Telangana High Court
Joginipelli Jayaprada vs The State Of Telangana on 26 March, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.9278 of 2025
ORDER:
This writ petition is filed declaring the action of the respondents in not considering the F-Line application, dated 05.10.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.7.19 guntas in Sy.No.62/A, Acs.2.16 guntas in Sy.No.65/B/1, Acs.1.18 guntas in Sy.No.66/B/1 and Ac.1.18 guntas in Sy.No.66/B/1 situated at Nandagiri Village, Pegadapalli Mandal, Jagtial District, as illegal, arbitrary and violative of principles of natural justice and for other appropriate reliefs.
2. It is stated that the petitioner is the pattadar and possessor of the It is stated that the petitioner is the pattadar and possessor of the land to an extent of Acs.7.19 guntas in Sy.No.62/A, Acs.2.16 guntas in Sy.No.65/B/1, Acs.1.18 guntas in Sy.No.66/B/1 and Ac.1.18 guntas in Sy.No.66/B/1 situated at Nandagiri Village, Pegadapalli Mandal, Jagtial District. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T18150100696 vide Khata No.60229 under the provisions of the Telangana Rights in Land and Pattadar Passbooks 2 Act, 2020. It is further stated that due to abnormal increase of the land price some of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had submitted F-Line application, dated 05.10.2024 to respondent Nos.2 to 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, the respondent authorities 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 circular 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. Sri L.Ravinder, 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 following due procedure 3 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 fulfils 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.
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7. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents Nos.6 and 7 to examine the petitioner's F-Line application vide No. DER022501125305, dated 02.01.2025 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner's land to an extent of Acs.7.19 guntas in Sy.No.62/A, Acs.2.16 guntas in Sy.No.65/B/1, Acs.1.18 guntas in Sy.No.66/B/1 and Ac.1.18 guntas in Sy.No.66/B/1 situated at Nandagiri Village, Pegadapalli Mandal, Jagtial District, and if the petitioner fulfils 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, respondent Nos.2 to 5 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.
9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_________________________________ JUSTICE C.V.BHASKAR REDDY 26.03.2025 ynk 5 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9278 of 2025 Dated 26.03.2025 ynk