High Court · 2025

Fetitiqn under Article 219 d rhe cpnslitution of lndia praying that in the circum5tancqg stated in the affidavit filed therewith, the High court may be pleased to pass a writ or direction more particularly one in the nature of the writ of mandamus pr any other .appropriate writ or direction holding that the Endorsement No.Bt16412023dqted2g-o4-,2o23issuedbytheRespondentNo.6isillegal' arbitrary, pqlitically motivated, against the principles of natural justice, against the provisions of Telangana survey and Boundaries Act 1923 as well as the circulat Rc.No.N'l/ 14OB]O7 dated 13t07t2007 issued by the Respondent No'2, besideq violative of Articles 14. 19, 21 and 300A of the constitution of lnc ia and may be please to set aside the same and consequently direct the Respond,ants to conduct the survey and dem.a.cation for the purpose of phodi and to carve out Ac.01-00 gts. of land out of Ac.01-14 gts. in Sy.No.375 of Atmakur Village and Man(al, Yadadri Bhuvanagiri District by issuing a supplementary sethwar to that effect. A O: 1 OF 2023 Petition under section 1I1 ABO praying that in the circumstances stated in the affidavil filed in support of the pqtition, lhe High Coud may be Bleased to direct the ReQpondents to condqet thg surygY and dematpatigq for lhe ptrrposq of phodi and to carye out Ac 01,90 9!F ef lqno q!! of Ac.q1;14 qls il 6v Nq.375 o[ Atmaklr Vill-age and [{andql, Yqlgdri iJhuvanagi[i District by ispuing a supplerlentary sethyyar 19 that qffegt. Counsel for the Petitioner: SRI MD, AJMAI, AHMED CosnsE! for the ReFpondentsr GF The Court made the follawingl ORpFB EgR REVENUE (r HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.2295L of 2o23 ORDER: This Writ Petition is filed under Articl e 226 of ttre Constitution of India, seeking the following reliet "...to pass a writ or direction more particularly one in the nature of the writ of mandamus or any other appropriate writ or direction holding that the one in the nature of writ of Endorsement No.B / rca /2023, dated 29.04.2023 issued by respondent No.6 is illegal, arbitrary politically motivated, against the principles of natural justice, against the provisions of the Telangana Survey and Boundaries Act,lg23 as well as the Circular Rc_No.Nl/ AOa/O7 d,ated, 73/O7 /2007 issued by the respondent No.2 besides violative of Articles 14, lg, 2l and 300_,{ of the Constitution of India and may be please to set aside the same and consequently direct the respondents to conduct the survey and demarcation for the purpose of phodi and to carve out Ac.O1.0O guntas of land out of Ac.01_ l4 gts. in Sy. No.375 of Atmakur Village and Mandal, yadadri Bhuvanagiri District by issuing a supplementar5r sethwar to that effect and to pass..."

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is'being disposed of at the admission stage.

3. It is stated that the petitioner is the owner and pattadar of agricultural lald to an extent of Ac.01.O0 I i --' - .i Bhuvanagiri glrntas out or Ac.or.14 guntas in Sy.No.375 and ir_s sub_ divisoins of Atmakur ViIIage and Mandal, yadadri_ I)istrict, having purchased the same under regrstered sale deed bearing document No.lBi3 of 2()06. It i3 further stated that the petitioner made an application seeking to conduct survey and demarcation of bounrjaries of the subject land in terms of various circular tnstrui:tions issued by the {)ommissioner, Survey, Settlements and Lald Records. Th,-- gli6y.rrce of the petitioner is thar the application subrnitted by the petitioner was rejected on the ground that tht: petitioner was not in possession oi the subject lald t,r enable the respondents to conduct the survey.

4. Learned Assistant Government pleader for Reve nue appearing lor llre respondents submits that since the petitioner has pr;16fuq5ed the land in Sy.No.375/6 ald as there is no sr r 5_division record being prepared, r.he petitioner has tc, make arr online application seeking lor sub-di"'ision of thr- said survey number and for fixation of boundaries in terms of the circular instructions issued by the commissioner, Survey, Settlements and Land Records. 5. 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.327g5 of 2O22 and the relevant portion of the said order is extracted hereunder: '8. The Commissioner, Surysg, Setdements qnd Land. Records, Hyderabad, has issued uarious circal<trs from time to time in connection uith conducting of surueg, demarcations and. sub-diuision of land. and. sunteA numbers and also d.isposat of F-line petitions sttbmitted. bg the parties concemed seeking surueg and sub_diuiston- The said circulars Luere Lssued keeping in uiew the Board. St, 20(a) or the Board. standing o,o.,", *ffJ*,n""7::'::::*" 'Applications from piuate parties to point out the , bound1ies of their frelds in qccordance _ith th. ,r*"g re;or-ds maU be-rece[ued. bg the Tatuk Tahstldar- * ,*"ir, of the application with the d.eposit 1Or.r"nO"O- 1..1,'1L Tahsildar should fonuard it to the Suruegor_Firka Deputg ""::"r:, uho shoutd, duins his '""r;;;;, request- TLrc Surueyor_Firrca Oeputi u.ith "ri")J,f,r!,_fio should afier pointing out the reqtired boundary to th| ruot. obtqin his signature to that effect * ,n" "pitt "iJ"'ii should him-setf (u,tite) thereon that the bound.aig *";;;;r;;; out bg him in accord.ance with tlle tlrc surueg records." ^"r"r.rri"".r"-rior"i"ri "*i, *ri" .t_he Paragraph No.6 (b) of the Rc.No.N2/ 1741/ 20jO, dated

18.O5.2OLO Ciranlar reads as under:_ "F-line petitions/ demarcation petitions reieiued in ,:*,": ! portions of suruey fi.elds tn agicutturat ktnas snoutd be conuerled bA Tahsildars ad applicalions for subdlDisiott on pagment oJ balance fee pagable, if anA at.d subdiu':iort should be done in accordance with BSO 34 A pora 13 atld in respect of Telangana districts in accord.qn,:e with C' j,jLR circulqr Rc.No.N7/ 14OB/ O7 dt.13.O7.2007." 9. 1'L ereafter, another Circuktr in Rc.No.Nl/4296/2(,12 dated 2,).O8.2O12 uas tssued dulg tssutng further instructi( tls and qttitle:lines for demarcatton and surueg of the sub_cliuis,on surueg r ttrnbers and urcttuction Nos.l to 6 of the said Circutar read as ; utder:- " l. Euery F-Line Demarcation applicatiolt must b,? su| mitted to the concemecl Tqhsildar,/ E_Seua/ Mee Seua

2. Euery F-Line Demarcqtion application must b,t regrstered qnd such registered qppltcations must b,, attended in seriatum onlg and ualid reasons for c]nli d<:r c:.tion to the seietum shoutd. be record.ed..

3. (t.l Bygry F-Line demarcation application shall b< aca'ntpettied bg a Xerox copg of pattadar pessbook or c co.D1r tf the letest adangaL/ paharu. lbt Demqrcation application L:)tthout such sttppotltue or euidettial document mag be rejected.

4. lt thn opplicant submits a self swom aflidauit decltuing his ights/ reputed olonersfup o possesslon aLonq with the demarcation petition, *e concented Talsilder maA take an q)propiate decision afier tltorcugh ueiJfrcaton of records either to foruard the san\< ;o the Suruegor or reject.

5. (o) Mandal Suruegor/ Deputg Suruegor shall serue notic(t to the (1) Applicant (2) Adjacent lqnd. holders within the surueg nuntber 'utd adjoining surueg numbers -7 t'- ! I (3) Village Reuenue Officer (4) U the adjacent bodg/Gouernment, notbes concemed authoritg belongs to local be serued. on the (b) prior to issue of notic, i,f ,nsuittenooiectrons;;r;t:;;::t:::':;:::":: receiued, demarcation cctnno tesalts uatid obje.rr., "^o rool,"!,loT;'ri;T;;r: " " the notices if ana adjacent ory naturalla d'emqrcation (c) In general, afier issuin rand horder absent for o.^o;' witl be postpoted In such cctses, notic ancemedconsequentrsr-"'";:::r"';:-,:rt;r::^'^; absent for demarcation euen rnat notice sha, be ,,",":n:;;X; i^il^"r#i';^Z demqrcqtion uill be done on tl date mentioned in the finar notice "euen in tnei, aosencl ="' as due opportunita u)as gtuen.

6. If the demarcatior feld such ooorr.ono) diuision apprication o'., befoltouedforitrrr";:r;:;;:::^:';:::":;r::::-" ou ootion Ls Jor a part oJ un*iuided ^oo be conuerted into patta sub- I O. . From a perusal of the aboue referred. Circalars, it i-s clear that as and uhen Petitiorus for demctrcation/ sub- dtuision qre receiued. in ,.L,F]ine asicutturattand.thes"":':";::::r::';:7.:X",": opp lications for sub_diuisi, batance fee pasabte, r ":; :L:::#::;-"#rr::X:::: respect of the Telangana Districts in accord.ance with Circula, in Rc.No.N1/ 14OB/07, dqted 13.02.2007, issued bg tle commrssrbne r of surueg, set,ement ,r,o i.*)r."'^, ,or" -- \ slage, t would be necessary to make note of some of the "^o f i,1stru(rlr:)'rs tssued in the said Circular dqted 13.O7.2(t07 uhich o r extracled hereunder: '5. Thereafier, the Mqndal Surwegor wilt proce<'d for suludiuision ond prepare the sub-division record. Tl:e sub-dtL.i:;ion shqll be done in accordance with the descriptwn qf prope4g sale deed in case of sales, partition deed in ca::e of porlition, mutuaL agreement in case of succession etc. Hotueuzr, the sub-diuision wil be done onlV subject to tle acfual possession on ground tallAing wtth the documen,s ntetrttotu:d aboue prouided that the Transkrees name fi.ncrs place '. the Re-uenue accounts through proper mutatiott. t. After preparation of the SDR, the Mandal Suruegt'r shall s,tbmit tt to the Tahsildar who tutll ueifg uhether tt con1.nns to the doanments qnd whether records are signe 7 bg all :1,.e concerned parties. Thereafter, TaLwildar shoul T send t4e record to Assisfant Director, Surueg and Lan,7 Record:; Department with a proposal Jor sanction of Phodi.

7. Upon receipt of this proposal, lhe Asslstar,l Director shall scnttinize the records and take further actio t for pref.J.ration qnd issue of supplementary sethuar and f(1r incorpo.otion of changes, if ang. 11 The Cir1aler instntctions issuerJ bg ttle Comrnis:roner are uery cle<tr snd absolutelg there is tto ombigultt/ artd the oblqation that is cast upoft the respondellt- Tahstlda' is unequiuocal and hence, ang action on the poft of the respc n.dents to refuse to conduct surueg and detnorcation ?r sub d.it't:iort of the pqrt surueg numbers pursuant to the requ( st rnade b9 tlte persons concerned bg submitting F-Line petitio.ts is totaltg impermissible and illegal. It is onlg to auotd su.:h ambiguor t:; situation, the aboue reJened circulars uere issut:d categoic,zl.lg stating that it is the obligation on the part of trrc respondent-Tahsildar to take up such applications as anid when th< applicotions are recetued for surueg and demarcati n of part surueA numbers and to complete the surueg bg du'g coLlectutg the required fees." d* ...,- rl .:i

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6. 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 petitioner herein is also starding on the same footing and he is also entitled for the said relief to maintain parity

7. In yiew of the above submissions, this Court deems it appropriate to dispose of this writ petition permitting, the petitioner to make an online application seeking for sub- division survey of the land in Sy.No.375 by duly enclosing all the relevant documents required under the said circulars on payment of necessar5r charges by the petitioner for conducting sub-division survey, in terms of the orders passed by this Court in dated 23.08.2022 in W.p.No.32785 of 2022, and the respondents are directed to consider the same, in accordance with law. If the petitioner is otherwise not eligible for sub-division survey and preparation of sub- division records, the respondents shall pr"" r.r"or.d order and communicate the reasons to the petitioner, "- within a period of eight (8) weeks from the date of receipt . ./ \ 1 I I I I ! If the petitioner is aggrieved by the same, he is at lrbertv to avail remedres as available under law. 8. With ,.he above observations, the writ pet;.tion disposed of. .\o Costs. 1S As a sequel, the miscellaneous petitions encling, any, shall stand closed //TRUE COPYII SO/-P. PADMANABHA REDDY UTY REGISTRAR P To, 1 2

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8. o '10. ECTION OFFICER a The Principal Secreta ry, Revenue Department, Secretariat, The .litate of Telangana, Hyderabad The Com mrssioner, Surve Y Settlement and Lan d Records Gover nment of Telangan Survey Bhavp n, Narayanguda, Hyderabad Ihe Assista nt Director, Su rvey Setflement and Land Records O/c. The Collector, yadadrr Bhuvan agtri District at Bhongrr The Qiqtr;61 Collector, yadadri Bh uvanagiri District at Bhongir The Revenu e Divisional OfficAr, BhongiiRevenu e Division at Bhongtr fhe Iahsitd Qr, Atmakur Mangql, Yadadri Bhu Yanagiri District aI Almakur The Mandat Deputil Survgyor, Almakqr Mand al, O/q. The Tahs ilda., Atmakur Mandat, Yadedri Bhuva nflgl one pC to $riMD aj mql Ahrp ed, Advqqate loPucJ Ttavo C Qs to GP fqr Revqnue, High Cgu( for lhe $!gte of Tela4g6n 2, q1 l.lyoe pEd IqUT] Two strict at ,qtma kur Qi n coP TJ BS 9 I \i {:: HIGH COURT DATED:2710212025 ORDER WP.No.22951 of 2023 ( ( .) () €tl\ ST4I(' 0 7 rPit 2025 \ { [' :ii) !T r- '-\ 7_C + z a -.1 DISPOSIG OTHE WRIT PETITION WITHOUT COSTS ,lItl