pgray.at|y Sariy_u v. 1. The 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 or order/s one in lhe nature of Writ of Mandamus declaring the inaction of the respondent No.3 and 4 in conducting Survey of open plot No.8 admeasuring 1 50 Sq.Yards. in Sy. No. 1449 (Old 'l 931 ) situated at puppalagutta, Khila Warangal village/Mandal, Warangal District. As being illegal arbitrary and u nconstitutional and consequently direct the respondent No.3 to set aside the memo in file No. A1126212022 daled 1810112023 as the same is contrary to procedure prescribed under survey and Boundaries Act and alsc, in violation of Principles of Natural Justice. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the :ircumstances stated in the affidavit filed in support of the petition, the High court may be preased to suspend the memo in fire No. A1t262t2022 dated 18t01/2o23 of .pen prot No.g admeasuring 150 Sq.yards. in Sy. No. 1449 (Old 1931) stituated at puppalagutta, Khila Warangal virrage/Mandar, warangar District., pending disposar of the writ Petition. Counsel for the Petitioner : SRI V.VENKATA MAYUR Counsel for the Respondents No.1to4 : Gp FOR REVENUE Counsel for the Respondents No.5 : Gp FOR HOME Counsel forthe Respondents No.6&7: -_ The Court made the following: ORDER , r&a,r'r:t: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.23361 of 2O24 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief: "For the reasons stated in the accompanying allidar.it, it is thcrefore prayed that this I Ion'l;le Court maSr be plcased lo issue a writ or order/s one in the nature of Writ of Mandiimus declaring the inaction of the respondcnt No.3 and 4 in conducting Sur-vey of open plot No.8 zrclmeasuriug 150 Sq.Yards. in Sy. No. 1.449 \OId 1931) situated at Puppal.rgutta, Khila Warangal village/ Mzrndztl, Warangal District. As being illegal arbitrary ald unconstitutional and consequentl_y clirecL the respondent No.3 to set aside the memo in filc No. Al /262/2022 dated lalol/2023 as the same is contriuy to procedure prescribed under Survey and Boundarics Act and also in violation of Principles of Natural Justice and bc pleasecl to pass such other order/s as this Honblc Court m:r_v deem fit and proper in the circumstances of the case."

2. The petitioner claims to be the owner, possessor and enjoyer of the open Plot No.8 admeasuring 150 square yards in Survey No.1449 (Old 193 1), situated at Puppalagutta, Khila Warangal Village/ Mandal, Warangal District, having 2 CVBR, J V/.P.No.23361 of 2024 purchased the salne under registered sale deecl bearing document No 279 of 2022 dated 1 I.O1 .2022

3. A carefuLl cxamination of the sale deed bearing document No.279 of 2022 dated 11.O1.2022 reveals that the uendor of the petitior-rer has acquired the said property from hls mother through regrstered Gift Deed bearing Docur:nent Nr.r.2532 of 2022 daLed 1O.O3.2O2O and its previous registered link bearing Document No.1905 of 2012 dated 19.03.2Oi.2. It is not the case of the pe titioner that the property purc hased try him is agricultural land and that he paid stamp duty or registration fees on acre basis. The schedule of property in the ,.;ale deed establishes that the nature of the property is an olten plot, admeasuring 150 square yards. It is settled lau, that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangar-ra Land Revenue Act, 1317 Fasli (Act No. VIII of l3l7 Fasli), the Telangana Survey and Boundaries Act, ILt23, and, the Rules fr:lned thereunder. The Government ha:; issued various circulars specifying the conditions for conducting 3 CVBR, J W.P.No.23361 of 2024 surveys, particularly F-Line (field measurement) surveys Individuals requesting such surveys are required to submit specific documents and if the conditions stipulated in the circulars are fulfilled, the survey and boundary fixation may be conducted. The Commissioner, Survey, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 7923, issued relevant circulars lrom time to time uide Rc.No.N1/6543/99, dated 25.O7.2OO1, Rc.No N1/ 1408/07, dated 13.O7.2007, and Rc.No.N2/1741 /2010, dated 18.05.2010 stipulating the conditions for conducting survey of private lands. The said Circulars outline that only agricultural lands are eligible for survey by the Survey Department. In contrast, individuals owning plots within approved layouts, Municipalities, Gram Panchayats, Municipal Corporations are required to engage Licensed Surveyors appointed by the Government for such surveys, as these lands are no longer considered agricultural. In the instant case, the petitioner's land is clearly identified as open plot but not agricuitural land. Since the petitioner's property is I t 4 CVBR, J W'.P.No.23.]61 of 2O24 not an agriculturai land, the Survey Departmenl has no jurisdictior-r to conduct F-Line Survey as pi3r the Circulars issued by ttre Commissioner, Survey, Settlements rlnd Land Records. For the aforesaid reasons, this Writ petition is devoid of merits ar-rd rs liable to be dismissed.

4. Accordir-rgl,v, this Writ Petition is dismissed. Ho.vvever, the petitioner is at libertl, to take the services of Licensed Surveyor for conclucting the survey of his property i.e, open plot, if he is so advised. As a sequel, the miscellaneous petitions pendin;1, if any, shall stand close d. There shall be no order as to costs. //TRUE COPY// SD/-P. PADMANABHA REDDY GISTRAR AS :rT['j: f-5EGTIoN OFFICER To, 'l . One CC to SRI V.VENKATA IvIAYUR, Advocate. [OPL,C] 2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana

3. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

4. Two CD Copies. BSK BS 3fr I I HE S]A 1 14: k (ti I r 1'! I t oEsp,. z A 2025 if--g HIGH COURT DATED:2710112025 /, ,,t J C o ORDER WP.No.23361 of 2024 DISMISSING THE WRIT PETTTION WITHOUT COSTS (+ 11 [r- [2(, gce(La-\'