High Court · 2025

Petition Under A(icle 226 of the C-onstitution of lndia praying that in the eircumstances stated in the affidavit filed therewith, the High Court may be pteased to is$ue a writ/q, or-der/s rngre padicularly one in the ralure o{ writ of Mandamus declarrng the action of the respgndent No.4 in not conducting Pafta= Eub-d ivision/Pa rtitio n of the petitioner's land admeasuring Ac. 3.24 Qts i1 sy' no 1911E4,0.10 Gts in Sy. No. 191t15, Ac.2.O4 gts in sy. no. 191/5, ail situated in Nagaram village, Varigonda lVandar, in pursuance of proc No. 8/909/2023, dated 21.8 2023, as being ilregar arbitrary and u nconstitutionar and consequenuy direct the respondent No.4 to conduct patta-sub-d ivis ion/partition of the petitioner's land admeasuring Ac.3.2q G!$ in sy. no. 191tE4,0.10 Gts in Sy. ..tyo. 191/15, Ac.2,Q4 gts in 9y. lq 1Ql15, qfl sitpated in Nagapam yiltage, Valigonde Mandal, !n Purguatlpe of ProQ lt-Jq Q€oslZOzs , d4ted l.l,q2oZ;3 t.A.NO 1 0E 2023 fgtitien Un(q1Se9!i9n lpl CFQ prsyilq that in tfrg circqmstances stated in the affidavit fifed iri sup'fiort of th9 pqtition, the High Cou( may be pleased to isEue interim directigns !g lhe respondent Np, 4 tq fortbwith lale aFtion on the F. linq applicalig1 of the petitioner dalgd 9.11.2023, ppnding disposel of the wril petition Counsgf for the Petitionql : SRt V.VENKATA MAYUR Counss! fo( tlrg RF$porCents i cB FgR BEyFNUF rhe cosrt rnage tlg folg-rying cq{g4,gN glPen () HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION Nos.L728O and 34171 of2o23 COMMON ORDER: The issue involved in both the writ petitions 1S intrinsically interconnected and therefore, they are' taken up and hear-d together ald are being disposed of lly this common order.

2. W.P.Nc,.l728O of 2023 is filed seeking the following relief: "...to issu e a Writ/ s, Order/ s more particularly one in the nature o1 Writ of Mandamus declaring the action of the respondenl. No.4 in not conducting demarcation and fu.ing field boundaries of the petitioner's land admcasuring A:.3. 30 guntas in Sy.No.191/2O/2, Ac.2.l75O gts., in Sy No. 191/RU, \c.O.26 Gts., in Sy.No.191/E, Ac.0.34 gts., in Sy. No.191i 9, Ac.2.045O gts., in Sy.No.194/E,2/2 and A:.2 0450 gts in Sy.No.194/3, al1 situated in Nagaram Village, Valigond:r Mandal, as being illegal, arbitrary rrnd unconstitutional and consequently direct respondent l' o.4 to condur:t demarcation and fix the field boundaries of the petitioner's, land admeasuring Ac.3.3O Gts., in 51'.No 19l /20/tt, Ac.2.7750 gts., in Sy.No.191/RU, Ac.O.26 (:ts., in Sy.No. 191- /8, Ac.O.34 gts in Sy.No.191/9, Ac.2.O45O gts in Sy.No. l94lE212 and Ac.2.O45O gts., in Sy.No.194l3. d1 situatcd Lr Nagaram Vi11agc, Valigonda Mandal and be pleased to pass..." 3 W.P.No.3417t of 2023 is filed seeking the following reliet "...to issue a Writ/s Order/s more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in not conducting "patta_sub- division/Partition" of the petitioner,s lanJ ad-easuring !c.1. 24 Gts in Sy.No.19L/D4, O.LO Gts., in Sy.No.l91l15, Ac.2.O4 gts., in Sy.No. t gl / S all situated in Najararn vrllage, Valigonda Mandal, in pursuance of eroc.wo.e79 Og / 2023 dated 2L.8.2O23 as being illegal, arbitrary alrd unconstitutional arrd consequently direct respondent No.4 to conduct Patta-sub-division/partition of the petitioner,s land admeasu nng Ac.3.24 Gts., in Sy. No.19i/E4, O.10 Gts., in Sy.No.19tliS, Ac.2.O4 gts., in Sy.No.r91lS a1l situated in Nagaram village, Valigonda Mandal, in pursu€rnce of Proc.No.B/9O9 /2023, dated 21.g.2O23 and be pleased to pass..."

4. For the sake of convenience, W.p.No.341Tl of 2023 is taken up as leading case to decide the lis in these cases.

5. Considered the submissions of the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents.

6. It is stated that the petitioners are the absolute owners and possessors of various extents of land 1n Sy.No. 191 .-and its sub-divisions situated at Nagararn Viiiage, Valigonda Mandal. It is further stated th'at the petitioners trave filed F-line applications seek'ing to conduct survey of the subject lands, by complying with all requirem.ents of the circular instructions issr.red by the Comm'lssioner, Survey, Settlements ald Land Records from time to time, but the safile were r'ejected initially stating that Sy.No.191 was sub-divided into various sur!'ey numbers and the petitioners h ave to make applications for preparation of sub-division records in respect of the subject land and pursuant to thrr same, they have also made application for preparation rlf sub- division records for the land in Sy.No.191. The gnevance of the petit ioners is that even after receiving tl Le said application, the respondents are not consideri ng the same. Hence, the present writ petition.

7. Learnetl Assistant Government Pleader for Revenue appearing for the respondents has not disputed the submissions made by learned counsel for the petitioners that the petitioners have made F-line applications initially, seeking to conduct survey of the total extent of the lands in Sy.No. 191 and also not denied the circular instructions issued by the Commissioner, Survey, Settlements and Land Records conferring the powers on the respondent-Tahsildar, Valigonda Maldal for preparation of the sub-divisional records for the total extent of the lands in Sy.No.191. However, learned Assistant Government pleader contends that except submitting F-line applications seeking to conduct survey of the subject lands, the petitioners have not submitted application for sub-division of the lands in Sy.No.191.

8. In view of the above submissions, this Court is of the view that ends of justice would be met if the petitioners are permitted to make appropriate application seeking for preparation of sub-diyisional records in respect of the subject lands in Survey No. 191, strictly in conformity with the circular instructions issued by the Commissioner, Survey, Settlements and Land Records utde Rc.No.Nl/6543/99, dated 2S.OT.2OOt, Rc.No.I.lll l1O8/07, dated 13.07.2OO7, and Rc.No.N2/174ll2OlO, dated 18.05.2010 and if the application submitted by the petitioners complieslvith all requiremenl s, the respondent- Tahsildar, Valigonda I\{andal sha1l conduct survey and prepare th': sub- divisional records for the lands in Sy.No.191, situated at Nagaram Village, Valigonda Mandal, within eight (08) weeks from the date of receipt of such application, after issuing notices to all the interested/effected persons for conducting the survey.

9. With the above directions, both the writ pt:titions are disposed of. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.P. PADMANABHA REDDY REGISTRAR D -i\, I' IPUrY --:==-:-----'--:-=- \ser:Tlott oFFlcER

1. The Secretary, Revenue Department, Secretariat' State of Tt'rlSngana at Hyderabad

2. The District Collector, Yadadri Bhongiri Districl i. fn" Ai"i.irnt Director of Survqy ano ;qnq lgcords Yadadri Bhongiri District a fh" tufttitOar Valiqonda Mandal, Yadadd Bhongiri District S. f*o CQs to GP fdl nfVf NUE ,High Qourt fpr the State of Telangana at o Oire CC to SRI P SHIVA REDDY, Advopate tPPy^CJ Z One CC to SRI V.VENKATA MAYUR, Advocate (OPUC) Hvderabad [OUT] I. Two CP Copiesw To SA BS I t HIGH COURT DATED:0410312025 COMMON ORDER WP.No.17280 AND 34171 ot 2023 e c 1 HE STA 16. ( 1 0 APB 2025 ((\( a t {)E --r'|.'/ :/' DISPOSING OF THE WRIT PETITIONS WTTHOUT COSTS. t9 rl