✦ High Court of India · 10 Jul 2025

TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. SHRAVAN KUMAR WRIT PETITIO N NO

Case Details High Court of India · 10 Jul 2025
Court
High Court of India
Decided
10 Jul 2025
Bench
Not available
Length
1,031 words

ShaikNoorjahan,WoSri.LateShaiklsmail'Aged55Vears.omHouseWife, R/o 35i 157, ptaxairi'r.ragii,- tvti.yrtrg,da," Nalgohda District-So8 207' Telangana State. ...pETtTtoNER AND ,l.TheStateofTelangana,RepbyitsPrincipalsecretaryRevenueDepartment, Telangana Secretariat HYderabad

2. The D"'rstrict Collector,, Nalgonda District' 3. The Additional Collector,, Nalgonda District' i. nOOition"r Director,, Survey aid Land Records,.ryalg.old-q District ^ . . 5. Tahsildar,, Thopucherla Village, Madugulapalli Mandal' *''goll3#'u3lu"l.rr. PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the inaction of respondent No.4 not conducting the survey, and fixing of boundaries and demarcate the subject Land, Pursuant to the Application No. DER022501 157096 daled.o4lo2l2025, forthe Land admeasuring of Acre 1.30 Guntas, in survey no. 44912 of Thopucherla Village, Madugulapalli Mandal,NaigondaDistrict,asillegal,arbitrary,againsttheprinciplesofnatural justice and u nconstitutional and consequentially direct the respondent No.4 to conduct the survey, fix the boundaries and demarcate the land over the subject property, with due process of law, as expeditiously as possible lA NO: 1 OF 2025 Petition under Section 1 5'1 CPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtopass interim direction on the respondent No.4 to Conduct the Survey, fix the boundaries and demarcate the land over the subject property with due process of law' as expeditiously as possible over the subject property ie, the Land admeasuring of 7 Acre 1.30 Guntas, in survey no. 449t2 of Thopucherla Village, Madugulapalli Mandal, Nalgonda District. Telangana State. Counsel for the Petitioner: SRI G. RAJESH BABU Counsel for Respondents: GP FOR REVENUE The Court made the following: ORDER L i Y THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.19854 of 2o25 ORDER: Aggrieved by the action of official respondent No.4 in not conducting survey and hxing of boundaries and demarcate the subject land, pursuant to the Application No.DER0225O I157096, dated O4.O2.2O25, for the land admeasuring Ac. 1-30 guntas in Surwey No.449/2 of Thopucherla Village, Madugulapalli Mandat, Nalgonda District, the present Writ Petition is filed.

2. The petitioner states that her family holds the aloresaid agricultural property, ancestral property of her husbancl, who died on 24.7O.2024. After his demise, the property was mutated under her name by virtue of succession and pattadar passbook No.T28|5OO7267O, Khata No.6119 of Thopucherla Village, Madugulapalli Mandal, Miryalaguda Division, Nalgonda District, was also issued.

3. To that extent, the petitioner filed an F-line applicaLion uide application No. DER022501157096, dated 04.02.2025 to the respondent No.4 for conducting survey and fixing of boundaries and demarcate the subject land. The grievance of the petitioner is that even after receiving the said application, the respondent 2 authorities are not collducting survey and fixation of the boundaries

4. Considered the submissions of the learned counse I for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and . with their consent this writ petition is disposed of at l-he admission stage' l,earned counsel fcrr the petitioner has submitted that in 5. terms of the circular issued by the Commissioner, Survey' Seltlements and Land.Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges'

6. Sri L.Ravinder, Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the respondent aulhorities will consider the aforesaid application submitted by the petitiorrer by following due procedure laid down under lau'and conduct survey and demarcate the subject land by fixing boundaries. It is settled law that the Survey Department has the 7. authority to concluct survey and demarcate lands in accordance with the provisions of thc Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries J Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys. lndividuats requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are tuifilled, 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 vide Rc.No.N1/6543/99, dated 25..07.2OO1, Rc.No.Nl/ 1408/07, dated

13.07.2OO7, and Rc.No.N2/174ll2OlO, dated 18.05.2010 stipulating lhe 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 specified in the said circulars.

8. [n view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the ofhcial respondents to examine the petitioner's application uide application No.DERO2250 1157096, dated 04.O2.2025, in accordance with the provisions of the Telangana Survey and Boundaries Act, 1923 and also in terms of the circular instructions I I 4 .l issued by the Commissioner, Survey, Settlements and Land Records for conducting survey on field measurement applications (F-Line apptications), fronr lime to time, within a pe riod of eight (8) weeks from the date of receipt of a copy of this order, if not already conducted. g. With the above obser-vations, this Writ Petition is disposed of There shal1 be no order as to costs As a seque 1, misoellaneous applications pending in this petition, if any, shali sland closed. //TRUE COPY// Sd/. S. MALLIKARJUNA RAO GISTRAR OFFICER To,

2. 3. 4. 5. 6. 7. U. MBC 1 The Principal Secretary Revenue Department' State 3f tetangana Telangana Secretariat Hyderabad. The District Collector,, Nalgonda District. The Additional Collector,. Nalqonda Diskict. iii; ilJiiil;i Di,;t"r,, Surv"ev and Land Records,.Nalqonda District' iij;l;h;iil;;:, inipJ"ne'ri v"i'rrrg!, mo-r.lsftapalli Manfal, Nalsonda District One CC to Sri G Rajesh Babu Advocate tgPUCl ^ i*" Cc. tJCp For'Revenue, ftign Couri tor th6 State of Telangana' [OUT] Two CD CoPies g HIGH COURT NVSKJ DATED: 1010712025 {6- ili : l;,' .1 ':. (J t * z 4 JUr pots )rr) c> ll *j /i i'l:) PnrcHf -1--a ORDER WP.No.19854 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS g0r'a ffi\

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