High Court · 2025

Judgment

3. 4 5 State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Secretariat, Hyderabad. District Collector, Ranga Reddy District, Office at. lntegrated District Offices Complex, Keesara Mandal, Medchal-Malkajgiri District. The Revenue Divisional Officer, Malkajgiri Division, Medchal - Malkajgiri District. The Tahsildar, Gandimaisamma Dundigal Mandal, Medchal Malkajgiri District. The Mandal Surveyor, Gandimaisamma Dundigal Mandal, ivledchal - Malkajgiri District. ...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 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. DER022501160950, dated 11-04-2025. 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 Telangana (the then Andhra Pradesh) Circular bearing Rc.No.M1/14081 2007, dated 13-07-2007 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 and W.P No. 10581 of 2023. Furthet, the inaction of the Respondents in not conducting a survey and demarcating my land pursuant to Application No. DER022501160950, dated 11-04-2025 is challenged as being bad, arbitrary, high-handed, illegal, unconstitutiona l, violative of Article 14,21 and 300-A of the Constitution of lndia. That apart, the said action is also challenged as contrary to the principles of Natural Justice. b.consequently, direct the Respondent Nos.4 and 5 to conduct survey, demarcate and sub-divide the subject land i.e., land admeasuring Ac.0 - 24 Gts in Sy. No. Sy. No. 436/4 Part and 4371A Part, situated in Bowrampet Village, Gandimisamma Dundigal Mandal, Medchal-Malkajgiri District (earlier part of Ranga Reddy District 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 take action in pursuance of the F-Line Application No. DER022501 160953, dated 1 1 -04-2025 Counsel for the Petitioner: SRl. A RAJA CHANDRA SHEKER GOUD Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER ( ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1 7572 of 2o25 This rvrit petition is filed seeking following relief: "For the reasons stated in the accompanYrng Affidavit, it is therefore prayed that this Hon'ble court may be pteasecl to issue orcler, Direction br writ especiall) 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 Surve,vor respectivel-y, in not conducting a surwey and demarcating the Petitioner's land clespite Petitiorler rnaking an appllcation in the prescribed format aud paying appr-opriate fees vide Application No' DDRO22501 160950, dated 11 04-2025.1 rurther submit that the said inaction oI the Respondt:nt Nos. 4 and 5 is contrary to the circutars issued by the commissioner of Survey, Settlements and Land Records, (iovernment o['lelatrgatra (the then Andhra Pradesh) Circular bearing, Rc.No.Ml/1408/2007, dated 13-07 2OO7 as rvell 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 arld W P. No. 10581 of2O23 Further, the inaction ofthe Respondents in not conducting a sun'ev and demarcating my tand pursuant to Applicatton No. DERO2250 1 l609 50, datccl 1l-O4 2025 is challenged as being bad, arbitrary, high-handed, illegal, unconstitLr lional, violative of Article 14, 2l anri 3O0-A of the constitution of Tndia- 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 sun'ey, demarcate and sub-divide the subject tand i.e., Iand admeasuring Ac. O-24 Gts in Sy No 436/A Part and 437 /A Part, situated in Bowrampet Vrllage, Gandimisamrna Dundigal Mandal, Medchal- Malkajgrri District (earlier part of Ranga Reddy District)' c. and pass any such other order or or.lers as the Hon'ble Court deems fit and proper in the circumstances of the case and in tlte interest ofjustice "

2. It is stated that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Acs. 0.24 guntas in Survey Nos.436/A Part and 437 lA Part, situated at Bowrampet Village, Gandimisamma Dundigal Mandal, Medchal Malkajgiri District (for short, 'the 2 CVBR, J W.P.No.17572 of 2025 r;, subject landJ, having purchased the same through registered Sale Deed urde Documcnt No.22 158 of 2006 dated i9. ro.2006. It is further stated that the name of the petitioner was reflected in all the revcnue records zrs pattadar. It is further stated that the pctitioner has submitted F_Line application No.DERO225O 1 160950 dated I l.O4.2O2S to respondent Nos.4 and 5, by paying requisite fee to conduct survey of the subject land and fix the boundaries. The grievance of the petitioner is that even after rcceiving the said F-Line application, respondent Nos.4 and 5 are not conducting survel. and fixation ol the boundaries. 3- Considered the submissions of thc learned counscl for the petitioner and learned Assistant Government pleadcr for Revenue appeari.g for the respondents and with their consent tlris writ petition is disposed of at the admission stage.

4. Learned counsel for the petitioner has submitted that in terrns of the circulars issued by the Commissioner, Survey, Settlemcnts and Land Records' the respondents are bound to consider the application *,ithin 45 days from the date of the application after collecting necessary charges. 5, Learned Assistant Government for thc respondents has submitted that consider thc aforesaid F_Line Pleader for Revenue appearing the respondent authorities will application submitted by the petitioner by down under law and conduct survev ancJ following due procedure laid demarcate the subject land by hxing boundaries Yy./ 3 CVBR, J W.P.No.17572 of 2O25

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, 1317 Fasli (Act No. VIll of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in [he circulars are fulfilled, the survey and boundary fixation may be conducted. Thc 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 dated 25.O7 .2OOL, Rc.No.N I / 1408/07 dated

13.O7.2OO7 and Rc.No.N2l174l l2OlO dated 18.05.201O stipulating the conditions for conducting survey of private lands and as per the said I I circulars, if the petitioner fulfills all the conditions of thc said circular, it is 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 uzde No.DER0225O 1 160950 dated 1 I .O4 .2025 submitted for conducting survey and demarcation by fixing boundary stones to the subject land of the petitioner and if the 4 CVBR, J W.P.No.17572 of 2025 q petitioner fulfills 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 intcrested and adjacent pattadars and after considering their objections, the respondent authorities shall conduct survey of the aforesaid land, within a period of eight 1Sy *."t from the date " of receipt ol a copy of this order.

8. With thc above observations, this Writ petition is disposed of. There shall be n<; order as to costs. Miscellaneous applications pcnding, if any, shall stand closed. //TRUE COPY// SD/.A, SRINIVASA REDDY S TANT REGISTRAR SECTION OFFICER T o, 2

4. 5. 1 The Principal secretary, Revenue Department, secretariat Buirding, Secretariat, T.S.. Hvderabad. The Diskict Colleitor, Ranga Reddy District, Office at. lntegrated District off ice_s Com p tex, Keesa ra vi naa I ut6o Jrril-vi rr-, iqi; o i.tri"t. The Revenue Divisionar officer, N,larxalgiri DivGion, MeoJn"r - Markalgiri District. The Tahsildar, Gandimaisamma.Dundigar Mandar, Medchar Markajgiri District. The Mandal Survevor Gandimaisa"mm;-Du;dii;;i fr,lanOii,--n,,teOCnai-'- Malkajgiri District. 9n" 9Q to SRt. A. RAJA CHANDRA.SHE_KER GOUD, Advocate [OpUCl Two ccs to Gp FoR REVENUE ,nisn Eourt r"itn"'stii" Hyderabad [OUT] - Two CD Copies "ribirnili, ,t

6. 7. 8 BM LS HIGH COURT DATED:2410612025 lhE S i,t 10 Jtlt lffi o * (. 'r .l!, {.t ORDER WP.No.17572 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ \0