The High Court · 2025

HONOI'RABLE SRI JUSTICE C.V.BIIASKAR REDDY WRIT PETITION No.19137 of2o25 ORDER: This writ petition is frled seeking to declare the act-ion of respondents more particularly respondent No.3 in rejecting the petitioner's FJine application vide endorsement dated O8.O5.2OO5 as illegal, arbitraqr, unconstitutional and violative of Articles 14, 21 and 30O-A of the Constitution of India and consequently direct the respondents to conduct survey, demarcate and fix the boundaries by acting upon F-Line application No. DER0225O1 151392, dated 18.O3.2025.

2. It is stated that the petitioner is the absolute owner and possessor of agricultura-l lands admeasuring an extent of Ac.O.22 guntas in Sy.No.248/AA, an extent of Ac.0.19 guntas in Sy.No.247/AA, Ac.O.l2 guntas in Sy.No.253/E, arr extent of Ac.O.25 guntas in Sy.No.113/43 f 2, an exterfi of Ac.O.O3 guntas in Sy.No.254/E1, an extent of Ac.O.OOS guntas in Sy.No.254/A2, an extent of Ac.O.O65O guntas in Sy.No.253/AA1 and an extent of Ac.O.125O guntas in Sy.No.253/A2/A in total admeasuring Ac. 1.38OO guntas situated at Gollapally Village of Chegunta Mandal, Medak District having purchased tJ e same through a registered sale deed bearing document No.6l /2025 dated 2 CVBR J $tp-l9lf7 2025 3l.l2.2o24lrom Smt. Kotta Krutharnma, W/o' l'ate l<otta Bhoopal Reddy. Thr: name of the petitioner was also mr.rtated in the revenrrerecl)rd.sapartfromissuingpattadarpass;bookbearing No.TO8O2OO'Z 1051 under Khata No.6O778' It is further stated that the original lattada-r Smt. Kotta Kruthamma filed applicatior-rs vide T-TDERO2 2 2')O a7 Og I 4, dated' 12.O7'2022 and T'|EFO2 2 2083 5708 dated LT.O7.2O22 fot conducting survey and demarcation of the a.foresaidlzrndsbutt.IrerevenueoffrcialsrejectedtheSaid applications vide endorsements dated 29 'O9 '2022 a.nd' 03 'O2'2O23 on the ground. of non availability of SD record and pendency of a court case. ,{ggrieved by the same, the Smt' Kotta Kruthamma filed W.P.No.27430 of 2023, wherein this Court was pleased to allow the said writ petition by setting aside tl.e endorsements dated 29.Og.2022 and O3.O2.2O23 directing the responde:rt Nos'3 and 4 to considcr the F-Line applications within a period r'f 45 days from the date of receipt of the order, however, the respondents did not comply with the said order. It is further case of th€ peLitioner that he frled fresh application for survey and demarcation vide F-Line Application No.DERO22SO I 151392, dated 18'O3'2O25 but the said applicatron was rejected through a cryptic endc'rsement dated 08.05.2025 on the ground that sub division recortls not available in the oflic: with regard to the above survey numtrer' Hence, this writ petitio n. 3 CVB& J wp_19137 _2025

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Governrnent Pleader for Revenue appearing for tl.e respondents and with their consent t.Ilis writ petiLion is disposed of at the admission stage.

4. Learned counsel for the petitioner has submitted that if the sub division records are not available in tl.e oflice, the Tahsildar is conferred with the power to conduct survey based on the tippons, chowpasla, Khasra pahanis, and village naksha but Tahsildar is not having power or authority to reject the application of the petitioner.

5. Learned Assistant Government Pleader for Revenue appeqnng for tl1e respondents has submitted that the petitioner I ) has not made application for preparation of sub divisional records in terms of circulars issued by Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Suwey and Boundaries Act, 1923 from time to time.

6. In view of t]le aforesaid discussion, this Court deems it appropriate to dispose of this writ petition permitting t]le petitioner to make fresh application duly paying the requisite charges for preparation of sub division records for the above said survey numbers and in tlle event the petitioner making such application, 4 CVBR. J \,tp_19137 2025 the responde nts are directed to examine t1le appli<:ation of the petitioner an<[ consider t]re same strictly in accordarce with law and thereby t,) conduct a survey for preparaLion of the sub-division records, duly taking into consideration of the tippons, village revenue map, Chowpasla, and after issuing notice s to all the interested/ allected parties.

7. With t}re above observations, this Writ Petition i:; disposed of. There shall br: no order as to costs. As a st:quel, the miscellareous petitions pencing, if any, shall stand clrsed ,TTRUE COPY'I S A\ dulla Khan ANT REGTS TRAR "C '$"r,o* oFFicER \r\i \ To, l.ThePrincipalSecretary(Revenue),secretariat,Hyderabad. 2. The Collector' Medak District' 3. The Tahsiklar' Chegunta Mandal' Medak District' 4. The Mandat Surveyor' Chegunta Mandal' Medak Distrit;t' 5. One CC to Ul/s' B SHIRISHA Advocate IOPUCI 6. Two CCs to GP *tU'*'E 'High 'O* Court for the State of Telangana

7. Two CD Cor:ies KKS PvL K/ HIGH COURT DATED:04/0712025 ,..! ti' ..'.-' - it; /-i ii) ilr; \ [E ulT flffi O6 '1 a!, . -- PI :: ,) "ri' .,t ORDER WP.No.19137'of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS "1" 10 'K*'