The High Court · 2025

Judgment

5. The State of Telangana, Revenue Department, Rep. by its Principal Secretary, Secretariat, Hyderabad. The District Collector, Ranga Reddy District. The Assistant Director, Survey and Land Records Shamshabad Mandal, Ranga Reddy District. The Mandai Surveyor, Shamshabad Mandal, Ranga Reddy District. The Tahsildar, Shamshabad Mandal, Ranga Reddy District. ...RESPONDENTS

Petition under 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 issue an appropriate writ, order or Direction, more particularly one in ihe nature of Writ of Mandamus by declaring the action of the Respondent Nos. 2 to 5 in not conducting survey and fixing the boundaries to all that land in Survey No. 477ta1l5j admeasuring Ac.o0.20 guntas at situated at Palamakul Village, shamshabad Mandal, Ranga Reddy District in pursuance of Application No.DER022300924805 on 20.04.2023 as illegal, arbitrary and also violative of principles of natural justice and consequently direct the Respondent Nos. 2 to 5 to conduct Sub-Divisional Survey and fix the boundaries to all that land admeasuring Ac.00.20 guntas in survey No. 477ta1l@ at situated Palamakul Village, Shamshabad Mandal, Ranga Reddy District. lA NO: 1 OF 2024 Petition under section '15'l 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. 2 to 5 to conduct Sub-bivisional survey and fix the boundaries to all that land admeasuring Ac. 00.20 guntas in survey No. 477la1l@ situated at Palamakul Village, Shamshabad Mandal, Ranga Reddy District pending disposal of main Writ petition. Counsel for the Petitioner: SRI S. LAKSHMI KANTH Counsel for the Respondents: ASST. Gp FOR REVENUE The Court made the following: OROER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.37O63 of 2A24 ORDER: This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated 2O.O4 .2023 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.0.20 guntas in Sy.No.477/41/ee, situated at Palamakul Village, Shamshabad Mandal, Ranga Reddy District, as illegal and arbitrary and for other appropriate reliefs.

2. It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.0.20 guntas in Sy.No.477/41/eo, situated at Palamakul Vittage, Shamshabad Mandal, Ranga Reddy District. It is further stated that the name of the petitioner was reflected in all the revenue records as paltadar and the revenue authorities also issued e-pattadar pass book bearing No.TO523O28l37f uide Khata No.6O631 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is further stated that when neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had subrnitted F-Line application, dated 2O.O4.2O23 to respondent Nos.4 and 5, by paying requisite fee to i I i 2 CVBR, J Wp_37063 2024 conduct survr:y ofthe subject land and fix the boundzrries. The grievance ol [he petitioner is that even after receiving the said F- Line applir;ation, the respondent authorities are not <:onducting survey and fixation ol the boundaries.

3. Consictered the submissions of the learned counsel lor the petitioner zrnd lcarned Assistant Government Pleader for Revenue appearing for thc respondents and with their consenl. this writ petition is rlisposed oI at the admission stage.

4. Le arncd counsel for the petitioner has submittcd that 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 dzrte of the application aftcr collecling necessary charges.

5. Learned Assistant Government Pleader for Revenue appearing lbr the respondents has submitted that the rr::spondent authorities w'ilI consider the aforesaid F-Line application submitted by the peti:iorrer by following due procedure laid down under law and conduct survey and demarcate the subject land by f rxing boundaries.

6. It is settled law that the Survey Department has the authority to conduct survey and demarcate lands in ar:cordance . ===.-- 3 CVBR, J wp 37063 2024 with the provisions of the Telangana Land Revenue Act, 13l7 Fasli (Act.No. VIII of 1317 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. Individuals requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fulfitled, the survey and boundary {ixation 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 vide Rc.No.N1/6543/99, dated 25.07.2OO1, Rc.No.Nl/ 1408/07, dated

13.O7.2OO7, and Rc.No.N2l 174l/2OlO, dated 18.O5.201O stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fullils all the conditions of the said circular, it is an obligation for the respondents to conduct survey within the time specified in the said \ circulars. $ t,

7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.4 and 5 to examine the petitioner's F-Line application uide No.DERO223OO924aO5, dated 20.O4.2023 submitted for 1 CVBR, J wp _37063 2024 conducting s urvey and demarcation by hxing boundarv stones to the petitiont:r's land to an extent of Ac.0.20 guntas in Sy.No.477/41/el, situated at Palamakul Villagc, Shamshabad Mandal, Ranga Reddy District and if the petitioner fulfils all the conditions mcntioned in the circulars issucd by the Com missioner, Survey, Sr:ttlr:mcnts and Land Records from time to time, after issuing notices to all the pcrsons interested and adjacent pattadars and after considering their objections, respondent Nos.4 and 5 shall conduct survey ol the aforesaid land, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With thr: abovc observations, this Writ Petition is drsposed of There shall be no order as to costs. 9 . As a sequel, the miscellaneous petitions pending, if any, shall stand closcd. SD/- P.PADMANABHA REDDY T REGISTRAR ASS'ST\ //TRUE COPY// $ecrrou oFFtcER The Principal.Secretary, Revenue Department, The State of Telangana, Secretariat, Hyderabad. The District Colrector, Ranga Reddy District. The Assistant Drrector, Suirey and'Land Records Shamshabad Mandal, Ranga Reddy District. Il9 y_Tq,9] Surveyor,.Sham:t:rab?d Mandat, Ranga Reddy District. r ne I ansttoar. Shamshabad Mandal, Ranqa Reddv Districi. - Qne QC to SRt S LAKSHMT KqNTH, Adv5cate tOpUCi ]-wo CCs to GP FOR REVENUE, Uijn Court for the Sta'te of Tetangana. Two CD Copies BN PSK O ,, it1-' To,

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8. HIGH COURT DATED:0210112025 ORDER WP.No.37063 of 2024 € STA it ( q 5 o o :,: Il \_ 30 Jri'i 2$25 t Og SPAT (:s(-o C .L *r DISPOSING OF THE WRIT PETITION WTHOUT COSTS I ?p- \ >S cu$lb t\