✦ High Court of India · 04 Jul 2025

High Court · 2025

Case Details High Court of India · 04 Jul 2025
Court
High Court of India
Decided
04 Jul 2025
Bench
Not available
Length
1,204 words

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ more appropriately Writ of lvlandamus declaring the inaction of the Respondents 4 and 5 in not considering the F-Line Application(DERO22501126814) dated. OG|O112025 for conducting the joint survey and fixing the boundaries in respect of property admeasuring about Ac.2-31 Gts in Sy. No. 268 situated at Edulabad Village, Ghatkesar lt/andal, Medchal-Malkajgiri District, is as illegal, arbitrary, contrary to law and violation of Articles 14, 15, 16,21 and 300-4 of Constitution of lndia and consequently direct the Respondents 4 and 5 to conduct survey and fix the boundaries in respect of properties admeasuring about Ac. 2-31 Gts in Sy. No. 268 situated at Edulabad Village, Ghatkesar lt/andal, IVedchal-Malkajgiri District in the interest of justice. lA NO: 1 OF 2025 Petition r.rnder Section 151 CPC praying that in the c:ircumstances stated in the affidavit f iled n support of the petition, the High Co rrt may be pleased to direct the Resp,ondents 4 and 5 to conduct survey and fi;< the boundaries in respect of properties admeasuring about Ac. 2-31 Gts in Sy No. 268 situated at Edulabad Village, Ghatkesar [Vlandal, [Vledchal-[/la lkajr: i .i District, pending disposal of the rnain writ petition, in the interest of justice. Counsel for the Petitioner: SRI M.A.MUJEEB Counsel for the Respondents: SRI L.RAVINDER, AGP FOFI IREVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PETITION No.190 20 of 2025 ORDER: This writ petttion is filed secking to declare the action of the respondents in not considcring thc F_Line application, dated 06.01.2025 submitted by the petitioner seeking to conduct survey and demarcation o[ thc land to .llt exlenl of Acs.2.31 guntas in 51,.No.268, siruatcd Edulabad Villagc, Ghatkesar Mandal, Mcdchal-Malkajgiri Districr, as illcg.rl, arbitrary and violative of the Articles 1.+, 15, 16, 2l anci 3OO A oi rhc Constitution of India and lor other appropriate rclic ls.

2. It is stated rhat lhe petilioner is the pattadar and possessor ol the agricurltural larncl to an cxtent of Acs.2.31 guntas in Sr'.No.268, situated Edulabad Village, Ghatkesar Mandal, Medchal-Malkajgiri District, along,"vith other lands. It is further stated that the name of thc pctitiolter \\,,as reflected in all the revenlle records as pattadar and the revenue authorities also issucd e-pattadar pass book bearing No.TO6O50 l7l12S uid.e Khata No.3572 undcr the provisions of thc 'I'elangana Rights in Land and Pattadar Passbooks AcL, 2O2O. It is further stated that when the neighbouring land ou,ners started disturbing the boundaries of the subject land, the pe titioncr had submitted F_Lrne application, uvBtt. .l \\/p _t9020 2025 dated 0{1.01 2025 to respondent No.4, by payu-.gr requisite fee to conduct suruey of the subject land and fix thc brundaries. The grievance of the petitioner is [h:rt cven after re.cr:.ving the said F-- Line applica tion, the respondent authorities ilr lt not conductlng survey and fixation ol the boundaries.

3. Cc,nsidered the submissions of the learr-ierl counscl for the pelitioner and learned Assistant (]overnmcllt l, c:iCer for Revenue appcarin g lbr the respondents ancl rvith thcir r:r ,nscnt this u-rit petition :s disltoscd of at the :rdmission slagc.

4. LearneC counsel for the petitioner has submi[ted that in terms of the circular issued by thc Comltrs sioner, Survey, Scttlements and Land Records, thc respondel _:i are bound to consider the application rvithin 45 davs lron the tl:rte of the applicati,tn after collecting ncccssary charges.

5. Sri L.l?avinder, learned Assistant Govern'n,:nt plearier lor Rcvenuc appearing for the respondenls has su ltrnitlecl that the respondcnt authorities rvill consider the i: foresaid F._Line application sr-rbmitted by the petitioncr by fo[or,r,r r1:, due procedure laid dow'n under law and conduct survel. al'rr1 demarcate the subject land by fixing boundaries -) (r. CVBR, J wp 19020 2025 It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance u,ith the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 13i7 Fasli), the l.clangana Survey and Boundaries Lct, 1923, and the Rules framed thcreunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys. Individuals requesting such survevs are required to submit specific documents, and if the conditions stipulated in the circulars are fulfitled, the survev and boundar,_v lixation may be conducted. The Commissioner, Survcy, Settlements and Land Records, exercising powcrs under the Telangana Survel. and Boundaries Act, 1923, issued relevant circulars from tirne vide Rc.No.Nl/6543/99, dated 25.O7.2OOl, Rc.No.N1/ l4O8 I OZ, dated 73.O7.2OO7, and Rc.No.N2l 174tl2OtO, dated 18.05.201O { * stipulating the condilions for conducting survcy of private lands and as per the said circulars, ii the petitioner fulfils all the conditions of the said circular, it is an obligation for the respondents to conducl survey within the time specifled in the said circulars

7. In vierl., of the aforesaicl discussion, this Court deems it appropriate to dispose of this u.rit petition directing respondent + .t- \='." ?!r!re I ;:*&y: Y' CVBT{. J wp 19020 2025 ' No.4 to eramine the petitioner's F -Linc : pplication uide No.TTD[)R022501 126814, dated 06.0i-2O25, in :rccordance wirh the provisiorLs of thc Telangana Survey and Botrtrlanes Act, 1923 and als,r in terms of thc circular instruclior, s issue d by the Commis siont:r, Sur-vcy, SettlemenLs and L:ri :l [iccords for conduct:ng survey on field measuremenl :rlt.t,ications (F-Linc applications), from time to time, \,vi[hin a perio( ] (. f lour (4) r,r.eeks from thr: date o[ receipt of a cop]. of this orrle,, if not alreadl. conduct(ld.

8. W th tl're above observatior-rs, this Writ Pctit on is disposcd of Thcrc shall be no order as to costs

9. As a scquel, the miscellaneous petitions p,:ncling, if an1., shal[ stand closed. I I t To //TRUE COPY// SD/. M. NAGAMANI ASIJISTANT REGISTRAR 4 SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretar at, Hyderabad, State of Telang ana.

2. The District Collector, Medchal Malkajgiri District. 3. The Revenue Divisional Officer, It4edchal l\,4alkajgiri Dislrict 4 5 6 7 The Tahsildar, Ghatkesar Mandal, Medchal Malkajgiri t)i:;trict The Asst. Director, Land and Survey, Medchal lVlalkajg 'i District. One CC tc SRI iV.A.N/UJEEB, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the litate of Telangana at Hyderabad [OUT] Two CD Copies 8 BSR PVLg. .. ;-..,it::,ra.trr,t..!&r&rrr.r,.&&r HIGH COI.JRT DATED:0410712025 ORDER WP.No.19020 of 2025 '.,1- i "ci'i 26 -'.:i' ,. ^ . DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ^

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