Naga Siddu Shivaji v. 1. The State of Telangana

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 appropriate writ, order or directron more particularly one in the nature of Writ of l\rlandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the Application for Appeals on Demarcation through vide No.A0D022500068778, daled. 27.O1 .2025 and non-conducting the survey and demarcation on the agriculture land of the Petitioner to an extent of land Ac.2.03 Gts in Survey No.186/U, which is situated at Vattinagulapally Village, Gandipet Mandal, Ranga Reddy District and non-initiating to fix the boundaries to the Petitioner land is illegal, arbitrary, u nco nstitutiona I and violation of Articles '14, 15, 21 and 300-A of Constitution of lndia and also violation of )rincrples of Natural Justice and consequently direct the Respondent Nos. 4 ar d 5 to consider the Online Application for Appeals on Demarcati: r through vide No.A0D022500068778, dated. 27.01 .2025 and to condL :t the survey and demarcation and fix the boundaries to the agriculture land > the Petitroner to an extent of Ac.2.03 Gts in Survey No.186/U, which is situat,: I at Vattinagulapally Village, Gandipet [Mandal, Ranga Reddy District. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the cir iumstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the Respondent Nos. 4 and 5 to consider the Online 1,1 plication for Appeals on Demarcation through vide No.A0D022500068778, dater . 27.01 .2025 and to conduct the survey and demarcation and fix the boundaries t I the agriculture land of the Petitionerto an extentof Ac.2.03 Gts in Survey No.1ft /U, which is situated at Vattinagulapally Village, Gandipet Mandal, Ranga Rr: ldy District pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondents : SRI L.RAVINDER, AGP FOF REVENUE The Court at the stage of admission made the following Ot DER THE HONOURABLE SRI JUSTICE E.V.VENUC,OPAL WRIT PETITION No.19915 of 2o25 ORDER: This writ petition is Iiled declaring the action of the respondents in not considering the application for Appeals on Demarcation, dated 27.O1.2025 and non-conducting the survey and demarcation of the petitioner's agricultural land admeasuring Acs.2.O3 guntas ln Sy. No. L86lU, situated at Vattinagulapaliy Village, Gandipet Mandal, Ranga Reddy District, as illegal, arbitrary and violative of the Articles 14, 15, 2l and 300-A of the Constitution of India and consequently, prayed for other appropriate reliefs

2. Heard Sri Rapolu Bhaskar, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being taken up for disposai at the admission stage. \ T'I 2 EVV, J Wp 19915 202-5

3. Learned counsel for the petitioner would jubmit that the petitioner is the owner and possessor of ;.1 .e aJoresaid agricultura_l lar-rd and his name is recorded ers; pattadar in all the revenue records and the revenue autl- orities also issued e-pattadar passbook uide Khata No.21O3 in his of the Telangari Rights favour under the provisions Land arrd Pattadar passbooks Act,2O2O. Learr ed counsel for the petitioner would further submit that, n order to protect the land from the land grabbers, the pc,itioner has submitted ar-r application for Appeals on De marcation, dated 2T .O1.2025 to respondent No.3, 1 y paying requisite fee for conducting survey of the sr_t :Ject land alcl to fix the bor.,rndaries. The grievance of thr petitioner is that, even after receipt of the said appli :ation the respondent authorities did not conduct survev i nd fix the bouncla-ri.:s. I_earned ccu;isel for the petitirr rer would further submit that in terms of the circulars iss;r Led by the Commissioner, Survey, Settlements and Lald Re :ords, the respondents are bound to consider the applica L on within 3 EVV, J Wp 19915 2025 45 days from the date of the applicaticn after collecting necessary charges.

4. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the petitioner filed the application for appeals on demarcation against the parlchanama in R.No.G8/1804 187 and if the said application is under limitation the respondent authorities would consider the same by following due procedure laid down under law artd conduct survey and demarcate the subject land by fixing boundaries.

5. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of l3L7 Fasli), the Telalgana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit .-'<--1 \ -- 4 EVV, J Wp 19915 2025 specific documents, and if the conditions stiprr a6"4 ir, ,n" circulars are iulfilled, the survey and bounrl rry fixation may be conducted. The Commissioner, Survey Settlements and Land Records, exercising powers under t1r : Telangala Survey and Boundaries Act, 1923, issued rele." z nt circulars from time to time vide Rc.No.N1/654ii 99, dated

25.O7.2OO1, Rc.No.N1/1408/07, dated 13.0? 2OO7, and Rc.No.N2/ 1741/2OlO, dated 18.05.2010 stip ulating the conditions for conducting survey of private le nds and as pcr the said circulars, if the petitioner hr lils all the conditions of the said circular, it is an oblige tion for the respondents to conduct survey within the tim: specified in the said circulars.

6. In view of the aforesaid discussion, this ( )ourt deems it appropriate to dispose of this writ petiti ,n directing respondent No.3 to examine the petitioner's ap plication for appeals on demarcation uide No.AOD0225O00( 8778, dated 27 .O1.2025 submitted for conducting s urvey and demarcation by fixing boundar5r stones to : re aforesaid - 5 EVV, J Wp 19915 2025 iand duly taking into consideration of the limitation also and if the petitioner fullils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, aJter issuing notices to all the persons interested and adjacent pattada-rs arrd a-fter considering their objections, respondent No.3 shall conduct survey of the aJoresaid land in accordance with the provisions of the Telangana Survey and Boundaries Act, 1923, as expeditiously as possible. 7 . With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 8 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. C.DEEPtKA SISTANT REGI STRAR SECTION OFFICER To 1 The PrinciP al Secretary, Revenue DeP artment, S Secretariat, State of Telang ana at HYd erabad 2 The District Collector, Rang a ReddY, Ranga ReddY 3. The Revenu e Divisional Off icer, Rajend ranagar Div retariat Building, District. ision. Ranga ReddY 4 5 6 Ii{it:{ltrgu,fi$;il{{HthTt"lf,B'i'.{1,::;'l:",:","",,. 3I1"3t?S JRI'JIpoLu BHASKAR, Advocate toPUCl Two CD CoPies 7 SA TKS G,' HIGH COURT DATED:1911112025 ORDER WP.No.19915 of 2025 -a,a'' . '.1E:jl,-.':. ':. ('. \' [,Lrilmi -::.':=:--./' DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. \1