High Court · 2025

Petition under Article 22G of the Constitution of tndia ,r"tiffT:i',"tlH circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not issuing supplementary sethwar by subdividing the area and fixing the boundaries in respect of land in Sy. No.40iAAl312 to an extent of Ac. 2.15 gts. and Sy.No. 40lAA4 to an extent of Ac, 3.1 3 gts respectively situated at Fatehpur Village, Kalher Mandal, Sangareddy District pursuant to our application F-Line petition No. DER022501175663, Dt. 14-05-2025 (Transaction lD No. TTDER022501175663) as illegal, arbitrary and in violation of principles of natural justice and contrary to the provisions of T.S. Survey and Boundaries Act, 1923 and board standing orders and consequently to direct the respondents to conduct survey and fixing the boundaries in respect of land in Sy.No.40/AAl312 to an extent of Ac. 2.1.5 gts. and Sy.No. 40/AA4 to an extent of Ac. 3.13 gts respectively situated at Fatehpur Village, Kalher Mandal, Sangareddy District. _l lA NO: 1 OF 2O25 ' 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 the respondents to issue supplementary sethwar by subdividing the area and fixing the boundaries in respect of land in sy.No.40/AA/3 t2 to an extent of Ac. 2.15 gts. and sy.No. 40/AA4 to an extent of Ac. 3..13 gts respectivery situated at Fatehpur Village, Kalher Mandal, sangareddy District of relangana state, as othenarrise we stands to suffer serious hardship and irreparabre loss and injury Counsel for the Petitioner: SRI pALLE SRIHARINATH Counsel for the Respondents: AGp pbR RevgruUg The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.\/.SHRAVAN KUMAR WRIT PETITION No.19613 of 2025 ORDER: . This Writ Petition is filed by the petitioners questioning the action of the respondents in not issuing supplementary sethwar by sub-dividing the area and fixing the boundaries in respect of land in Survey No.aOlAAl3l2 to an extent of Ac.2-15 guntas and Survey No.40/AA4 to an extent of Ac.3-15 guntas respectively situated at Fafehpur Village, Kalher Mandal, Sangareddy District pursuant to their application uide F-line application No.DERO22501175663, dated 14.O5.2025 (Transaction ID No.TTDERO225O 7 17 56631, as illegal, arbitrary and in violation of principles of natural justice and contrary to the provision ofAP Survey and Boundaries Act, 1923 and board standing orders and consequently prays this Court to direct the respondents to consider the said applications.

2. Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents and with their consent this writ petition is being disposed of at the admission stage. i I I &.... 2

3. ,._,%ll:rjj It is stated that the petitioner No.I is the absolute owner and possessor of the agricultural land in Surve-y No.aO / AA/ 3 /2 to an extent of Ac.2_15 guntas and petitioner No.2 is the absolute owner and possessor of the agricultural land in Survey No.4O/AA4 to an extent of Ac.3_15 guntas respectively situated at Fatehpur Village, Kalher Mandal, Sangaredd. y District' It is ' the case of the petitio ners that they have submitted F_Line Application on 14 .OS.2O2S. According to the 'u tne petitioners, tiil date, no action has been rrL-- *. ;-= by the same, ,n. ,.."",, *1,11::.,:' 4. The issue relating to conduct of survey and sub_division of survey etc. was considered by this Court vide order dated 23.Og.2O22 in W.p.No.327 gS of 2O22and the relevant portion of the said order is extracted hereunder: t* responcrents wnt petition is flled. Aggrieved "9. The Commissioner, Records, Huderabad, n " ,"rll:"'' ttme it connection -ttn ,onarT! sub-diuision of tand and ,r,jllin ":"-ea' Fline petitiotts ,ru*i)"'*t' suru"g and sub.diuisiort. ,l*-^l:"'* keepins in uielu the ;";;" ;,::":::".::,::. the Boerd sten(ling orders, *o*o -"o" """rrirlarq u,,"?::J:" jf To"{.fr ,iix,Z.!,ff lli,"^*f ;,\i",i,,,t; settlements ctnd Lttnd uarious circulqr5 from ttme b dentarcQii6.t ,.4 numbers ancl c,lso dispes(ll s1 concemed speking were issued 2ob) of - \ I i j i I I i l i j I 1 j - 3 NVSK, J wp-t9613_2025 records mag be receiued bg the Taluk Tahsildar. On receipt of the qpplicotion Luith the deposit (prescribed fee), the Tahsidar should fontard it to tlrc Suruegor-Ftrka DeputA Surueyor utho should, duing hts uisit to the uillage, complg with the request. The Suntegor-Ftrka Deputy Suruegor should after pointing out the required boundary to the ryot, obtain his signature to tho.t effect in the application and should htmsef (wite) thereon that the boundary LUas pointed out bg Nm in accordance Luith the nteasurements noted in the surueV records." Paragraph No.6 (b) of the Rc.No.N2/ t74t/2O10, dated

18.05.201O Circular reads as under:- "F line petitions/ demarcation petitons receiued in respecl of portions of surueg fields in ogicultural lands should be conuerTed by ,Tahsildars ad applications for subdiuision on pagment of balatce fee pagable, if ang and subdivision should be done tn accordance wth BSO 34-A para 13 ond in respecl of Telalgana disrricts tn accordance u-tith CSSLR circular Rc.No.N1/ l4O8/ 07 dt. t3.OZ.2OOZ.,

9. Thereafi.er, another Ctrcular in Rc.No.Nl/4296/2Oj2 dated 22.O8.2012 was tssued duty issuing further instructions and gutdelines for demarcation and sur-uey of the sub-diuision surueg numbers and instruction Nos.l to 6 of the said Circular read as under:- "1- Euery F-Lrne Demarcotion applicalion must be submined to the concerned Tal5tldar/ D-Seua/ Mee-Seva. 2. Euery F-Line Demarcation application must be registered and such registered applications must be attended in seiatum only ond ualid reasons for any deviation to the seiatunl should be recorded. 3. (a) Euery F-Line demarcation applicotiorr sho,tt be accompanied bg a Xerox copg of pattadar passbook or a copA of the latest adangal/ pahani. (b) Demarcation application Lutthout such supportiue or euidentictl document mqg be rejected. 4. If the applicant submis a self suorn gfrtdauit declaing his rights/ reputed otunership c possession along with the demarcat[on petttion, the concerned 4 NVSK, J Wp 19613_2025 Tahsildar mag tzke an appropridte decision afler thorough ueijlcation of records either to forutarcL the same to the Surueltor or reject- 5. (a) Mandal SuraeAor/ Deputg Suruegor slraLl serue notices to the (1) Applicant (2) Adjacent tand holders within the surueg number and adjoining surueg numbers (3) Village Reudnue Officer (4) If bodA/ Gouernment, notices shall be serued ot7 the the adjacent land belongs to concented authoritg (b) Prior fo issue o./ notices or after issu[ng the notices, if ang witten objections oJ the adjacent lamd holders are recerued, demqrcation cannot be denied unless it is o legallg ualid objection and approued bg the Tah'siLdar. (c) ln general, after issuing the notices if ang adjacenl Land holder absent for demarcation, naturollg demarcation L iLl be postponed. In such cases, notices to be tssued to all the concerned consequentlg tu,o times and tJ ang o[ lhem is absent for demarcation euo,n afrer receipt of the nottces, a final notice shall be issued intimating thenl lhat the demarcqtion rti be done on the date mentioned in the final notice "euen in theii absence", as due opPotltttlitA LUas gtuen.

6. If the demarcation applicatton is for a part of undiuided fieLd such application maA be conuerted into patta sub' diuision opplication und necessary statutory procedure to be follotued for it by taking application Jrom applicant "

10. From a perusal of the aboue refened Circulars, it ts cLear that as and uhett F-llne petittons for demarccLtion/ sub / 5 NVSK, J Wp 19613 2025 diuision are receiued in respect of portions of suruey numbers in agicultural land, th,ey are requtred to be conuerted as applications for sub diuision bg the Tatsitdars on pogment of balance fee pagable, if ang and sub rliuision shall be done tn respect of th.e Telangana Disrncts tn accordance LUth Circular in Rc.No.Nl/ 1408/ 07, dated 13.07.2007, ssued bg the Commissioner of Surueg, Settlement and Lond Records. At this stage, it utould be necessory to moke note of some of the insttuction-s issued in tlrc satd Circulqr dqted 13.07.2002 which ore exlracted hereundet: "5. Thereafier, the Mandal Suruegor will proceed. for sub-diuision and prepare the sub druision record. The sub-diuision shall be done in accordance uith the descriplion of propertg sale deed tn case of sales, partidon deed in case of partition, mutual ggreement tn case of succession etc. Houteuer, the sub-diuision uill be done onlA subject to the acfual possession on ground tollAing utith the documents mentioned aboue prouided that tle Tronsferees name finds place in the Reuenue accounts through proper mutation-

6. Afier preparation of the SDR, the Manclal Suruegor shall submit it to ttle ToLtsildar who wi uei,fg rthethei it conJirtns to the documents and uhether recorcls are signed bV aU the concemed parties. Therea,fter, Tahsildar should send tlle record to Assistant Director, Surueg and Land Records Department with a proposal for sanction of phodi-

7. IJpon receipt of this proposaL, rhe 4ssistant Director shall scratinize the records ancl take Jurlher action for preparation and issue of supplementory sethwar and. for tncorporation of changes, if anA."

11. The Ciranlar instructions issued bg the Commissioner are uery clear qnd absolutelA there is no ambiguitg and the obligation that is cast upon the respondent-Tahsildar is unequiuocal and hence, anq action on the pqrl of the respondents to refuse to conduct surueg and. demarcation or sub-diuision of the part surueA numbers pursuant to the request made bg the persons concenled bA submitting F-Line petitions is totqllV impermissible qnd illegal. It ts onlA to auoid such '! 6 NVSK, J wp 19613 2025 ambiguous sttuation, the aboue referred circulars utere isstLed categoicallA stoting thctt tt is the obligation on the part oJ the respondent Tahsilclar to take up such appl[cations as and when the applications are recetued for surueg and demqrcation of pqrl surueg numbers and to compLete the surueg bg dulg coLlecting tlrc required fees."

5. This Court on consideration of the said Circulars, disposed of the said writ petition with certain directions. In the light of the said decision, this Court is of the considered view that the petitioners herein are also standing on the same footing and the)' are also entitled for the said relief to maintain parify. In view of the above, this Writ Petition is disposed of dirccting the respondents to examine the F-line application of the petitioners fo7 conducting subdivision survey and clemarcation by fixing boundaries of the subject lands admeasuring lands admeasuring Ac.2-15 guntas in Survey No.4O/AA/312 and Ac.3- 15 guntas in Survey No.4O/AA4, situated at situated at Fatehpur Vitlage, Kalher Mandal, Sangareddy District and in case, if the respondents are of the view that sub-division numbers is required to be done and any further fee is required to be paid by the petitioners in terms of the Circulars referred above, the same shall be intimated to the petitioners and on receipt of such intimation, the petitioners shall pay such fee as 7 NVSK. J wp-19613 2025 may be required by the respondent authorities' On such payment of fee by the petitioners' respondent authorities shall takefurtherstepsfortakingupthesurveyandlrxthe boundaries as requested by the petitioners and conclude the same in accordance with law The entire exercise' as directed above, shall be completed within a period of forty hve (45) working days from the date of receipt of a copy of this order' No order as to costs. As a sequel, miscellaneous petitions' if any' pending in this writ petition shall stand closed' Sd/. S. MALLIKARJUNA RAO ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secreta ry Revenue, State of Telang a Secretariat Buildings, erabad. Hvd The District Collector, (Survey and Land Records) Sangareddy District The Revenue Division al Officer, Nara yankhed D IVISION Sangareddy District The Tahsildai, Kalher The Mandal Surve One CC to Sri Palle Sriharinath Advocate Two CCs to GP For Revenue ,H igh Court for the State of Tetangana. [OUT] Two CD Copies reddy District. , Sangareddy District Mandal, Sanga , Kalher Mandal oPUCI \ To, 2 a J 4 5 6 7. ar. MBC 5 HIGH COURT NVSK,J DATED: 0910712025 oY TR H SE Dt ( (_ I )t 42 J tU ?0fr - ) \) (.l T ^ul: ORDER WP.No.19613 of 2025 DISPOSING OF THE WRIT PETITION Cgoei' 6{o .\rt WITHOUT COSTS I