High Court · 2025
Case Details
Petition under Articre 226 of the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue order, Direction or writ especially one in the nature of wRrr oF MANDAMUS- a- Decraring the inaction of the Respondents, more particurarry the Respondent Nos.4 and 5 herein i.e-, the Tahsirdar and IVrandar surveyor respectively, in not conducting a survey and demarcating the petitioners rand despite Petitioner making an apprication in the prescribed format and paying appropriate fees vide Apptication No. DER02250'l ,l60965, dated l1-04-202s. I further submit that the said inaction of the Respondent Nos 4 and 5 is contrary to the Circulars issued by the Commissioner of Survey, Settlements and Land Records, Government of rerangana (the then Andhra pradesh) vide circurar No. N11124712006, dated 18-07-2006 and circurar bearing Rc.No.M1/.140 8r2oo7, dated 13.-07 -2007 as we, as being in contravention of the Judgment passed by this Honbre court in w.p No.33290 0f 2013, W.p No. 32785 0f 2o22and w.p No 10581 0f 2023. Further, the inaction of the Respondents in not conducting a survey and demarcating my rand pursuant to Apprication No. DER022501 160965, dated 11-04-2025 is charenged as being bad, arbitrary, high-handed, iregar, uncon stitutional, violative of Article 14. 21 and 300-4 of the Constitution of lndia. That apart, the said action is arso charenged as contrary to the principres of Natural Justice b. consequenfly, direct the Respondent Nos_ 4 and 5 to conduct survey, demarcate and sub-divide the subject rand i.e., rand admeasuring Ac.0 - 34 Gts in Sy. No. 470l AandB andJand admeasuring Ac. 1_.10 gts, in Sy. No. 468, situated in Bowrampet Village, Gandimisamma Dundigal Mandal, Medchal- Malkajgiri District (earlier part bf Ranga Reddy District). l.A.NO:1 OF 2025 Petition under Section 15i cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to take action in pursuance of the F-Line Apprication No. DER022501'160965, dated 1 1 tO4t2O2S. Counsel for the petitioner : SRI A.RAJA CHANDRA SHEKER GOUD Counsel for the Respondents : AGp FOR REVENUE The Court at the stage of admission made the fo owing ORDER /--l THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PBTITION No.17134 of 2O2S ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying Athdavit, it is therefore prayed that this Hon'ble Court may be pleased to issue Order, Direction or Writ especially one in the nature of WRIT OF MANDAMUS:
3. Declaring the inaction of the Respondents, more particularly the Respondent Nos_ 4 and 5 herein i.e., the Tahsildar and Malflal Surveyor respectively, in not conducting a survey and demarcating the Petitioner's land despite Petitioner making an application in the prescribed format ald paying appropriate fees vide Application No. DER022501 160965, dated l1 O4-2O25.1 further submit that the said inaction of the Respondent Nos. 4 and 5 is contrary to the Circulars issued by the Commissioner of Survey, Settlements and Land Recb'rds, Government of Telangana (the then Andhra Pradesh) vide Circular No. Nl/ 1247 /2006, dated 18 07 -2006 and Circular bearing, Rc.No.M 1/ 14O8/ 2OO7, dated ll OZ-ZOOZ as well as being in contravention of the Judgment passed by this Hon'ble Court in W.P. No. 33290 of 2013, W.p No. 32785 of 2022 alrd W.P. No. 10581 of 2023. Further, the inaction of the Respondents in not conducting a survey and demarcating my land pursuant to Application No. DER0225O i 160965, dated ll-O4-2O25 is challenged as being bad, arbitrary, high- handed, illegal, unconstitutional, violative of Article 14, 21 and 30O A of the Constitution of India. That apart, the said action is also challenged as contrary to the principles of Natural Justice b. consequently, direct the Respondent Nos. 4 & 5 to conduct survey, demarcate and sub-divide the subject land i.e., land admeasuring Ac. 0-34 Gts in Sy. No. 470/A&B and land admeasuring Ac- 1-1O gts, in Sy. No. 468, situated in Bowrampet Village, Gandimisamma Dundigal Mandal, Medchal-Malkajgiri District (earlier part of Ranga Reddy Disrrict). c. and pass any such other order or orders as the Hon'bte Court deems frt and proper in the qipsum56ances of the case and in the interest ofjustice..
2. It is stated that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Acs. O.34 guntas in Survey .. No.47olA 6 B, situated at Bowrampet Village, Gandimisamma Dundigal 1 2 CVBR, J W.P.No-17134 of 2025 Mandal, Medchal-Malkajgiri District (for short, 'the subject land'), having purchased the same through registered Sale Deed uide Document No.57O8 of 2000 dated 31.07.2000. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar. It is further stated that the petitioner has submitted F-Line application No.DtrRO225O I 160965 dated I1.O4.2O25 to respondent Nos.4 and 5, by paying requisite fee to conduct survey of the subject la-nd and fix the boundaries. The grievance of the petitioner is that even after receiving the said F-Line application, respondent Nos.4 and 5 are not conducting survey and fixation of the boundaries.
3. Considered the ,submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.
4. Learned counsel for the petitioner has submitted that in terms of the circulars issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date ofthe application after collecting necessary charges.
5. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid down under law and conduct survey arrd demarcate the subject iand by hxing boundaries. _ __-:ili},!:.::<+ I I CVBR, J W.P.No.17134 of 2025
6. It is settled law that the Survey Department has ttre authorit5r to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue AcL, 737T Fasli (Act No. vIII of l3rz Fasli), the TelanSala Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circurars specising the conditions for conducting surveys, .particularly F-Line (lield measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulfiiled, the survey a,d boundary fixation m'dy be conducted. The commissioner, survey, Settlements and Land Remrds, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to tirne uid.e Rc. No.N 1 /654 3 / 99 d,ated, 2S.OT.2OO t, Rc.No.N 1 / 140 8 / OT dated, 13.07.2oo7 and Rc.No.N2 /rz4r/2oro dated 18.05.2o10 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfills all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specifred I I in the said circulars. 7 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent Nos.4 and 5 to examine the petitioner's F-Line application uzde No.DERO 22sol16og6s dated 71.04.2025 submitted for conducting survey and demarcation by fixing boundary stones to the subject land of the petitioner and if the \- _ s.- l 4 CVBR,.J W.P.NI.17134 of 2025 petitioner fulfills aII the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars arld after considering their objections, the respondent authorities shali conduct survey of the aforesaid land, within a period of eight (g) weeks from the date of receipt of a copy of this order.
8. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/. M, OSMAN ALI BAIG STANT REGISTRAR SECTION OFFICER To
5. b. 7 o tariat Building, The Principal Secretary, Revenue Department, Se Secretariat, State of Telangana at Hyderabad. The District Collector, Ranga Reddy District, Office at- lntegrated District Off ices Com plex, Keesara lvlandal, Medchal-Malkajgiri District. The Revenue Divisional Officer, Malkajgiri Division, Medchal - IValkajgiri District. The Tahsildar, Gandimaisamma Dundigal [Vlandal, Medchal - Malkajgiri District. The Mandal Surveyor, Gandimaisamma Dundigal [\/andal, tVledchal - Malkajgiri District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI A.RAJA CHANDRA SHEKER GOUD, Advocate [OPUC] Two CD Copies SA GJP HIGH COURT DATED:2010612025 -1.' t ?0[ ORDER fi*" 17134 of 2025 q 'l t DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 6