Citation : 2025 Latest Caselaw 4118 Tel
Judgement Date : 20 June, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.17100 of 2025
ORDER:
This writ petition is filed seeking following relief:
"For the reasons stated in the accompanying Affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue Order, Direction or Writ especially one in the nature of WRIT OF MANDAMUS:
a. Declaring the inaction of the Respondents, more particularly the Respondent Nos. 4 and 5 herein i.e., the Tahsildar and Mandal Surveyor respectively, in not conducting a survey and demarcating the Petitioner's land despite Petitioner making an application in the prescribed format and paying appropriate fees vide Application No. DER022501160959, dated 11-04-2025.1 further submit that the said inaction of the Respondent Nos. 4 and 5 is contrary to the Circulars issued by the Commissioner of Survey, Settlements and Land Records, Government of Telangana (the then Andhra Pradesh) vide Circular No. N1/1247/2006, dated 18-07-2006 and Circular bearing, Rc.No.M1/1408/2007, dated 13-07-2007 as well as being in contravention of the Judgment passed by this Hon'ble Court in W.P. No. 33290 of 2013, W.P No. 32785 of 2022 and W.P. No. 10581 of 2023. Further, the inaction of the Respondents in not conducting a survey and demarcating my land pursuant to Application No. DER022501160959, dated 11-04-2025 is challenged as being bad, arbitrary, high- handed, illegal, unconstitutional, violative of Article 14, 21 and 300-A of the Constitution of India. That apart, the said action is also challenged as contrary to the principles of Natural Justice
b. consequently, direct the Respondent Nos. 4 & 5 to conduct survey, demarcate and sub-divide the subject land i.e., land admeasuring Ac. 0-23 Gts in Sy. No. 436 part & 437 part, situated in Bowrampet Village, Gandimisamma Dundigal Mandal, Medchal-
Malkajgiri District (earlier part of Ranga Reddy District).
c. and pass any such other order or orders as the Hon'ble Court deems fit and proper in the circumstances of the case and in the interest of justice."
2. It is stated that the petitioner is the absolute owner and
possessor of land admeasuring to an extent of Acs. 0.23 guntas in Survey
Nos.436 part and 437 part, situated at Bowrampet Village, Gandimisamma 2 CVBR, J
Dundigal Mandal, Medchal-Malkajgiri District (for short, 'the subject land'),
having purchased the same through registered Sale Deed vide Document
No.22085 of 2006 dated 18.10.2006. It is further stated that the name of
the petitioner was reflected in all the revenue records as pattadar. It is
further stated that the petitioner has submitted F-Line application
No.DER022501160959 dated 11.04.2025 to respondent Nos.4 and 5, by
paying requisite fee to conduct survey of the subject land and fix the
boundaries. The grievance of the petitioner is that even after receiving the
said F-Line application, respondent Nos.4 and 5 are not conducting survey
and fixation of the boundaries.
3. Considered the submissions of the learned counsel for the
petitioner and learned Assistant Government Pleader for Revenue appearing
for the respondents and with their consent this writ petition is disposed of at
the admission stage.
4. Learned counsel for the petitioner has submitted that in terms
of the circulars issued by the Commissioner, Survey, Settlements and Land
Records, the respondents are bound to consider the application within 45
days from the date of the application after collecting necessary charges.
5. Learned Assistant Government Pleader for Revenue appearing
for the respondents has submitted that the respondent authorities will
consider the aforesaid F-Line application submitted by the petitioner by 3 CVBR, J
following due procedure laid down under law and conduct survey and
demarcate the subject land by fixing boundaries.
6. It is settled law that the Survey Department has the authority to
conduct survey and demarcate lands in accordance with the provisions of
the Telangana Land Revenue Act, 1317 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 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.N1/6543/99 dated 25.07.2001, Rc.No.N1/1408/07 dated
13.07.2007 and Rc.No.N2/1741/2010 dated 18.05.2010 stipulating the
conditions for conducting survey of private lands and as per the said
circulars, if the petitioner fulfills 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.
7. In view of the aforesaid discussion, this Court deems it
appropriate to dispose of this writ petition directing respondent Nos.4 and 5
to examine the petitioner's F-Line application vide No.DER022501160959 4 CVBR, J
dated 11.04.2025 submitted for conducting survey and demarcation by
fixing boundary stones to the subject land of the petitioner and if the
petitioner fulfills all the conditions mentioned in the circulars issued by the
Commissioner, Survey, Settlements and Land Records from time to time,
after issuing notices to all the persons interested and adjacent pattadars and
after considering their objections, the respondent authorities shall conduct
survey of the aforesaid land, within a period of eight (8) weeks from the date
of receipt of a copy of this order.
8. With the above observations, this Writ Petition is disposed of.
There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
____________________________ C.V.BHASKAR REDDY, J Date: 20.06.2025 KL
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