M/s. Kanishk Affluent Private Limited v. 1. The State of Telangana

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 No.2 and 3 not to interfere with running of THE SKY NIGHT CAFE AND LOUNGE at , premises No.3-6-431 Flat No.301 3rd floor Sri Srinivasa, C Complex of Jamuna Plaza Main Road .Himayathnagar Hyderabad in serving of flavoured Hookah, till the disposal of the main writ petition. Counsel for the Petitioner : SRI K.MADHUSUDHAN REDDY Counsel for the Respondents : SRI L.RAVINOER, AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.313O2 of 2025 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated 23.02.2025 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.08.3O guntas in Sy.No. 1237 lPart, situated at Shamirpet Village and Mandal, Ranga Reddy District, as iltegat, arbitrary and violative of the principles of natural justice and for other appropriate reliefs.

2. Heard Sri K.Madhusudhan Reddy, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.

3. Learned Assistant Government Pleader for Revenue has raised an objection with regard to the maintainability of this writ petition contending that the F-Line application ) EVV, J Wp_31302.2025 is filed in the name of Sarvaksha Constructions Realtors n,here as the Writ Petition is filed in the narne of M/s. Kanishk Affluent Private Limited.

4. To answer the said objection, learned counsel for the petitioner would submit that the subject property was purchased by Sarvaksha Constructions Realtors (P) Limited ttrrough registered sale deed bearing document No.278B o[ 2005, dated 28.03.2005 and the said company was incorporated in the year 2005 under the provisions of the Compernies Act, 1956 uide Corporate Identity Number U51 10 1AP1996P[C023295 and subsequently the narne of the company was changed to Barrons Builders Private Limited, uide Certificate, dated 10.10.2007 issued by the Registrar of Companies. Learned counsel for the petitioner would further submit that again the company's name was changed from Barrons Builders Private Limited to Kanishk Affluent Private Limited assigning the sarne Corporate Identity Number uide Certificate, dated lT.06.2025. Learned counsel for the petitioner would submit that since the property was purchased in the nanne of Sarvaksha J EVV, J Wp_31302_2025 constructions Realtors F-Line application was filed on the said name and as the company's name was changed to Kanishk Affluent private Limited, the writ petition was filed in the name of Kanishk Affluent private Limited. 5- Having heard the learned counsel for the petitioner and the learned Assistant Government pleader for Revenue, this court is of the opinion that this writ petition is filed by a registered company and as the name of the company has been changed, this writ petition is maintainable.

6. Insofar as the merits of the writ petition are concerned, learned counsel for the petitioner would submit that the petitioner-company is the owner and possessor of the subject land having purchased the same through registered sale deed bearing document No.27gg of 2005, dated 28-03.2005 and intending to develop the said land, the petitioner had submitted F-Line apprication, dated 23'02'2025 to the respondents, by paying the requisite fee to conduct survey of the subject rand and fix the boundaries- The grievance of the petitioner is that, even 4 EVV, J Wp_31302-2025 ,1 after receiving the said F-Line application, the respondent authorities did not conduct survey and fix the boundaries.

7. Learned counsel for the petitioner would further submit ttrat 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. B. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, l3l7 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, L923, and the Rules framed thereunder. The Government has issued various circ:ulars specifying the conditions for conducting 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 ) EVV, J Wp_31302_2025 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 R:.No.NI/6543/99, dated

25.07.2OO1, Rc.No.NL I L4OBl07, dated 13.07.2OO7, and Rc.No.N2 lL74l /2OLO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils atl the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars. 1 t

9. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing I I respondent No.3 to examine the F-Line application uide No.TTDERO22SO IL43376, dated 23.02.2025 submitted by the erstwhile company for conducting survey and demarcation by fixing boundary stones to the subject land and if the petitioner fulfils all the conditions mentioned in the circulars issued by the Commissioner, Survey, Settlements and Land Records from time to time, after - 6 EVV, J Wp_3 t302_2025 issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondenl- No.3 shall conduct survey <;f the aforesaid land in accordance with the provisions of the Telangana Survey and Bound,aries Act, 1923 'ut'ithin a period of six (6) weeks from the date of receipt of a copy of this order. 1O. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs 1 1. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. /TRUE COPY// SD/. B. REKHA RANI ASSI.TANT REGISTRAR G SECTION OFFICER I To of Telangana at Hyderabad' ^ l.ThePrincipalsecretary,DepartmentofRevenue,secretariatBuildings,State rx, Anthaipally Village, 2. The District LJrr*tl"{oittrict lntegrated Comple ;. y;lf"t;#flffits;t? 3tX$", and rand Records Department, Jntggrated District ofri;; comprexer, A"tririljiiv" viriig", M"ochar-rvrarkajgiri District' -. ffi 3+:ru:,,ot?:31:*ee rpet rva nd al orrice, t\rledchal-Malkaisiri District' , Ifl3EB:iltdSTSn nrvrruUE, Hish court ror the state or reransana at 6 BTl"Tt?S 7. Two CD CoPies REDDY, AdvocAtc [OPUC] 'IR','ILnDHUSUDHAN SA GJP m HIGH COURT DATED:1511012025 ORDER WP.No.31302 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ( 2 b \" i * 0 E iiilt/ 2U[ t t r