Syed Sajid Ali v. 1. The State of Telangana

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus the action of the respondent No. 3 and 4 in non-considering the F- Line application vide No. DER021800220087 dated 20-01-2018 and non-initiating to conduct the survey and subdivision on the petitloner land to an extent of Ac. 0- 20 Gts in Sy. No. 491lAa4 which is situated at Manchirevula Village shivar of Gandipet Mandal, Ranga Reddy District basing on F-Line application is illegal and arbitrary and also in violation of Articles 14, 15,21 and 300-4 of the constitution of lndia and also violation of Principles of Natural Justice and consequently direct the respondent No. 3 and 4 to conduct the survey and subdivision in the said -land basing on Petitioner F-line application vide No. DER021800220087 dated 2O-0'1- 2018 lA NO: 1 OF 2024 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 and 4, basing on F-Line application No. DER02',800220087 dated 20-01-2018 to conduct the survey and subdivision in respect of the land to an extent of Ac. 0-20 Gts in Sy. No. 491/Aa4 which is situated at Manchirevula Vitlage shivar of Gandipet Mandal, Ranga Reddy District pending disposal of the writ petition Counsel for the Petitioner: SRl. RAPOLU BHASKAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER ,] u ..^r T HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.23972 of 2024 ORDER: . This writ petition is filed declaring the action of the respondent Nos.3 and 4 in not considering the F-line application vide No.DERO218OO22OO87, dated 2O.O1.2O18 and not initiating to conduct the survey and subdivision on the petitioner land to 'an extent of Ac.O.20 gts., in Sy.No.49 1/Aa4, situated at Manchirevula Village shivar of Gandipet Mandal, Ranga Reddy District, as illegal and arbitrary and . consequently prayed for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.0.2O gts., in Sy.No.49 1/Aa4, situated at Manchirevula Village shivar of Gandipet Mandal, Ranga Reddy District, having purchased the same through registered sale deed bearing document No.3O5 of 2018, dated 11.01.2018. It is further stated that the name of the vendor of the petitioner was reflected in ali the revenue records as pattadar and the revenue authorities also issued pattadar passbook and title deed as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thegjurader. It is further stated that with an intention to lay 2 CVBR, J wp_23972_2024 fencing to the subject land to protect the same from land grabbers, the petitioner had submitted F-Line application vide No.DERO2l80O22OOa7, dated 2O.Ol.2O1a, to respondent authorities, by paying requisite fee to conduct survey of the subject land and fix the boundaries. The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and fixation of the boundaries.

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

4. Learned counsel for the petitioner has submitted that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application within 45 days from the date of the application after collecting necessary charges.

5. Learned Assistant Government Pleader for Revenue appearing ior the respondents has submitted that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid down under law 1 3 CVBR- J wp_23972 2024 and conduct survey and demarcate the subject land by fixing boundaries.

6. It is settled law that the Survey Department has the authorit5r to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Governm.rrt frr" issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulhlled, the survey and boundary hxation 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 to time vide Rc.No.N 1 /6543/99, dated 25.07 .2OO t, Rc.No.N 1 / t 4O8 / OT, d,ated 13.07.2OO7, and Rc.No.N2/174tl2OtO, dated 18.05.2010 stipulating the 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. , I 4 CVBR, J wp)3972 2024

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities to examine the petitioner's F-Line application uide No.DERO2180O22OOa7, dated 2O.Ol.2ola submitted for conducting survey and demarcation by lixing boundary stones to the petitioner's land to an extent of Ac.O.2O gts., in Sy.No'491/Aa4, situated at Manchirevula Village shivar of Gandipet Mandal, Ranga Reddy District and if the petitioner fulfils all tlre conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent authorities shall conduct survey of the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order. a. With the above observations, this Writ Petition is disposed of' There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. P. PADMANABHA REDDY ASSIS ANT REGISTRAR //TRUE COPY// TION OFFICER -l \ To, 1 The Principal Secretary, Revenue Department, Secretariat Building' 2 3 4 5 o 7 g Secretariat, T. S., Hyderabad. The Districi Collecfor, Ranga Reddy , Ranga Reddy District The Tahsildar. Gandipet Mandal, Ranga Reddy Dlstrict. The Mandal Surveyor, Gandipet Mandal, Ranga R-eddy- District. One CC to sRl. RAPoLU BHASKAR, Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies BM G.IP / I I HIGH COURT DATED:0810112025 ( q .J o L. t; !11 T4 I€ 0: FEB i025 7 .art t D€ n T C F +.n ORDER WP.No.23972 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS - - ^rt}6lq W