✦ High Court of India · 25 Jun 2025

High Court · 2025

Case Details High Court of India · 25 Jun 2025
Court
High Court of India
Decided
25 Jun 2025
Bench
Not available
Length
1,271 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 an appropriate writ, more particularly a Writ of Mandamus, declaring the inaction of Respondent Nos. 3 and 4 in conducting the survey pursuant to the F- Line petition submitted by the petitioner vide Application No. DER022501 126777 (transaction tD No. TTDERo225o11z67T7), dated 06. 0.1. 2025, as arbitrary, illegal, violative of Articles 14 and 300- A of the constitution of lndia, and consequently direct Respondent Nos. 3 and 4 to conduct the survey in pursuance of the F- Line petition vide Application No. DER02 2s01126777 (Transaction lD No. TTDER o22so1126777), dated 06.01 .202s, and to pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of justice. i l . I 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 Respondent Nos. 3 and 4 to conduct the survey in pursuance of the F- Line petition submitted by the Petitioner vide Application No. DER022501126777 (Transaction lD No TTDERO22501126777 ), dated 06.O1 .2025, and to pass such other order or orders as this Honble court may deem fit and proper in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner: SRI B.BAL REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI WSTICE C.V.BHASKAR REDDY WRIT PETITION No.17821 of 2025 ORDER: This writ petition is filed seeking to declare the inaction of respondent Nos.3 and 4 in considering the F-Line application, dated 06.01.2O25 submitted by the petitioner seeking for conducting survey and demarcation of the lald to an extent of Ac.2.OO guntas in Sy.No. 102/A, situated at Shaikapur Village, Zahirabad Mandal, Sangareddy District, as illegal, arbitrary.

2. Considered the submissions of the learned counsel for the petitioner ald 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 petitioner is the owner and possessor of agriculture land to an extent of Ac.2.OO guntas in Sy.No.102/A, situated at Shaikapur Village, Zahirabad Mandal, Sangareddy District, having purchased the same under a registered sa-le deed vide document No.1OO5/2024, dated O2.O8.2024 for a valid consideration.

4. It is further stated that the extent of Ac.2-0O guntas, owned and possessed by him is recorded in the latest revenue 2 . C'r'BR,J W.P.No.77821 of 2025 records as Sy.No.lO2 lA2 and except the petitioner; no.other person has any right, title or interest over the subject land admeasuring Ac.2-0O guntas in Sy.No.102 /A2 of Shaikpur village, Zahir ab ad Mandal, Sangareddy District.

5. It is further stated that in the month of Decernber,2024, assignees of Sy.No.101 of Shaikpur Village. which is Government land, abutting the land of the petitioner in Sy.No.1O2 (a portion of which i.e., Ac.2.36 guntas, is owned and possessed by the petitioner) raised a boundary drspute, which constrained the petitioner to submit an F-Line applrcation No.DER0225O 1126777 (Transaction ID No.TTDER02250l126777) dated 06.O1.2025, seeking to conduct survey. The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and fixation of the boundaries.

6. Learned counsel for the petitioner has submitted that in terms of the circular 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. I /t .l // 3 cvBR, J W.P.No.17827 of 2O25

7. Sri L.Ravinder, 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 survev and demarcate the subject land by fixing boundaries.

8. 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 1317 Fasli), the Telangana Survey and Boundaries Act, L923, and the Rules framed thereunder. The Government has issued various circulars speci$ring 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 the circulars are fulfilled, the survey and boundary fixation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevalt circulars from time to time vide Rc.No.Nll6S43/99, dated

25.07.2OO1, Rc:No.N1/1408/O7, dated t3.O7.2OOZ, and Rc.No.N2/1741/2OtO, dated 18.05.2010 stipulating the 4 C[/BR, J W.P.No.17a21of 2O25 conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils 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. 9 . In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.3 and 4 to examine the petitioner's F Line application uide No.DERO2250I72677 7 (Transaction ID No.TTDERO225O|126777\ dated O6.01.2025 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner's land to an extent of Ac.2.00 guntas in Sy.No.102/A, situated at Shaikapur Village, Zahirabad Mandal, Sangareddy Drstrict and if the petitioner fulfiis all the conditions mentioned in the circulars issued by the Commissioner, Surwey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos.3 and 4 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.

10. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 5 cwR,J w.P.No.17A21 oJ 2025 As a sequel, the miscellaneous petitions pending, if'any, shall stand closed //TRUE COPY// SD/.M. NAGAMANI TANT REGISTRAR SS SECTION OFFICER Ambedkar '1 . The Principal Secretary, Revenue Department, Dr Telangana Secretariat, Hyderabad, State of Telangana.- The District Collector, Sanga Reddy District, at Sanga Reddy, Telangana State. The Tahsitdar, Zahiabad Mandal, Sanga Reddy District, At Zahtabad. The Mandal Surveyor, Zahirabad Mandal, Sanga Reddy District, At Zahkabad. One CC to SRI B.BAL REDDY, Advocate IOPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 2 J 4 5 6 7 PSK. BS HIGH COURT DATED:2510612025 ) ORDER (( ;R 1HE S f4 WP.No.17821 of 2025 2 4 JUL 206 2 :r- t+ -.'i,,,Y' f:O * DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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