fVl/s Gemini Wafer And Cones Machine v. 1. The State Of Telangana

Petition undgr Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant a Writ, Order or Direction, more particularly one in the nature of Mandamus declaring the action of the Respondent Nos. 1 to 5, more particularly Respondent Nos. 3 to 5 in not considering the F-Line application filed by the Petitioner herein for conducting survey, sub-division and demarcating boundaries of the said tand, i.e. land admeasuring Acres. 3-00 Guntas, forming part of Survey No. 618/C, situated at Pudur Village, Medchal Mandal, Medchal-Malkajgiri District, vide No. D8R022200859921, dated 05.11.2022 till date, despite the status shown as 'Approved' as illegal, arbitrary, unconstitutional and violative of Articles 14,21 and 300-A of the Constitution of lndia. lA NO: 1 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 Respondent Nos. 3 to 5 herein to forthwith consider the application bearing no. DERO22200859921, dated 05.11 .2022 and file an Action Taken Report before this Hon'ble Court in time bound manner Counsel for the Petitioner: SRI ZEESHAN ADNAN MAHMOOD Counsel for the Respondents: SRI L. RAVINDER, AGP FOR REVENUE The Court made the following: ORDER r ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL UIRIT PETITION No.3376O of 2o.25 This Writ Petition, under Article 226 of the Constitution of lndia, is filed seeking the following relief: "...to grant a Writ Order or Direction more particularlg one in the nature of Mandamus declaing the action of the Respondenf ,lVos. 1 to 5 more partianlarlg Respondent Nos.3 to 5 in not considering tLrc F-Line application filed bg the Petitioner lrcrein for conducting surueA subdiuision and demarcating boundaries of the said land i.e., land admeasuring Acres 3.OO Guntas fonning part of Suruey No.61B/C, situated at htdur Village, Medchal Mandal, Medchal-Malkaigiri Distict uide No.DERO222OO859921, dated 05. 1 1.2022 till date despite the stafus shown as Approued as illegal, arbitrary, unconstitutional and uiolatiue of Articles 74, 27 and 3OOA of the Constitution of India..."

2. Heard Sri Zeeshan Adnan Mahamood, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for the respondents and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the absolute owner and t- Page 2 of5 possessor of land admeasuring Acs.3.OO guntas, forming part of Sy.No.6l8/C, situated at Pudur Village, Medchal Mandal, Medchal-Malkajgiri District. The rlame of the petitioner was duly mutated in the revenue records uide Mutation Proceedings bearing No.B/3351i!.OOg, dated

23.06.2009. In proof of the same, he has fited copies of mutation proceedings. The petitioner has submitted multiple F-line applications bearing Nos.DF,Ro221 00637os9, dated 20.O4.2021; DERO22|00704264, dated t6.IO.2O2t and DEROO21OO7285OO, dated 23.t2.2021 with the respondents with a request to conduct survev artd demarcate the aforesaid land by fixing the boundaries. The 1atest F-line application bearing No.DERO222OO8S9gill, dated

05.11.2022. Despite receiving and acknowledg,ing the said F-line applications, the respondents'did not act upon the same. Aggrieved by the said inaction of the respondents, the petitioner filed the present writ petition.

4. whereas, learned Assistant Government pleader for Revenue, instructions, would submit that the I t Page 3 o1'5 respondents will consider the aforesaid F-line application submitted by the petitioner by following the due procedure laid down under law and conduct survey and demarcate the afciresaid land by fixing boundaries.

5. It is settled law that the Survey Department has the authority to conduct survey and demarcd.te lands in accordance with the provisions of the Telangana Land Revenue Act, lgl1 Fasli (Act No. VIII of l3l7 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (field measurement) surveys. tndividuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulfilled, the survey and boundary fixation 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 I I 6543 I 99 , dated -/ Pagc 4 ol'5

25.07.2OO1, Rc.No.Nl /1408/07, dated l3.O17.2OO7, and Rc.No.N2 I 174l /2OlO, dated 18.05.201O stiJrulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils all the ,:onditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said circulars.

6. In vieu, of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition c irecting the respondents to consider examine the petitioner's F-Line application uide Application No.DERO222OO85992|, dated

05. 1 1.2022, in accordance rvith the provisions of the Telangana Survey and Boundaries Act, 1923 and also in terms of the circular instructions issued by the Commissioner, Survey, Settlements and Land Records for conducting survey on field measurement applical.ions (F-Line applications), from time to time, within a period of eight (08) weeks from the date of receipt of a copy of this orCer. I \ r Page 5 of5

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs As a sequel, miscellaneous petitions, if any, pending, shall stand dismissed //TRUE COPY// SD/.A.V.S. PRASAD DEPUTY REGISTRAR a SECTION OFFICER

1. The Secretary, Revenue Department, Hyderabad, The State Of Telangana, Telangana.

2. The District Collector, Medchal-Malkajgiri District. 3. The Regional Deputy Director, Survey Settlements and Land Records (SSEILR), haVing its office at Survey Bhavan, Narayanguda, Hyderabad.

4. The Tahsildar (MRO), Medchal Mandal, Medchal-tMalkajgiri District 5. The Mandal Surveyor, Medchal Mandal, Medchal-Malkajgiri District. 6. One CC to SriZeeshan Adnan Mahmood, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad TOUTI

8. Two CD Copies To, TJ LS I I T HIGH COURT DATED:0711112025 ORDER WP.No.33760 of 2025 3 l HE t r4 16, o 1g il0\J ?$fi .,/ -/ 6( .// DISPOSING OF THE WRIT PETITION WITHOUT COSTS rl x-