The High Court · 2025

Petition under Article 226 oI 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 Direction more particularly in the nature of writ of MANDAMUS declaring the action of the respondents in not conducting the survey and not fixing the boundaries to the petitioner's land bearing survey No. 312/1 admeasuring Ac. 4.24 guntas, situated at Gudimalkapur Village, Asif Nagar Mandal, Hyderabad District in pursuance of TS-Online -_l application No. HD022400018830, daled '1210812024 filed by the petitioner as illegal, arbitrary and violative of principles of natural justice and also violative of the provisions of Survey and Boundaries Act apart from being violative of Articles 14,21 and 300-4 of the Constitution of lndia and consequently direct the respondents to conduct su rvey/sub-d ivision and fix boundaries of the above stated subject land of the petitioner. |.A.NO:'l OF 2025 Petition Under Section 151 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 respondents to conduct the survey/sub-d ivision and fix the boundaries to the petitioner's land bearing Survey No. 312l1 admeasuring Ac. 4.24 guntas, situated at Gudimalkapur Village, Asif Nagar Mandal, Hyderabad District in pursuance of TS-Online application No. HD022400018830, dated 12-08-2024, pending disposal of the above writ petition in this Honble Court. Counsel for the Petitioner : M/s AHMED LAW FIRM Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUEG The Court made the following ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITIO N No.25859 of 2o25 ORDER This Writ Petition, under Article 226 of the constitution of India, is filed seeking the following relief: "...pleased to issue an appropiate Writ, Order or Direction more particularlg in the nature of Writ of MANDAM|IS d.eclaring the action of the responderlts irt not cond.ucting the suruey and not fixing the boundaries to the petitioners land bearing Suruey /Vo. 312/ 1 admeasuring Ac.4.24 guntas, situated at Gudimalkapur Village, Asif Nagar Mandal, Hyderabad District irt pursuance applicatiort No.HD02240O018830, dated 12/08/2O2a filed by the petitioner as illegal, arbitrary and uiolatiue of principles of natural justice and also uiolatiue of the prouisions of Suruey and" Boundaries Act apart from being uiolatiue of Articles 14, 27 and 300-A of the Constitution of India and consequently direct the respondents to conduct 5y\ys,y/ sub-diuision and fix boundaries of the aboue stated" subject land of the petitioner.-." TS-Online

2. Heard M/s.Ahmed Law Firm, appearing for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenlle, for the respondents and perused the record. I'age 2 of 5 - 3' Learned counsel appearing for the petitioner wourd submit that the petitioner herein is the Managing partner of M/s- Greenlands Builders and Deveropers and the rightfur owner and possessor of the land to an extent of Acs.4.24 guntas in Sy.No.312/r, situated at Gudimalkapur Village, Asif Nagar Mandar, Hyderabad District. The ownership is confirmed by virtue of a compromise decree passed in o.S.No. l s07 of 2o2o on the file of the rearned IX Junior civil Judge, city civil court, Hyderabad, and the award passed by the Lok Adarat on 2s.og.2o2o in favour of the petitioner. The Managing Partner of the petitioner made TS_online 12.08.2024 and paid the requisite fee to application on conduct survey and fix the boundaries of the subject rand. 4' As per the TS-online application the authorities has to conduct survev and to fix the boundaries within stipulated time i.e., within 45 days from requested dated. The Managing Partner of the petitioner approached the respondents severar times and requested them to conduct survey of the subject land. The Managing partner of the petitioner has .submitted TS_Online Application l'}age 3 ol'5 No.HD0224OOO18830, dated 12.O8.2024 with respondents with a request to conduct survey and demarcate the aforesaid land by fixing the boundaries. Despite receiving and acknowledging the said application, the respondents did not act upon the same. Aggrieved by the said inaction of the respondents, the petitioner filed the present writ petition.

5. Whereas, learned Assistant Government Pleader for Revenue would submit that the present writ petition is filed in the capacity as Managing Partner not as owner of the property, as such, this writ petition is liable to be dismissed on the ground that the petitioner being Managing Partner is not entitled to file F-Line application seeking for conducting survey and demarcation of the subject land. Further, 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.Nl/6543/99, dated 25.07.2OO1, Rc.No.N 1/ 1408 /07, Rc-No.wZ ll74l /2OlO, tfated 18.O5.2O10 stipulating the

13.07 .2OO7 , I'age.{ ol'5 conditions for conducting survey of private rands. The said circulars outrine that only agricurturar rands are eligibre for survey by the Survey Department. In contrast, individuals owning plots r,vithin approved layouts, municiparities, Gram Pancha-yats, or Municipal corporations are required to engage Licensed Surveyors appointed by the Government for such surveys, as these rands are no longer considered agriculturar. I, the instant case, the petitioner,s land is clearly identified as open plots but not agriculturar land. Since the petitioner,s propertv is not an agricultural land, the Survey Department has .o jurisdiction to conduct F_Line Survey as per the circurars issued by the commissioner, survey, settlements, and Land Records. For the aforesaid reasons, this writ petition is devoid of merits and is liable to be dismissed. 6' Accordingly, this Writ Petition is disposed of. However, the petitioner is at liberty to take the services of licensed surveyor for conducting the survey of his property, if he is so advised. There shall be no order as to costs. 7 Page 5 of5 As a sequel, miscellaneous petitions, if any, pending, shall stand also disposed of. //TRUE COPY// SECTI SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR ooNo FFICER To and Boundaries)' Oi.e.n.AniU;dkar Telangan'a Secretariat, State of Telangana at Hyderabad 't. The Principal Secretary, Department of Re^venue -- -(Survey Z. inJOistrict Survey Officer, Hyderabad District, Hyderabad' 3. The Tahsildar, Asifnagar Mandal, Hyderabad' +. rn" niiittrnt Directoi Survey and Land Records, Survey Department' 5. Tlie Deputy lnspector of Surveyor Survey and Land Records, Survey o. in6 rritinorl Survdyor Suhrey and Land Records, Asifnagar Mandal, z. rivo-c-cs to Gp FOR REVENUE, High court for the state of Telangana at Deoartment. Nampalli, Hvderabad District. Hyderabad District. Hyderabad District. Hyderabad. [OUTI a. O;re CC to M/s AHMED LAW FIRM, Advocate [OPUC] 9. Two CD Copies SA BS Vr HIGH COURT DATED:1411112025 ORDER WP.No.25859 of 2025 oITEL/l .$' |r \+ \\ ,H + DISPOSING OF THE W.P WITHOUT COSTS. xre\ \?- co(' &-,