within a period of eight (8) weeks from the date of receipt of the application. j i 4 CVBR, ] Wp I 5991 2025 7. With the above observations, this Writ Petition is disposed of. There 'shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, it any, shall stand closr.d. To, //TRUE COPY// SD/.MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER 1 . The Principal Secretary, Revenue Department, Sec tariat, Hyderabad, T.S 2. The District Collector, Mahabubnagar, Mahabubnagar District. 3. The Revenue Divisional Officer, tvlahabubnagar, Mahabubnagar District. 4. The Assistant Director, Survey and Land Records, Ivlahabubnagar District. 5. The Tahsildar, Mahabubnagar, Mahabubnagar District. 6. One CC to SRI ANIRUDH SADHU, Advocate IOPUCI 7. fwo CCs toGP FOR REVENUE, High Court forthe State of Tetangana at Hyderabad [OUT] W

8. Two CD Copies BSR BS HIGH COURT DATED:1310612025 ) ORDER WP.No.15991 of 2025 1HE s r.q i€. ( q 24JUt't 6 ({.( * Dp r,4-c DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 0r t,