High Court · 2025

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS, declaring the action of the respondent authorities in rejecting the F-line application dt.18.06.2024 and not acting upon the fresh F-Line application d1.25.O9.2024 and representation dt.29.11.2024 as illegal, unconstitutional and consequently set aside the endorsement dt.28.08.2024 and direct the respondent authorities to complete the survey and demarcation of boundaries of the land belonging to the Petitioner in Sy,No.314/A admeasuring Acres 1.20 gts situated in Samithi Singaram Village, Manuguru lvlandal, Bhadradri Kothagudem District as per the rules in force. |.A.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 No.4 to consider forthwith the F-Line application dated 25- 09-2024 and representation dt.29.11 .2024 for immediately initiating Survey and demarcation of boundaries with regard to land belonging to the Petitioner in Sy No.314/A admeasuring Acres 1.20 gts situated in Samithi Singaram Village, Manuguru Mandal, Bhadradri Kothagudem District as prescribed under the Telangana Survey and Boundaries Act 1923 and executive instructions therein, without reference to the rejection of F-line application dated 18.06.2024. Counsel for the Petitioner : SRI B.ARJUN Counsel forthe Respondent Nos.1 to 6 : GP FOR REVENUE Counsel forthe Respondent No.7 : - The Court at the stage of admission made the following ORDER l ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY . WRIT PETITION No.24 of 2O25 , This Writ Petition is filed praying this Court to declare the action of the respondent authorities in rejecting the F-Line application dated 18.O6.2O24 and not acting upon the fresh F-Line application dated 25.O9.2024 and representation dated 29.L1.2024 submitted by the petitioner as illegal, unconstitutional and for other appropriate reliefs.

2. Heard the learned counsel for the petitioner and learned Assistant Government Pieader for Revenue appearing on behalf of respondent Nos. 1 to 6 the respondents and with their consent this writ petition is disposed o[ at the admission stage.

3. The petitioner claims to be the pattadar and possessor of land admeasuring Ac. 1.20 guntas situated in Samithi Singaram Revenue Vi1lage, Manuguru Mandal, Bhadradri Kothagudem District, having acquired the same by way of assignment under the land losers quota and her name is also reflected in the Dharani portal and new pattadar pass books and title deeds are also issued in her favour vide Khata No.476. It is stated that when the neighbouring land owners were trying to encroach upon the subject land, the petitioner was ( 2 CVBR, J wP 24 2025 constrained -,o submit F-Line application No.DtrRO224O106Z73T dated 18.O6.1),024 for conducting survey and demarcation of the subject land. I{owever, the said application was rejected on

28.08.2024 sr,ating that SD records are not ava able. It is further stated that the petitioner submitted another F Line application dated 25.09.2024 and representation dated 29.1I.2024 requesting to conduct survcy, sub-division and demarcation of bouncaries of the subject land The grievance of the petitioner is that desp;te rcceipt of the said application and representation, till date no action has been taken thereon by the respondents.

4. The issue relating to conduct of survey, demarcation, sub_ division of land etc., was considered by this court vide order dated 23.08.2022 i;-r W.P.No.32785 of 2022 and after laking rnto consideration the relevant circulars, this Court disposed of the said writ petition u ith certain directions and the relevant po rtion of the said order reilos as under:- "8. The Commissioner, Surueg, Settlements and. Land. Records, Hgderabad, has issued. uaious ciranlors from ttme to time in connection uith conducting of surueg, demarcqtions and sub diuision of land and suruey numbers and also disposal of Fline petitions submitted. by the pcuties concetrLed seeking surueg and sub-diuision. The said circulars were ; \ J CVBR, J wP 24 2025 issued keeping in uiew the Board Standtng Orders 34A para 2O(a) of the Board Standing Orders, uhich reads as under: "Applications from priuate parties to point out the boundaries of their fields in accordance uith the surueg records mag be receiued bg the Taluk Tatsildq.r. On recetpt of the qpplication with the deposit (prescribed fee), the Tahsildqr should foruuard it to the SurueAor-Firka DeputA Suruegor uho should, durtng his uisit to the uillage, complg uith the request. Th.e Surueyor-Firka Deputy Suruegor shouLd aJter pointing out the required boundary to the ryot, obtain his signature to that eJfect in the application and stauld himsetf (wite) thereon that the boundary was pointed out bg him in qccorclqnce uith the tneasurements noted in the surueg records." Paragraph No 6 (b) of the Rc.No.N2/1741/2010, dated

18.05.2010 Circular reods as under:- "F line petitions/ demqrcqlion petitions receiued in respect of portions of suruey fields in ogiculfitral lands shouLd be conuerted bg TahsikJars ad appltcations for subdiuision on paAment of balance fee pagabte, if ang qnd subdiutsion should be done in accordance uith BSO 34 A para 13 and in respect of Telangana disrncls in qccordance with CSSIR circttlqr Rc. No. N 1 / 1 408/ 07 dt. 1 3.07. 2007."

9. Thereafier, another Circular in Rc.No.Nl/4296/2O12 dated 22.O8.2072 utas issued duty issuing further instructions and guidelines for demorcation and surueg of the sub diuision surueg numbers and insttuction l{os. Lo 6 of the said Cira)lar read o.s under: "1. Euery F Line Demarcation apptication must be submitted to the concerned Tahsildar/ E Seua/ Mee-Seua. 2. Euery F-Line Demarcation appLication must be regrstered dnd such registered applications must be attended in seriatum onLA and uaLid reqsons for ang deuiation to the seriatum should be recorded. 3. (ct) Euery F-Line demqrcqtion qppLicotion shcttl be accompanied by a Xerox copA oJ pqttadqr passbook or o copg of the lat"sl odangol/ pahoni. 4 CVBR, J wP 24 2025 (L') Demarcation application without sucll suppotliue or eriderltiaL docutnent mog be rejected. 4 If the apphcant submits a self swom alfidadt declanng his iqlLts/ reputed ownership c possesslon ctlong with the detnarcation petltion, the concemed Tahsildar tnag take on appropiate decision afier thorough ueifccttion of records etLter to foruuard the scLme to tlE SurueAor or reject. 5 (d) Mandal SurueAor/ DeputA Suruegor shall serue notices to th.e 11) Apphcont (2) AdJacent lqnd holders within the surueg number and ad1 otning suru eg numb er s (3) Village Reuenue Offi.cer fil If the adjacent land belongs to locat bodtl/ GouenLment, notices shalL be serued on the concerned autl-Loitg (b) Pnor to issue of notices or after issuing the notices, tf ang wrLtter. objections of the adjacent land holders are receiued, dernarcation cqnnot be denied unless it is a legatlg ua\id ob iection and approued bg the Tahsildar. [n general, ctfter issuing the notices if any adjacent Land k) hold<:r absent for demarcatrcn, ftqturallg demqrcation uilt be postpolLed. Irr such cases, notices to be issued to oll tlLe conc'ented consequenttlJ tuo times and if any of them is absent for detnttrccLtion euen after receipt of the notices, a final notice shall be issrierl intimating them that the demarcation w{ll be d.r:ne on the ciaie mentoned. in the finat notice oeuen in their absenc e", as due opDorl.utlitg was giuen.

6. ,f the demctrcotion application is for a pari of undiutded fetd such eppllcation mag be conuerted into patto sub_diuision appLicotion and necessarg statutory procedure to be foltoued for it bg taking application from applicant." 5 CVBR, J wP 21 2025

10. From a perusal of the aboue refered Circulars, it is clear that as and u.then F-line petitions for demarcation/ sub-diuision ore receiued in respect of portions of suruey numbers in agianltural land, they are requtred to be conuerted os applications for sub-diuision bg the Tahsildars on pagment of balance fee payable, if ang and sub-diuision shall be done in respect of the TeLangana Disticts in accordonce u.ith Circttlar in Rc.No.Nl/ 1408/07, doted 13.07.2007, issued bg the Commissioner of Surueg, Settlement and Land Records. At this stage, it u.rculd be necessary to make note rtf some of the [nstntctions issued in tlrc said Circular dated 13.07.2O07 ulhich are extracted hereunder: '5. Thereafter, the Mandat Suruegor will proceed for sub diuision and prepare the sub-diutsion record. The sub-division shall be done in qccordance with the desciption of propertg sale deed in case oJ sales, partition deed in case of partition, mutual agreement in co-se of succession etc. Houteuer, the sub diutsion uiLL be done onlg subject to ttle actual possession on ground tattAing with the documents mentioned aboue prouided thot the Tra nsferees name finds place in the Reuenue qccounts through proper mutation.

6. After preparation of the SDR, the Mandat Suruegor shaLl submit it to the Tahsitdar who rttitl. uertfy uhether it confinns to the documents and wheth.er records are signed bg all tLrc concerned parties. Thereafler, Tahstldar should. send the record 10 Assistant Director, Surueg and Land Records Depqrtment with a proposal for sanction of Ptndi.

7. Upon receipt of this proposal, the Assistant Dtrector shall scrutinize the records and take further action for preparation ctnd issue of supplementary sethluar and for incorporatton of changes, if anry." 1 1. The Ciranlar instnLctions issued bg the Commtsstoner ore uery clear and absolutelA there is no ambiguita o.n.d. the obligation that is cast upon the respondent-TaLlsild ar is unequluocal and hence, ang action on the part of the 't 1 i l I : 6 CVBR. J wP 24 2025 respottdetts to refuse to conduct suruey and demarctLtion or sub-diuision of the part surueg numbers pursuant to the request made bg the persons concemed bg subrnitting F-Line petitions is totallg impennissible and illegal. It is only tt cLuoid such artbiguous situotion, the aboue rekrred ciranlars were issue-d categoicallg stating tlut it is the obligation on the part of th.e respondent Talsildar to take up such applications as ond Luhel1 the applications are receiued for surueg and demarcrttion of part surueg numbers and to compkzte the surueu bg duly collecting the required fees."

5. In the light of the above, this Court is of the considered view that the petitioner herein is also standing on the same footing and she is also entitled for the same relief to maintain parity.

6. Resr-rltantly, this Writ Petition is disposed of with r-he following directions: i) Respondent No.4 is directed to take up the F-line application of the pct,.tioner daLed 25.09.2024 for conducting survey, sub- division and demarcatron by fixing boundaries of the subject land in Survey No.314/A admeasuring Ac. 1.20 guntas situated in Samitl-ri Singaram Village, Manuguru Mandal, Bhadradri Kothagudcm District; ii) In case respondent No.4 is of the vierv that sub-division numbers is required to be done and any further fec: is required t 7 CVBR, J wP 24 2025 to be paid by the petitioner in terms of the Circulars referred to above, the same shall be intimated to the petitioner and on receipt of such intimation, the petitioner shall pay such fee as may be required by respondent No.4. iii) On such payment of fee by the petitioner, respondent No.4 shall take further steps for conducting survey as requested by the petitioner and conclude the same in accordance with law; iv) The entire exercise, as directed above, shall be completed within a period of forty hve (45) working days from the date of receipt of a copy of this order. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. //TRUE COPY// SD/-L.LAKSHMI BABU T REGISTRAR ASSIS TION OFFICER To

2. J.

4. 5.

7. The Principal Secretary, Revenue Department, Dr.BR Ambedkar Telangana Secretariat Building, State of Telangana at Hyderabad. The District Collectbr, Bhadradri Kothagudem District at IDOC Building' Near Navabharath, Palvancha, Kothagudem. The Revenue Divisional Officer, Bhadrachalam Division at Bhadrachalam, Bhadradri Kothagudem District. The Tahsildar, Manuguru, Manuguru lvlandal, Bhadradri Kothagudem District. The Mandal Surveyoi, Manuguru Tahsildar Office, Manuguru, Bhadradri Kothagudem District. The A6sistant Director of Survey and Land Records, Bhadradri Kothagudem District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI Ohe CC to SRI B.ARJUN, Advocate [OPUC] Two CD Copies o I BSK w SA I t i p ( 1Hf. ST4 re. 0 5 r:tB 2$25 z a + -4 * o€sp t.ra:t-lLg o (, ( t i HIGH COURT DATED:0310112025 ORDER WP.No.24 ot 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. \ 5