✦ High Court of India · 02 Jul 2025

High Court · 2025

Case Details High Court of India · 02 Jul 2025
Court
High Court of India
Decided
02 Jul 2025
Bench
Not available
Length
1,397 words

Petition under section 151 cpc praying that in the cir.Jmstances stated in the affidavit filed in support of the petition, the High cor may be pleased pleased to direct the Respondent Nos. 4 & 5 to consider the rl nline Application for Appeals on Demarcation through vide No.A0D022sooo714gi dated. 08.05,2025 and to conduct the survey and demarcation and fix th. boundaries to the agriculture land of the petitioner to an extent of Ac.l] c0 Gts in Survey Nos.590i 1Al2 and 590/1 82, which is situated at Murkar r or Viilage, Bheem Devarapally lvlandal, -lanumakonda District pending disposal rf the writ petition. '1 Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondents : SRI L.RAVINDER, AGp FOR ?EVENUE The Court made the following: ORDER ---Fry / HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.18719 of 2025 ORDER: This u,rit petition is hled seeking to declare the action of respondent Nos.4 and 5 in not considering the application for appeals on demarcation, dated 08.05.2025 submitted by the petitioner seeking for conducting survey and demarcation of the Iands to an extent of Ac.1.00 guntas in Sy.No.590 llA/2 and Ac.2.OO guntas in Sy.No.590 llB2 in total admeasuring Ac'3.00 guntas situated at Mulkanoor Village, Bheem Devarapally Mandal, Hanumakonda District and non-initiating to fix the boundaries to the petitioner's land, as illegal, arbitrary axd violative of the Articles 14, 15, 2l and 3OO-A of the Constitution of India and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the lands to an extent of Ac.1.00 guntas in Sy.No.590/ 7Al2 and Ac.2.00 guntas in Sy.No.590 llB2 in tolal admeasuring Ac.3.OO guntas situated at Mulkaloor Village, Bheem Devarapally Mandal, Hanumakonda District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also ? ! - llt?ttti "rl .'.l -r issued e-pattadar pass book bearing No. T2 IC ()091628 uide Khata No.60446 under the provisions of the Telac gana Rights in Land and Pattadar Passbooks Act,2O2O. It is furlher case of the petitioner that due to abnormal increase of the 1€ nd price some of the neighbouring land owners have started Cisturbing the boundaries of the subject land and as such, thr: petitioner had submitted application for appeals on demat cation, dated

08.05.2025 1o conduct the survey and demzrcation of tl-re subject la:rd and fix the boundaries. The gri:," ance of the petitioner is that even after receiving the said rrpplication, the respondent authorities are not conducting surwel and h-xation of the boundarir:s.

3. Considered the submissions of the learned ,:ounsel for the petitioner; S ri L. Ravinder, learned Assistart Government Pleader for Flevenue appearing for the respond :nts and with their consent this writ petition is disposed of a1 the admission stage.

4. Learned counsel for the petitioner submitte< that the total rakba is l\c.3.OO guntas and the same is sub-divided into various sub-division numbers, and the petitioner s the orrr.ner of the subjecl la.nds. It is further submitted that i-r terms of the circulars issued b1, the Commissioner, Survel.', S r ttlements ancl . -_1_. k7 -, 3 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 application submitted by the petitioner by following due procedure laid down under lalv and conduct survey ald demarcate the subject land by hxing 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 Telargana Land Revenue Act, 7377 Fasli (Act No. VIII of L3l7 Fasli), the Telangana Survey and Boundaries Act, 7923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (freld 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 be con ducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant 4 l circulars from time to time vide Rc.No'N I 16513199, daled 25.O7.2001, Rc.No.N1/ I4O8l07, dated 13'A'7 2OO7, and Rc.No.N2/ 174) l2OlO, dated 18 05.201O stirulating the conditions for t:onducting survey of private lands a:rd as per the said circulars, if the applicant fulhls a1l the conr itions of the saicl circulan, it is an obligation for the authoritre s to conduct survey u'ithin the time specified in the sald circular';'

7. In view of the aforesaid discussion, this C<'urt deems it appropriate to dispose of this writ petition directinl' respondents Nos.4 and 5 to examine the petitioner's applicati'rn for appeals on demarcation uid.e No.AODO225OOO71,487 , date.1 08 O5'2O25 submitted .for conducting survey and demarcat on by fixing boundary stones to the petitioner's lald to an exl-('nt of Ac 1'00 guntas in Sy.No.590/ 1A/2 and Ac.2.00 guntas in Sy.No.590/ 1B2 in total admeasuring Ac.3.00 guntls situated at Mulkanoor Vi11age, Bheem Devarapally Mandai, F anumakonda District and if the petitioner fulfils all the conditicns mentloned in the circttlars issued by the Commissicner, Survey, Settlements and Land Records from time to tlmt: after issuing notices to al1 1.he persons interested and adjacent lattadars and after consider:.ng their objections, respondent Nor; 4 and 5 sha11 ) conduct survey of the aforesaid land, within a period of three (3) months 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 9 As a sequel, the miscellaneous petition_"=gramg, if any. shall stand closed. //TRUE COPY// S S MALLIKARJUNA KAO SISTANT REGISTRAR SECTION OFFICER To,

1. The Princioal Secretary, Revenue Department' Secretariat Building'State of Telangana, Secretariat, HYderabad

2. The District Collector, Hanumakonda, Hanumakonda District 3. The Revenue Divisional Officer, Hanumakonda Division' Hanumakonda District

4. The Assistant Director of Survey and Land, Hanumakonda District 5. The Tahsildar, Bheem Devarapally Mandal, Hanumakonda District 6. One CC to SRI RAPOLU BHASKAR, Advocate lOPUCl 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana' B, Two CD Copies. BSK PVL w 1 HIGH COURT DATED:0210712025 t"',.',\ Il lii 2925 -t. \. ORDER WP.No.18719 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS '...{} Xrdf

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