High Court · 2025

Judgment

1. 2 4 o ...PETITIONER 3::.:,t:lflill?3l"tf#, Rep bv its Principat secretary Revenue Department *:rX"ffitt? B',:i?i8i'' orrice r' Rajend r anasar Divisio n Rajend ranasa r *i"ff :i&:'iHf"t;H"%;tJ?Jlds,Records,Ra jendranagarDivision The Deputy rnspector of survey and Land Records, Rajendranagar Division The Tahsildhar, Gandipet Mandal Gandipet Ranga Reddy District The Mandal Surveyor, Gandipet [\ilandal Gandipet Ranga Reddy District ...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ, order or direction more particurarry one in the nature of, writ of Mandamus decraring the inaction of the respondents in not considering the Petitioners Appears on Demarcation Apprication No. A0D022500072785 dated 2310612025 and representations dated 23-o6-202s to conduct the sub Divisional survey and Demarcation of the rand by fixing boundary stones of the agricurturar land in Sy.No. l0tAt6AAtA to an extent of Ac.0- 04 Guntas situated at Khanapur Village Gandipet Mandar Ranga Reddy District contrary to the provisions of the Andhra Pradesh / --elangana survey Boundaries Act 1923 unconstitutiona I and consequently direcl the Respondent authorities to conduct the Sub-Divisional Survey and demarcation of the land by fixing boundary stones as per the Petitioners Demarcation Application no A0D022500072785 dated 2310612025 and re presentations, dated 23-06-2025 in respect of the agricultural land in sy.No..10/A/64A/A 1o an extent of Ac.0-04 Guntas situated at Khanapur Village Gandipet [\zlandal Ranga Reddy District. tA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to direct the respondents to conduct the sub-Divisional Survey and demarcation of the land by fixing boundary stones as per the Petitioners Demarcation Application no A0D0225000721'85 dated 2310612025 and representations, dated 23-06-2025 in respect of the allricultural land in Sy.No.10/4/644/4 to an extent of Ac.0- 04 Guntas situated at Khanapur Village Gandipet Mandal Ranga Reddy District, pending disposal of the main writ petition. Counsel for the Petitioner : SRI HARSH KUMAR ASTHANA Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHAS KAR REDDY WRIT PETITION No.1843 3 of 2025 ORDER: This writ petition is hled seeking following reliet "For the reasons stated in the accompanying affidavit, it is prayed that this Honble Court may be pleased to issue any writ, order or direction more particularly one in the nature of, Writ of Mandamus declaring the inaction of the respondents in not considering the petitioners Appeals on Demarcation Application No. AODO225OOO7278S dated 23/06/2025 and represenrations dated 23-06-2(,25 to conduct the Sub Divisional Survey and Demarcation of the land by fixing boundary stones of the agricurturar land in sy-No. l0 rA/6AA/ A to an extent ot Ac.o 04 Guntas situated at Khanapur Village Gandipet Mandal Ranga Reddy District contrary to the provisions of the Andhra pradesh / Telangana Sur_vey Boundaries Act Ig23 unconstitutional and consequentry direct the Respondent authorities to conduct the Sub-Divisional Survey and demarcation ot the tand by fi_ring boundary stones as per the Petitioners Demarcation Apprication no AoDo225000 72785 dated 23/06/2025 and representations, dated 23-06-2025 in respect of the agricultural land in Sy. No.1O/A/6AA/A to an extent of Ac.O 04 cunras situated at Khanapur Village Gandipet Mandal Ranga Reddy District and pass such other order or orders as this Honttle Court may deem fit and proper in the circumstances ol the case.,,

2. It is stated that the petitioner is the owner and possessor of agricultural land admeasuring to an extent of Acs. 0.04 guntas in Survey No.1O/A/6AA/A, situated at Khanapur Village, Gandipet Mandal, Ranga Reddy District (for short, 'the subject land,) and his name is recorded as pattadar in all the revenue records and the revenue authorities also issued pattadar passbook in his favour under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2o2o. It is further stated that due to abnormal increase of the rand price, some of the neighbouring land owners have started disturbing the boundaries ofthe subject land and as such, the petitioner has submitted application for Appeals on Demarcation uide Application No.A0Do22sooor2z8s d.ated, 23.o6.2025 to the respondent 2 : ". \ W.P.No. 18433 of 2025 CVBR, . -ii \ \ authorities, by paying requisite fee for conducting survey of the subject lanrl and fix the boundaries. The grievance of the petitioner is that even after re ceiving the sai,C application, the respondent authorities are not conducting survev and lix rl- e boundaries.

3. Considered the submissions of the learned counsel for the petitioner and le arned Assistant Government Pleader lor Revenue appearing for the respondernts and with their consent, this writ petition is disposed of at tl-re admissror stage.

4. Learned counsel for the petitioner has stlbmitted that in terms of the circular issued by the commissioner, Survey, Settlements and Land Records, the re:;pondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges'

5. Lcar-ned Assistant Government Pleader for Revenue appearlng for the respon<Ients has submitted that the respondent au[horities will consider the aforesaid application submitted by the petitioner by following due procedurc 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 survcy and demarcate lands in accordance with the provisions of the Telangana L,and Revenue Act, 1317 Fasli (Act No. VIIi of l3l7 Fasli), the Telangana Surluey and Boundaries Act, 1923, and the Rules framed thereunder. Th,: Government has issued various circulars specifying the 3 CVBR, J W.P.No.18433 of 2O25 conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fullilled, 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 relevant circulars from time to time uide Rc.No.N1 /6543 / 99 dated 25.O7.2OOt, Rc.No.N 1 / 1408/07 dared 13.07.2OO7 and Rc.No.N2l1741 /2OlO dated 18.O5.2O1O stiputating the 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 specihed in the said circulars.

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities to examine the petitioner's application for appeals on demarcation uide Application No.A0DO225OOO72ZBS dated 23.06.2025 submitted for conducting survey and demarcation by hxing boundary stones to the petitioner's land admeasuring to an extent of Acs. 0.04 guntas in Survey No.10/A/6AA/A, situated at Khanapur Viliage, Gandipet Mandal, Ranga Reddy District and if the petitioner fuifils 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 -rttr--\i \" .sffiffi*'r"el i-u:d 'r '\ :...:.: ; 4 CVBR,.'. W.P.No.18433 of 2025 respondent auth.orities shall conduct survey of the aforesaid larid, within a period of eight (Ct8) weeks from the date of receipt of a copy of this order.

7. WittL the above observations, this Writ Petition is disposed of There shall be no order as to costs Misce llaneous applications pending, if any, shall s SDI /$sr i\r ,1 WAMY BHAVAN rAur RectstRen \ ECT ION OFFICER //TRUE COPY// To, 1 2 Hyderabad. The Principal Secretary Revenue Department Secretariat' State of Telangana' The ReverLue Divisional Officer' Rajendranagar Division Raiendranagar Ranga Red'lY District Records' Raiendranagar Division l#::,arg3l#*?H!'r"5i,?li"lund' t""o Reco rd s', Rajend ran a gar Divisio n 4 E 6 7 8 9 lE"r",g'" J, J,'e::Bi R:8JiSL,?,:f TheTahsilrihar,GandipetMandalGandipetRangaReddyDistrict The Mandarl Surveyor, Gandipet Mandal Gandipet Ranga Reddy District One CC to SRI HARSH KUMAR ASTHANA' Advocate tOPUCl Two CCs to GP FoR REVENUE, High Court for the State of Telangana louTl Two CD CcPies BSK PVL HIGH COURT DATED:0110712025 22SEPM \-'rtrs -' t.i\:____:-- ORDER WP.No.18433 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\