The High Court · 2025

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 pteased to issue appropriate writ, order or direction more particularly one in the nature of wRlT oF MANDAMUS declaring the action of the 3rd Respondents in ru1""ting the - F-line applications 9f - l!9 Petitioners vide lD f.f o ff O-f n022401 084333 anO ttDEROZ2401084345 by endorsement vide .file No. A11251t2O24 & A1t252t2024 dated 05-10-2024 as illegal, arbitrary, against the law, contrary to the provisions of Survey and Boundaries Act 1923 and circulars, being violation of the article '14 and 300-4 of the constitution of lndia and violation Lf principles of natural justice and that set aside the same. consequently, to direct the 4th and Sth Respondents to conduct the survey and demarcation of the subject lands of the Petitioners i.e 1) survey no.101/1, Acre 1. Acre 2-00 guntas and 00 gunta and .101G/1, Acre 1-00 gunta, total .admeasuring ii) i O1G/2, admeasuring Acre 1-b0 gunta situated at Renvatla village, Maddur Mandal, Narayanpet District as per F-Line applications No.TTDE R0224010g4333 and TTDER0224t)1084345 made by the Petitioners. lA NO: 1 OF 2024 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 suspend the endorsement vide file no. A1125112024, and A1125',!.t2OZ4 dal,rud AS- 10-2024 issued by the 3rd Respondent. Counsel for the Petitioner: SRI N. BHUJANGA RAO Counsel for the Respondent No.1 to S: ASST. GP FOR REVENUE Counsel for the Respondent No.6: SRI NEELI ASHOK KUMAR The Court made the following: ORDER HON'BLE SRI JUSTICD C.V.BHASKAR REDDY WRIT PETITION No.29515 of2024 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....to issue appropriate urit, order or direction more particularly one in the nature oJ- Wnf OF MANDAMUS declaing tlle qction of the 3rd Respondents in rejecting the F tine applications of the Petitione'rs uide ID uoi.ltoapozzq} I o84 33 3 and TTDER02240 1 084345 bA endorsement uide Jlte No.Al/251/2o24 and Al/252/2O24 dated 05'1o2024 as tLlegai, arbitrary, agqinst the law contrary to the prouisions of Surueg oni Boundo.zel 1ct, I szS and circulars being uiolation of the Articles 14 and 30OA of the Constihltion of India and uiolation of pinciples of natural.lustiie qnd that set aside the sqme Con'sequentlA to direct the 4th on4 5'ti respondents to conduct the surueg and demarcation of the sublect lanis of the Petitioners i.e., i) Suruey No'101/ 1' Acre 1 00 gunta oni lOtG/ t, icre 1.O0 gunta total admeasuing Acre 2'O0 qtntas and ii) Sg.No.lolG/2 admeasuing Acre 1.OO gunta situated ot Renuatla uilage, Maddur Mandal Naraganpet District os per FLtne apptications Yo.froanoZz+o1084333 ond 7toaR0z24o 1084345 made bg the Petitioners...."

2. Considered the submissions of learned counsel for the parties and Perused the record It is stated that the petitioners are the owners and 3. possessors of lands admeasuring Ac' 1'OO gunta in Sy'No' 1O1/ 1' Ac.1.O0 gunta in Sy.No.10lG/1 and Ac'1'OO gunta in Sy.No.101G/2 situated at Renvatla vi-llage, Maddur Mandal Narayanpet District arrd the respondent authorities have also issued pattadar passbooks uide Nos'TO114O14O299 arld 2 T01140142827 in therc favour. The case of the petitioners is that disputing their title and possession over the subject lands, respondent No.6 ald others, have instituted a suit in O.S.No.7O of 2Ol7 on the hle of the Senior Civil Judge at Narayanpet and obtajned injr-rnction orders in I.A.No.341 of 2Ol7 in O.S.No.70 of

2017. It is further case of the petitioners that they have submitted F-Lir-re applications before the respondents t,l conduct survey in Sy.No. 101, but the same were rejected uide Flle No.Al l25l /2024, A1 /252/2024 dated 05.rO.2o24. by respondent No.3-the District Survey Officer, staling that survey/demarcation cannot be conducted in vielr, of pending case in I.A.No.34l of 2Ol7 in O.S.No.7O of 2OI7 on the file of the Senior Civil Judge at Narayanpet. It is further case of the petitioners thal as per the circular instructions issued by the Commissioner. Survey, Settlement and Land Records, respondent No.3-the District Survey OIIicer, is al appellate authority and in view of rejection of the applications s,ubmitted by them for c,onducting survey rvithout taking into consideration with regard to the identification of the lands forming part of Sy.No.101, they are not in a position to file an appeai seeking to conduct survey. The grievance of the petitioners is rhat even though thev have submitted an application on the file of the i *Y 3 Tahsildar seeking to conduct survey in respect of lands forming part of Sy.No.1Ol, the same has been considered and rejected by the second appellate authority, which action on the part of the respondents amounts to taking away the rights of the petitioners to file an appeal, if they are aggrieved by the original survey conducted by the survey department.

4. Admittediy, as per the circular instructions issued by the Commissioner, Survey, Settlement and Land Records, the Tahsildar is the competent authority to conduct suwey. by deputing the Mandat Surveyor, and if the parties are aggrieved with regard to localization or ltxation of the boundaries, they are having a right to file an appeal before the Revenue Divisiona-l Oflicer for the demarcation by the Deputy Inspector of Surveys of concerned Revenue Division; and if the parties are aggrieved by the proceedings of the Deputy Inspector of Survey, may file second appeal, if so desired before the Assistant Director for demarcation by the lnspector of Survey of District maintenance unit. In view of the above and since the appellate authority has 5. passed order without taking into consideration of the sub- division records prepared in respect of Sy'No'1Ol' this Court -+ a \ deems it appropriate to dispose of this writ petition setting aside the procee<lings uide File No.A1l25t12024, All2S2l2024 dated O5.IO.2O24 passed by respondent No.3 and perrnitting the petitioners to file arr F-Line application on the frle of the TihsitdArr in terms of the circuiar instructions issued by the Commissioner, Survey, Settlement and Land Recorrls. In the event if the petitioners submit an application fuifrlling all the requirements mentioned in circulars ujde Rc.No.N1 16543199, dated 25.07.2001, Rc.No.Nl lt4OBlOT, dated t3.O7.2OO7, and Rc.No.N2/ 1741/2OlO, dated tB.0S.201O, the Tahsildar is directed to conduct survey, within a period of three (3) months from the date of Iiling such application, after issuing notices to the petitionr:rs and all the intere sted / concerned parties. In case, if respondent No.4 is of the view that sub-division numbers is required to be done and any further fee is requrred to be paid by the petitioners in terms of the Circulars referred above, the same shall be intimated to the petitioners and on receipt of such intimation, the petitioners shall pay such fee as may b,e required by respondent No.4. On such payment of fee by the pretitioners, respondent No.4 shall take further steps for taking up the survey as requested by the petitioners and conclude the same in accordance wrth law. Y 5 6 With the above observations, this writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any' shall stand closed SD/-A. SRINIVASA REDDY ASSIS ANT REGISTRAR /ffRUE COPY// S CTION OFFICER \ To,

1. The Principal Secretary, Revenue Department' The State of Telangana' Telanoana, Secretariat, Hyderabad

2. The District Collector, Narayanpet District. S iij; Di;i;i;i 5rru"v-oni""r,'survey and Land Records, Naravanpet District 4. The Tahsildar, tvla'ddur Mandal, Narayanpet District S. fne fUinOal Surveyor, tVladdur Mandal, Narayanpet.District O. Or" Cc to SRt N.'BHUJANGA RAO, Advocate toqpq] ^- 7. ila cc to snt NEELI AsHoK KUMAR, Advo-cat9 [of tlc] . - . . b. ifi ccsio GP FoR REVENUE, High court for the State of Telangana' 9. Two CD CoPies tsN BS I 1t I I HIGH COURT DATED:2810112025 1 q ORDER WP.No.29515 of 2024 4=- gi\- J r/'' ( I (, 2r ;l[Zl 7 o I C5.':,;- i - .;/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ b