✦ High Court of India · 08 Jul 2025

High Court · 2025

Case Details High Court of India · 08 Jul 2025

Judgment

1. 2 SRl. KANDANELLI YADAIAH, S/o. Kandaneili Narsaiah, Aged about 56 years, Occ. Agriculturey/o. H.No.1-12, Rudraram Village, Biarur Mandal, Vikarabad Distiict, T.G.' Sri Kqpdanelli Hanumaiah S/o K. Narsaiah, Aged about 53 years , Occ Agriculture, R/o. H No. l-12, Rudraram Village, Bharui Mdndai Vikarabad District, T.G. C,T of Petitioner No.2 is included as per the Court order dated 0810712025 of lA No. 2 of 2025 AND ..PETITIONER 1

2. J. 4 5 6

The State of Telanqana, Rep.by its principal Secretary, Revenue Department, Secretariat. Hvdera"bad The Chief Coinmissioner of Land Administration, Government of Telangana, Secretariat, Hyderabad. The District Survey Settlement and Land Records, Vikarabad District, Telangana. The Revenue Divisional Officer, Vikarabad District. The Diskict Collector, Vikarabad District, Telangana. The Tahasildar' Dharur Mandal' vikarabad Disrict' T S ...REspoNDENTS 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 an appropriate writ order. or direction more particularly one a Writ in the Nature of Mandamus, directing the Respondent No. 3 to 6 to conduct the survey and demarcation of our lands in survey No.6giAa, Adm. Ac. j-00 gts, of Rudraram Village, Dharur Mandal, Vikarabad District, by fixing the boundary stones under the provisions of Telangana (Ap) Survey and Boundaries Act, 1923 by declaring the inaction of the Respondent No. 3 to 6 in ignoring the request of the Petitioners for conducting survey as illegal, arbitrary and u nconstitutional and contrary to the provisions of Telangana (AP) Survey and Boundaries Act, 1923 and rules made there under lA NO: 't OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit frled in support of the petition, the High Court may be pleased to direct the Respondent No. 3 to 6 to consider the application of the Petitioners dated 15-04-2025 for conducting survey and fixing the boundaries of Petitioners' land in .survey No.68/Aa, Adm. Ac.1-00 gts, of Rudraram Village, Dharur Mandal, Vikarabad District, pending disposal of the writ petition Counsel for the Petitioner: SRl. LINGALA SUDHEER Counsel for the Respondents: SRI L . RAVINDER,AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.16462 of 2o25 ORDER: This Writ Petition, under Article 226 of .the Constitution of India, is filed seeking the following relief '....to issue an appropiate Wit, ord.er or direction more particularlg one q Wit in the Nature of Mandamus directing the Respondent Nos.3 to 6 to conduct th.e suruey and demarcation of our land.s in Suruea No.68/Aa, admeasuing Ac.1.0O gts of Rudraram Village, Dhantr Mandal, Wkarabqd Distict bg ft-ring the boundary stones under the prouisions of Telangana (AP) Surueg qnd Boundaies Act, 1923 by declaing tle inaction of the Respondent -lfos- 3 to 6 in ignoing tLE request of the illegal, arbitrary and Petitioners fu unconstitutional ond contrary to the proutsions of Telangana (AP) Surueg qnd Boundaies Act, 1923 and Rules...." conducttng surueg as

2. Considered the submissions of the learned counsel for the petitioners; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents, and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioners are the absolute owners and possessors of agriculture lands admeasuring Ac. 1 . OO gts in Sy.No.68/Aa situated at Rudraram Village, Dharur Mandal, Vikarabad District, having succeeded the same from their father. It is further stated that originally the grandfather of the petitioners was the owner ard possessor of the subject property and the revenue authorities have mutated his name in the revenue records z i.} and also issued pattadar passbooks in his favour. The grievance of the petitioners is that they have submitted an F-Line application on

15.04 .2025 by payng requisite fee to conduct survey and for fixation of bor-rndaries over the subject lands, but even after receiving the sard application, the respondint authorities are not conducting sunrey. Hence, this writ petition.

4. Learned Assistant Government Pleader for Revenue appearing for the respondents submitted that the name of the petitioners grandfather is recorded in all the revenue records, but the sarne are not co-relating with the entries made either under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 or the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. Learned Assistant Government Pleader for Revenue further submitted that unless the names of the petitioners are recorded in the revenue records, they are not entitled to submit an F-Line application seeking to conduct survey and fixation of the boundaries in respect of the subject lands, and in the event if the petitioners submit an application seeking issuance of the pouti i-z,afa (succession certihcate) and for consequential issuance of pattadar passbooks and titie deeds in their favour, the respondents would consider the same and pass appropriate orders in accordance w-ith law. J

5. In view of the above submissions, since the name of the petitioners grandfather is depicted in the revenue records as pattadar in respect of the subject lands, this Court deems it appropriate to dispose of this writ petition permitting the petitioners to make appropriate online application in the prescribed format in Bhu Bharati Web Portal, for granting pouti i-z,afa (succession \ { \ certi{icate) and for consequential mutation of their names in the revenue records. After granting the succession certificate, the respondents are directed to issue pattadar passbooks in favour of the petitioners and take steps for conducting surwey as per the provisions of the Telangana Survey ald Boundaries Act, 1923, and. the Rules framed thereunder in respect of the subject lands. In any event, if the application of the petitioners does not fulfill the requirements of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 lfor short "the Bhu Bharati Act,,) and the Rules made thereunder, the respondent-authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioners. The entire exercise sha-Il be completed within a period of three (03) months from the date of receipt of the application.

6. With the above observations, this Writ petition is disposed of. No order as to costs 4 As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR NOTE: That the Petitioner No' 2 is included in the- Caqse Title in ti#=" ;ri;-ii;it P"tiiil". is-imenueo as per the c'o dated 'irn",ii"l ordei shatl substitute the earlier order "" -' 08.07.2025 in I A No. 2 ot 2025 wt ictr iras aiie.ty r"en dispatched on 0110712025 Tht; //TRUE COPY// S S NIVASA REDDY T REGISTRAR S CTION OFFICER To,

1. 2. c. 4 5 6 7 8 The PrinciPal Secretary' Revenue DePartment, SecretEri at, T.S.,HYderabad The Chief Commissioner of Land Ad mtn istration, Governm ent of Telangana, Secretariat, HYderabad. Y;; Dl;ffii s,l.ev slttrement and Land Records' vikarabad District' Telanoana. iif nK."nr" Divisional Officer, Vikarabad District ih" Oi"trict Collector, Vikarabad District, I elanganl - H:[t?5'gfl ib.inulyrgt'J'Y'E[':&139T""[b"i"r Yil ;6"'i""c'i Fon nEvgr'ruE ft-ign court tor the State of relangana at Hvderabad [OUT]

9. Two CD CoPies B lvl GJP HIGH COURT DAT ED:1710612025 0810712025 \ \ 'I - --, :: :=i=!-::\ , ,rit i' \ C \ i I i I AMENDED ORDER WP.No.16462 of 2025 2 0 sEP 2025 \ DISPOS!NG OF THE WRIT PETITION WITHOUT COSTS g

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