A Viiava Sarada Reddy v. 1_ State of Telangana

Petition Under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Order, Direction or Writ especially one in the nature of WRIT OF MANDAMUS. a. Declaring the inaction of the Respondents, more particularly the Respondent Nos.4 and 5 herein i.e., the Tahsildar and Mandal Surveyor respectively, in not conducting a survey and demarcating the Petitioner's land despite Petitioner making an application in the prescribed format and paying appropriate fees vide Application No. DER022501 160959, dated 1 1-04-2025. I 7 further submit that the said inaction of the Respondent Nos. 4 and s is contrary to the circulars issued by the commissioner of Survey, setflements and Land Records, Government of relangana (the then Andhra pradesh) vide circular No. N11124712006, dated'18-07-2006 and circutar bearing Rc.No.M1/1408/2oo7, dated 13-07-2007 as welr as being rn contravention of the Judgment passed by this Horible court in w.P No. 33290 of 20i3, w.p No. 32785 of 2022 and w.p No. 1058'l of 2023. Further, the inaction of the Respondents in not conducting a survey and demarcating my land pursuant to Application No. DER022501 160959, dated.14l1112025 is chalenged as being bad, arbitrary, high-handed, iilegar, unconstitutional, violative of Article 14, 21 and 300-4 of the constitution of lndia. That apart, the said action is also cha enged as contrary to the principles of Natural Justice b.consequenUy, direct the Respondent Nos.4 and 5 to conduct survey, demarcate and sub-divide the subiect rand i.e-, rand admeasuring Ac_ 0 - 23 Gts in Sy. No. Sy. No. 436 pqrt and 437 part, situated in Bowrampet Village, Gandimisamma Dundigar Mandar, Medchar-Markajgiri District (earrier part of Ranga Reddy District). |.A.NO:1 OF 2025 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to direct the Respondents to take action in pursuance of the F-Line Application No. DER022501 1 60959, dated 1 1 -O4-2O25. 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 following ORDER a ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.171OO of 2O25 This writ petition is filed seeking following reliet "For the reasons stated in the accompanying Affidavit, 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: a. Declaring the inaction of thc Respondents, more particularly the Respondent Nos. 4 and 5 herein i.e., the Tahsildar and Manlal Surveyor respectively, in not conducting a survey and demarcating the Petrtioner's land despite Petitioner making an application in the prescribed format and pa,ving appropriate fees vide Apptication No. DERO22S0i 160959, dated ll-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 Reco'rds, Government of Telangana (the then Andhra pradesh) vide Circular No- Nll1247/2006, dated I8-O7-2006 and Circular bearing, Rc.No.Ml/ AOA/2OO7, datcd 13-07 2OO7 as well as being in contravention of the Judgment passed by this tlon'ble Court in w.P. No. 33290 of 2013, W.P No. 32785 ot 2022 and 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. DERO225O I 160959, dated ll-o4-2o25 is challenged as being bad, arbitrary, high- handed, illegal, unconstitutional, violative of Article 14, 2l 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., Iand admeasuring Ac. 0-23 Gts in Sy. No. 436 part & 43? paft, situated in Bolvrampet Village, Gandimisamma Dundigal Mandal, Medchal- Malkajgiri District (earlier part of Ranga Reddy District). c. and pass any such other order or orders as the Honble Court deems fit and proper in the circumstances 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.23 guntas in Survey Nos.436 part and 437 part, situated at Bowrarnpet Village, Gandimisamma !-\---.1 2 CVBR, J w.P.No.1710O of 2025 Dundigal Mandal, Medchal-Malkajgiri District (for short, 'the subject land'), having purchased the same through registered Sale Deed uide Document No.22Og5 0t 2006 dated 18.10.2006. lt 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.DER0225O 1160959 dated 1I.O4.2025 to respondent Nos'4 and 5, by paying requisite fee to conduct "r*.y of the subject land and lix 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 hxation 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 of the 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 3 CVBR, J W.P.No.171OO of 2O25 following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries. '

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, l3r7 Fasli (Act No. vIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rures framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting "r.h "r-.y" are required to submit specific documents, and if the conditions stipulated in the circulars are fulfilled, the survey aI,d boundar5r lxation may be conducted. The commissioner, survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time uide Rc.No.N 1 /6543/99 dared 25.OZ.2OO t, Rc.No.N I / 140 8 / 07 d,ated 13-07.2oo7 and Rc.No.N2/rz4r/2o1o dated l8.o5.2olo sripulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulhlis all the conditions of the said circular, it is I I an obligation for the respondents to conduct survey within the time specified 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 urde No.DERO 22sol l6ogsg .- \ -.-- .1 4 CWR,J W.P.No.171OO of 2O25 dated 11.O4.2O25 submitted for conducting survey and demarcation by hxing boundary stones to the subject land of the petitioner and if the petitioner fulhlls all 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 and after considering their objections, the respondent authorities shal1 conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With the above obsdiwations, this Writ Petition is disposed of There shall be no order as to costs. Miscellaneous applications pending, if any, shail stand closed. //TRUE COPY// SD/ BHAVANI SWAMY ANT REGISTRAR SECTION OFFICER t Building, The Principal Secretary, Revenue DePartment, Se Secretariat, State of Telangana at Hyderabad The District Collector, Ra nga Reddy District, Office at, lntegrated District Offices ComPlex, Keesara Mandal, Medchal-Mal kajgiri District. The Revenue Divisional Officer, Malkajgiri Divisio n, Medchal - Malkajgiri District. ine iansitoar, Gandimaisarnma Dundigal tvlandal, Medchal - Malkajgiri District. ine UanOat Surveyor, Gandimaisamma Dundigal Mandal, Medchal - Malkajgiri District. iwo Cbs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI oill cC to snt n.irn.ln CHANDRA SHEKER GoUD, Advocate [oPUC] Two CD Copies To

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7. o. SA CJP HIGH COURT DATED:2010612025 ORDER WP.No.17100 of 2025 .t r;.'. ,i, 1: C) (J _L- 1 0 itjl 2025 -s Iaa t DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. { p