High Court · 2025

Petition Under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ or direction, more particularly a -Writ in the *{--; nature of Mandamus to decrare the in-action of the respondent No.2 to 4 in conducting the survey and demarcating the boundaries in respect of the schedure property i.e., Plot bearing No. 74 admeasuring 206 Sq yards or 172.22 Sq.Mts., in sy. No.90/cD and 94 part, situated at Nizampet Viilage and Grampanchayut, Qutubillahpur Mandal, Ranga Reddy District pursuant to the F-Line application dated 30-08.2022 is illegal, arbitrary and u nconstitutiona I and consr,:quen y direct the respondent No's 2 to 4 to conduct survey and demarcate the schedule property ie., Plot bearing No. 74 admeasuring 206 Sq yards or 172 22 Sq.Mts., in Sy. No.90/CD and 94 part, situated at Nizampet Village and Gr,ampanchayut, Qutubillahpur [\/andal, Ranga Reddy District pursuant to the F-Lire application vide Application No. DE R022200857590 date 28-10-2022. l.A.NO;1 OF 2025 Petrtion Under Section 151 cpc praying that in the circumstances stated in the affidavit filed in sLrpport of the petition, the High court may be pleased to issue interim directions to the respondent No.2, 3 and 4 to forthwit'r conduct the survey and demarcate the schedule property i.e plot bearing No. 74 admeasuring 206 sq yards or 172.22 sq.l{its., in sy. No.90/cD and 94 parr, situated at Nizampet Village and Grampanchayut, eutubillahpur Mandal, Franga Reddy District pursuant to the F-Line application vide Application No. DE R0,12200857590 dale 28-10-2022 peniing disposal of the writ petition. Counsel for the Petitioner : SRI.RAJAGOPALLAVAN TAyl Counsel for the Respondent Nos.1 to 4 : AGp FOR REVENUE Counsel for the Respondent Nos.5 & 6 : - The Court made the following ORDER I I I I L HON'BLE SRI JUSTICE C.V. BHASKAR REDDY V/RIT PETITION No.2 of 2025 ORDER: This writ petition is Illed praying this Court to declare the action of respondent Nos.2 to 4 in not considering the F-Line application, dated 28.10.2022 srtbmitted by the petitioner to conduct the survey and demarcation of the plot No 74 to an extent of 206 square yards or 172.22 square meters, situated in Sy.No.90/CD and 94 Part situated at Nizampet Village and Gram Panchayat, Qutubullapur Mandal, Ranga Reddy District, as illegal, arbitrary and unconstitutional and antf consequently prayed this Court to direct the respondent Nos.2 to 4 to consider the F-Line application, dated 28.10.2O22 ar,.d for other appropriate reliefs' It is stated that the mother of the petitioner had purchased 2. plot No.74 to an extent of 206 square.yards or 172'22 square meters, situated in Sy.No.9O/CD and 94 Part situated at Nizampet Village and Gram Panchayat, Qutubullapur Mandal, Ranga Reddy District, under registered saie deed bearing document No 489 of 2OO6, dated 06.01.2006. A careful examination of the sale deed bearing docurnent No.489 of 2006, reveals that the mother petitioner has purchased open plot located in various survey numbers. It is not the case of the petitioner that the property 2 CVBR, J wp 2 2025 purchased by lris mother is agricultural land and that she paid stamp duty or registration fees on acre basis. The schedule of property in thc sale deed establishes that the nature of the property is an open plot, admeasurir.g 206 squarc yaL'ds. It is settled la\r, tha t the Survey Department has the authority to conduct survr:y and demarcate lands in accordance with the provisions of t)-rr: Telangana Land Revenue Act, l3l7 Fasli (Act No. VIll of I 3 1 7 llasli), the Telangana Survey and Bounda ries Act, 1923, and thr: Rules framed thereunder. The Governnrent has issued various r;irculars specifying the conditions for conducting surveys, parl.it:ularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submil specihc documents, nnd if the conditions stipulated in the circi.rlars are fulfilled, the survey and boundary fixation may be condur:ted. The Commissioner, [iurvey, Settlements, and Land Records, exercising po!\rers under the Telangana Survey and Boundaries Acrt, 1923, issued relev:rrLt circulars from time to timr: vide Rc.No.N1/6543 I 99, dated 25.07.2OOt, Rc.No.Nl/ 14O8/0'l, dated 13.O7.2OO7, and Rc.No.N2l174ll2OtO, dated 18.0S.2010 stipulating the conditions for conducting survey of privale lands. The said Circulars outline that only agricultural lands art: eligible for survey by tJre Survey Department. In contrast, inclividuals ) ) Y 3 C\,BR, J wP_2 2025 owning plots within approved layouts, municipalities, Gram Panchayats, or Municipal Corporations are required to engage Licensed Surveyors appointed by the Government for such surveys, as these lands are no longer considered agricultural. In the instant case, the petitioner's land is clearly identified as open plots but not agricultural land Since the petitioner,s property is not an agricultural land, the Survey Department has no jurisdiction to Survey as per the Circulars issued by the Commissioner, Survey, Settlements, and Land Records. For the aforesaid reasons, this Writ petition is devoid of merits. However, conduct F-Line the petitioner is at liberty to take the services of licensed surveyor for conducting the survey of his property i.e, open plot, if he is so advised. 3 Accordingly, this Writ petition is disposed of. There shall be no order as to costs

4. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.A.V.S.PRASAD T REGISTRAR ASSI T t, E TION OFFICER To \

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

2. The Thasildar, Bachupally, Bachupally Mandal. Madchal I\/alkajgiri District 3. The Assistant Director, Slrvey and Settlement Records Department Medchal- Malkajgiri District. +. The 1rlindal Surveyor, Bachupally Mandal, N4edchal-tVlalkajgiri District. 5.TwoCCstoGPFoRREVENUE'HighCourtfortheStateofTelanganaat I Hyderabad. [OUT]

6. One CC to SRI RAJAGOPALLAVAN TAYI, Advocate [OPUC] SA GJP

7. Two CD CoPiesk HIGH COURT DATED:0310112025 ORDER WP.No.2 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \,/t .-':-=\ ,4i€ { l:) L) 3 ti JAN 2025 * D r -s PATCI , z c, l -| I