Sripathi Ary! (umar S/o. Sripathi Narsing Rao v. Ihe State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly a Writ of Mandamus declaring the action of the respondents in not conducting the survey, sub-division of the survey number by demarcating the land of the petitioner to an extent of Ac.1.1B gts in Sy. No. 104/AA/2, to an extent of Ac.0.10 gts. in Sy.No.1O4lAAl1l2 and to an extent of Ac.0.02 gts. in Sy.No.489/A, total to an extent of Ac.1.30 gts., situated at Bavanipet Village, Lingampet Mandal, Yellareddy Division, Kamareddy District. under the guise of the letter addressed by the respondent no.6 to the 2nd F i respondent vide Lr.No.Al/108812023, dated 20.O3.2024, inspite of the orders passed by this Hor'ble court in W.P.No.30895 of 2023, dated 07.11.2023, as illegal, arbitrary, abuse of process of law, against rules and consequenfly direct the respondents to conduct the survey, sub-division of the survey number by demarcating the larrd of the petitioner to an extent of Ac.1.1B gts in Sy. No. 104lAAl2, to an exlent of Ac.0.10 gts. in Sy.No.1O4tAAt1t2 and to an extent of Ac.0.02 gts. in Sy.No.489/A, total to an extent of Ac.1.30 gts., situated at Bavanipet Village, Lingampet Mandal, Yellareddy Division, Kamareddy District by considering the representation submitted by the petitioner on 16.06.2025 in the interest of justice. lA NO: 1 OF 2025 Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court may be pleased to direct the respondents to conduct the survey, sub-division of the survey number by demarcating the land of the petitioner to an extent of Ac.1.18 gts in Sy. No. 1O4|AN2, to an extent of Ac.O.10 gts. in Sy.No.1O41AN1t2 and to an extent of Ac.0.02 gts.in Sy'.No.489/A, total to an extent of Ac.1.30 gts., situated at Bavanipet Village, l.ingampet Mandal, Yellareddy Division, Kamareddy District by considering the representation submitted by the petitioner on 16.06.2025, in the interest of justice, p,:nding disposal of the above writ petition. Counsel for the Petitioner: SRI S. SURENDER REDDY counsel for the Respondents: sRt L. RAVINDER, AGp FoR REVENUE The Court made th,e following: ORDER 7 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.211 84 of 20/25 Date: LO.L2.2O25 Between: Sripathi Anil Kumar The State of Telangana, Rep. by its PrinciPal Secretary, Revenue DePartment, Secretariat, Hyderabad and six others ORDER: And ..Petitioner ..Respondents This Writ Petition is filed praying this Court to declare the action of the respondents in not conducting the sub-division survey by demarcating the land of the petitioner to an extent of Ac'O'1O guntas in Ac.1.18 guntas in Sy-No. lO4lAAl .2; Sy.No. lO4l AAI I l2 and Ac.0.O2 guntas in Sy'No'498/A of Bavanipet Village, Lingampet Mandal, Yellareddy Division, Kamareddy District (hereinafter referred to as "the subject land") under the guise of the letter addressed by respondent No.6 to respondent No.2 uid.e Lr.No.Al llo88l2023, dated 2o.o3.2o24, by this Court in W.P.No.3O895 of inspite of the orders _passed 2023, dated 07.t|.2023, as illegal, arbitrary, abuse of process of 2 EVV, J Wp_21184 -2025 Iaw and e.gainst the rules and consequently, prayed to direct the official respondents to consider the petitioner's representation, dated 16.l)6.2025 and for other appropriate reliefs.

2. Hee.rd S::i S.Surender Reddy, Iearned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader frrr Revenue appearing for the respondents and with their consent, this Writ Petition is being taken up for disposal at the admission stage.

3. Leerrned counsel for the petitioner would submit that the petitioner is the owner and possessor of the land admeasuring Ac.1.18 guntas in Sy.No.lO4l AAl2; Acs.4.05 guntas in Sy.No.lO4lAAlll2 and Ac.0.O2 guntas in Sy.No.498/A of Bavanipe:t Village, Lingampet Mandal, Yellareddy Division, Kamareddy District and his name was incorporated in all the revenue records and pattadar pass book was also issued in his favour. Lehrned counsel for the petitioner would further submit that, oul. of Acs.4.05 guntas in Sy.No. lO4l AAI 1, the petitioner had sold away the land to an extent of Acs.3.35 guntas. Learned counsel for the petitioner would further submit that, when third parties ere trying to disturb the boundaries of the petitioner's land, he made F-Line application, dated 23.08.2023 for conducting survey ernd sub-division of his land by demarcating the sarne and 7/ J EVV, J Wp_211'84 2025 since the respondents have not considered the said application, he was constrained to file W.P.No.30895 of 2023 before this Court. By an order, dated 07.L1.2023, the said writ petition was disposed of ciirecting respondent Nos.S and 6 therein to consider the F-Line application submitted by the petitioner ior conducting survey, sub- division and demarcation of his land by issuing notices to the concerned/interested persons and also giving opportunity of hearing and to pass orders in accordance with law within a period of two months from the date of receipt of a copy of that order. tn compliance with the aforesaid order, the Deputy Inspector of Survey, Kamareddy, Lrad issued notices to the petitioner and adjacent pattadars on 22.01.2024 directing them to attend the survey on O8.O2.2021 but the respondents did not conduct any survey on that date and addressed a letter to respondent No.2 on 2O.O3.2O24 stating that Sy.Nos.1O4 and 489 are not sub-divided and without sub-divisions individual area could not be demarcated and as such, a report is submitted for taking necessary action. As no action is taken, the petitioner again submitted a representation, dated 16.06.2025 requesting respondent No.2 to direct the concerned authorities to conduct survey, sub-divide and demarcate his land. The grievance of the petitioner is that, even after receipt of the said representation, respondent No.2 did not consider the 4 EVV, J Wp_211,84 2025 same. Hence, learned counsel for the petitioner prays this Court to pass apprcpriate orders. ,+. Lea:ned Assistant Go.,,ernment Pleader for Revenue appearing ior tire respondents would submit that, on verification of Sethwar, the total extent of Sy.No.1O4 is Acs.19.23 guntas and Sy.No.48t) is Ac.0.04 guntas and no sub-division is done. He would further submit that the demarcation of part Survey Number without s;ub-division cannot be considered and only the notified boundari'ls can be shown in demarcation. Hence, the request of the petiti()ner cannot be considered by respondent No.2.

5. Tht: Commissioner, Survey, Settlements and Land Records, Hyderaberd, has issued various circulars from time to time in connection with conducting of survey, demarcations and sub division cf land and survey numbers and also disposal of F-line petitions submitted by the parties concerned seeking survey and sub-divis;ion. The said circulars were issued keeping in view the Board Standing Orders-34A para 2o(al of the Board Standing Orders, rvhich reads as under:- "AJrplications from private parties to point out the boundaries of thr:ir fields in accordance with the survey records may be received by the Taluk Tahsildar. On receipt of the application with the de':osit (prescribed fee), the Tahsildar should forward it to the Surveyor-Firka Deputy Surveyor who should, during his visit to thr: village, comply rvith the request. The Surveyor-Firka O.p1? f r ^/1. EVV, J Wp_21184 2025 Surveyor should after pointing out the required boundary to the ryot, obtain his signature to that effect in the application and should himself (rvrite) thereon that the boundary was pointed out by him in accordance with the measurements noted in the survey records." Paragraph i\o.b (b) of the Rc.No.N2 I t74l /2OlO, dated

18.05.2010 Circular reads as under:- "F-line petitions/demarcation petitions received in respect of portions of survey f,relds in agricultural lands should be converted by Tahsiidars ad applications for subdivision on payment of balance fee payable, .if any and subdivision should be done in accordance with BSO 34-A para 13 and in respect of Telangana districts in accordance with CSSLR circular Rc.No.N 1 / I4O8 I OT dt.l3.O7 .2OO7 ."

6. Thereafter, another Circular in Rc.No.Nll4296l2012 dated

22.08.2012 was issued duly issuing further instructions and guidelines for demarcation and survey of the sub-division survey numbers and instruction Nos.l to 6 of the said Circular read as under:- "1. Every F-Line Demarcation application must be submitted to the concerned Tahsildar/ E-Seva/ Mee-Seva.

2. Every F-Line Demarcation application must be registered and such registered applications must be attended in seriatum only and valid reasons for any deviation to the seriatum should be recorded. (a) Every F-Line demarcation application shall be 3. accompanied by a Xerox copy of pattadar passbook or a copy of the latest adangal/ pahani. 6 EVV, J Wp_21184 _2025 (b) Demarcation application without such supportive or evidr:ntial document ma-v be rejected.

4. If the applicant submits a self slvorn aff-rdavit declaring his righ'-s/reputed ownership a possession along with the demarcation oetit ion, the concerned Tahsildar may take an appropriate decision aftel thorough ve.rification of records either to forward the same to the Surveyor or reject. (a) Mandal Surveyor/Deputy Surveyor shall serve notices to

5. (1) Applicant (2) Adjacent land holders within the survey number and adjoining survey numbers (3) Village Revenue Oflicer (4) If the adjacent land belongs to local body/Government, notices shall be served on the concerned authority (b) Prior to issue of notices or after issuing the notices, if any written objections of the adjacent land holders are received, demarcation cannot be denied unless it is a legally valid objection and approved by the Tahsildar. (c) In general, after issuing the notices if any adjacent land holder absent for demarcation, naturally demarcation rvill be postponed. In such cases, notices to be issued to all the concerned consequently two times and if any of them is absent for demarcation even after receipt of the notices, a final notice shall be issued intimating them that the demarcation will be done on the date mentioned in the final notice "even in their absence", as due opportunity was given.

6. If the demarcation application is for a part of undivided f,reld application may be converted into patta sub-division 7 E\ry, J Wp_21184 _2025 application and necessary statutory procedure to be follorved for it by taking application from applicant."

7. From a perusal of the above referred Circulars, it is clear that as and when F-iine petitions for demarcation/sub-division are received in respect of portrons of survey numbers in agricultural land, they are required to be converted as applications for sub- division by the Tahsildars on payment of balance fee payable, if any and sub-division shall be done in respect of the Telangana Districts in accordance with Circular in Rc.No.Nlll4O8l07, dated

13.O7.2OO7, issued by the Commissioner of Survey, Settlement and Land Records. At this stage, it would be necessary to make note of sorne of the instructions issued in the said Circular dated

13.07.2OO7 which are extracted hereunder:

5. Thereafter, the Mandal Surveyor will proceed for sub- ' division and prepare the sub-division record. The sub division shall be done in accordance with the description of property sale deed in case of sales, partition deed in case of partition, mutual agreement in case of succession etc. However, the sub-division will be done only subject to the actual possession on ground tallying with the documents mentioned above provided that the Transferees name frnds place in the Revenue accounts through proper mutation.

6. After preparation of the SDR, the Mandal Surveyor shall submit it to the Tahsildar who will verify whether it confirms to the documents and whether records are signed by all the concerned parties. Thereafter, Tahsildar should send the record to Assistant Director, Survey and Land Records Department with a proposal for sanction of Phodi. 8 EVV, J Wp_21184 _2025

7. Upon receipt of this proposal, the Assistant Director shall scrutinize the records and take further action for preparation and issue of supplementary seth',var and for incorporation of changes, if an-v."

8. The Circular instructions issued by the Commissioner are very clear and absolutell,' there is no ambigUity and the obligation that is cilst upon the respondent-Tahsildar is unequivocal and hence, any action on the part of the respondents to refuse to conduct survey and demarcation or sub-division of the part survey numbers pursuant to the request made by the persons concerned by submitting F-Line petitions is totally impermissible and illegal. It is only to avoid such ambiguous situation, the above referred circulars were issued categorically stating that it is the obligation on the part of the respondent-Tahsildar to take up such applicatic)ns as and when the applications are received for survey and demarcation of part survey numbers and to complete the survey bl, duly collecting the required fees.

9. As rightly contended by the learned counsel for the petitione:, this aspect of the matter was in fact considered by the learned liingle Judge of this Court in W.P.No.3329O of 2013 and directed for issuance of a comprehensive circular to all the Tahsildars in the State to scrupulously follow the circulars in I ,r.y"-,: 9 EVV, J Wp_21184 _?}Zs question and the relevant portion from the said order reads as under: "This Court has been receiving Writ Petition of this nature day-in and day-out oni)' due to the failure of the Tahsildars to strictly follow the above-mentioned Circular. Instead of requiring the land owners to obtain the consent of the neighbouring land owners in the same Survey numbers, respondent No.3 had needlessly driven the petitioners to f,rling this Writ Petition by failing to follow the instructions in the above-mentioned Circular. In order to prevent avoidable litigation, respondent No.1 is directed to issue a comprehensive Circular to all the Tahsildars in the State to scrupulously follow the above-rrientioned Circular issued by the Commissioner, Survey, Settlement and Land Records wherever applications for fixing the F-line or demarcating the boundaries of part of the lands without sub-divisions are received."

10. In the light of the above, this Writ Petition is disposed of "vith q i the following directions:- (i) Respondent Nos.S and 6 are directed to take up the application submitted by the petitioner for conducting survey of the subject land; (ii) In case, if respondent Nos.S and 6 are o[ the view that sub-division of survey numbers is required to be done and any further fees is required to be paid by the petitioner in terms of the circulars referred to above, the same shall be intimated to the petitioner and on receipt of such intimation from respondent Nos 5 I { l0 EVV, J wp_?1t84 _202s r.. and 6, tht: petitioner shall pay such fees as may be prescribed by responderLt Nos.S and 6; (iiii On such payment of fees by the petitioner, respondent Nos.5 an<l 6 shali take iurther steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law; and (iv) The entire exercise, as directed above, shall be completed within a period of three (3) months from the date of receipt of a copy of tlris order. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs. SD'- P. PONNA KRISHNA ASSISTANT REGISTRAR 4; SEGTION OFFICER //TRUE COPY// To

1. The PrinciPal Secretary, Secretariert,'HYderabad' Revenue Department, State of Telangana'

2.TheDistrictCollector,KamareddyDistrictatKamareddy. 3. The Assi:stant Director, survey and Land Records' Kamareddy' Kamareddy District.

4.TheRevenueDivisionarofficer,yelrareddy,KamareddyDistrict. 5. The Tahsildar, Lingampet Mandal' Kamareddy District' 6. The lnspector of Survey, District Survey and Land Records, Kamareddy, KamarecldY District' T.TheMarrdalsurveyor,LingampetMandal,KamareddyDistrict. S.oneCCtoSRlS.SURENDERREDDY,Advocate[oPUC] 9'TwoCCstoGPforRevenue,HighCourtfortheStateofTelanganaat HYderatrad. TOUTI

10.Two CEt Copies MP HIGH COURT DATED:1 011212025 -.THE STA \ 3 09 rEB 2026 I * - t< -l/ r';,;rt t'" ?.i/ lr- ORDER WP.No.21184 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \5