✦ High Court of India · 20 Jun 2025

A. Varaprasad Reddy v. The State of Telangana

Case Details High Court of India · 20 Jun 2025
Court
High Court of India
Decided
20 Jun 2025
Bench
Not available
Length
1,559 words

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. DER022501'160953, dated 11-04-2025. 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) vide Circular No. N11124712006, dated 18-07-2006 and Circular bearing Rc.No.M1/140812007, dated 13-07 -2001 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 ot 2022 and W.P No. i 10581 of 2023. Further, the inaction of the Respondents in not conducting a survey and demarcating my land pursuant to Application No. DER022501 160953, dated 11-O4-2O25 is challenged as being bad, arbitrary, high-handed, illegal, unconstitutional, 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 & 5 to conduct survey, demarcate and sub-divide the subject land i.e., land admeasuring Ac.0 - 33 Gts in Sy. No. 471 , situated in Bowrampet Village, Gandimisamma Dundigal Mandal, Medchal- Malkajgiri District (earlier part of Ranga Reddy District). lA NO: 1 OF 2025 Petition under Section 1 51 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 1 60953, daled 1 1 -04-2025 Counsel for the Petitioner: SRl. A RAJA CHANORA SHEKER GOUD Counsel for the Respondents: AGP FOR REVENUE The Court made the following': ORDER .lgs|*= THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. 17098 of 2o25 ORDER: This writ petition is hled seeking following relief: "For the reasons stated in the accompanying Afirdavit, 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 the Respondents, more particularly the Respondent Nos. 4 and 5 herein i-e., the Tahsildar and Man4pl 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. DERO22501 160953, 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 Recor'ds, Government of Telangana (the then Andhra Pradesh) vide Circular No. N1/1247 l2006, dated 18-07 2O06 and Circular bearing Rc.No.M1/1408/2OO7, dated 13-O7-2OO7 as well as being in contravention of the Judgment passed by this Hon'ble Court in W.P. No. 3329O of 20i3, W.P No. 32785 of 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. DER022501 160953, dated 17 O4-2O25 is challenged as being bad, arbitrary, high- handed, illegal, unconstitutional, violative of Article 14, 21 ar,d 300-A of the Constitution of lndia. That apart, the said action is also chatlenged 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. 0-33 Gts in Sy. No. 471, situated in Bowrampet Village, Gandimisamma Dundigal Maldal, Medchat-Matkajgiri District (earlier part of Ranga Reddy District). c. and pass any such other order or orders as the Hontrle 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.33 guntas in Survey No.471, situated at Bowrampet Village, Gandimisamma Dundigal Mandal, I \ 2 CVBR, J W.P.No.17098 of 2O25 Medchal-Malkajgiri District (for short, 'the subject landJ, having purchased the same through registered Sale Deed uide Document No.6271 of 2OOO dated 16.O8.2000. 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.DER022501 160953 dated

11.04.2025 to respondent Nos.4 and 5, by paying requisite fee to conduct survey of the subject land and frx 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 firxation of the boundaries.

3. Considered the, submissions of the learned counsei for the petitioner a-nd 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 t].e 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 and demarcate the subject land by fixing boundaries. a CVBR, J W.P.No.17098 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. VIII of l3l7 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars speci[ring 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 fulfilled, the survey and boundary hxation may bc conducted. The Commissioner, Survey, Settlements and Land Recgrds, exercising powers under the Telangana \ Survey and Boundaries Act, 1923, issued relevant circulars from time to time uide Rc.No.N 1 /654 3 / 99 dated 25.OT .2OO t, Rc.No.N 1 / t40 8 / OZ dared t3.O7.2OOT arld Rc.No.N2/1741/2OtO dated 18.05.201O sripulating the conditions for conducting survey of private lands ald as per the said I 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 specified in the said circulars. T. 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 uide No.DER022SOl160953 dated 1 I .O4.2O25 submitted for conducting survey and demarcation by fixing boundary stones to the subject land of the petitioner and if the I --\', 4 CVBR, J W.P.No.17098 of 2025 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 interested and adjacent pattadars and after considering their objections, the respondent authorities shall 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 observations, this Writ Petition is disposed of' There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed' //TRUE COPYII SD/.A. SRINIVASA REDDY STANT REGISTRAR SECTION OFFICER To, 1 2 3 4 5 6 7 8 KKS LS The 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 Malkalgiri District. The Tahsildar, Gandimaisamma Dundigal Mandal, Medchal - Malkalgiri District. The Mandal Surveyor, Gandimaisamma Dundigal Mandal, Medchal - Malkajgiri District. One CC to SRl. A RAJA CHANDRA SHEKER GOUD Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. Two CD Copies HIGH COURT DATED:2010612025 EHTRo 14s Y o (tJ t * j01 t U 2t6 Iz +* t reH ORDER WP.No.17098 of 2025 I DISPOSING THE WRIT PETITION WITHOUT COSTS \ \ ?r \0

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