Chinthakunta Gopal Vs The State of Telangana

Pet,tion under Article 226 o f the Constitution of lndia crrcumstances stated in praying that in the the affid avit filed therewith, the i pleased to issue an a ppropriate writ, order or direction more igh Court may be the nature of Writ of Mandamus d eclaring the action o f the Res particularly one in rn non -considering the Application for Appeals on Demarcation pondent through Nos.3 vide& 4 No.AO D022400066782, dated. 3 0110/2024 and non_conducti ng the survey and demarcation on the a griculture Ia nd of the petitioner to an extent of land Ac.0.0I No-1 3t2N1 Gts, in Survey No. 11/2A/1 and an extent of Iand Ac.o.12 cts, in Survey totaling an extent of land Ac.O.21 non-ini tiatingJamisthanpur to fix the Village, Mahabubnaboundari es to the gar Rural Mandal,petitionerGts, which MahabubnagarIand is'-illegais District situatedaand ry, unconstitution al and violation of Articles 14, 15, 21 and 300-A of Constiiution of lndia and also violation of princi ples of Natural Justice and consequenfl y direct Demarcation the Respond ent Nos.3 and 4 to consider the Online Application for Appeals on through vide No.A oD022400066782, d ated. 30/1Ot2024 and to of conduct the the Petitios urvey and demarcation and fix the bounda ries to the agriculture land ner to an extent of Ac.0.21 Gts, in Survey Nos.11l2At1 and 1312N1 ,

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which is situated at Jamisthanpur Village, Mahabubnagar^RuralMandaL Mahabubnagar District

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstances statedin} the affidavit filed in support of the^petition, the^{High Court may be pleased to} direct the Respondent Nos. 3 and 4 to consider the^{Online Applicationfor Appeals} on Demarcation through vide No.AOD0224OOO66782,^{daled.3011012024andto} conduct the survey and demarcation and fix the boundaries^{to the agricultureland} of the.Petitioner to an extent of Ac.0.09 Gts, in Survey No.11l2Al1^{and an extent} of land Ac.0.12 Gts, in Survey No.13/2Al1 , totaling an extent^{of land Ac.0.21 Gts,} which is situated at Jamisthanpur Village, Mahabubnagar Rural^Mandal, Mahabubnagar District.

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Counsel for the Petitioner: SRI RAPOLU BHASKAR

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE^{C.V.BHASKIIR REDDY} I[IRIT PETITION No.1O78^of2025

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ORDER:

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.This writ petition is ltled declaring the action of respondent Nos.3 and 4 in not^{considering the applicationfor appeals on} demarcation, dated 30.^{IO.2024submittedby the petitionerseeking} for conducting survey^{and demarcation of the lands to an extent of} Ac.O.09 guntas in^{Sy.No.1 |} l2All^{andAc'O'12 guntasin} Sy.No.13/2A/ 1 situated^{at Jamisthanpur Village, Mahabubnagar} Rural Mandal, Mahabubnagar^{District and non-initiating to fix the} boundaries to the^{petitioner'sland, as illegal, arbitraryand} violative of the Articles^{14, 15, 2l and 3OO-A of the Constitution of} India and for other^{appropriate reliefs.}

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It is stated that^{the petitioneris the pattadar and possessor} of the lands to an^{extent of Ac.O.09guntas'inSy No l I l2Al Iand} Ac.O.12 guntas^{inSy.No.13/2A/1situated atJamisthanpur} Village, Mahabubnagar^{Rural Mandal, MahabubnagarDistrictlt} is further stated^{that the name of the petitioner was reflectedin all} the revenue records^{as pattadar and the revenueauthoritiesalso} issued e-pattadar^{pass book bearingNo TO 1 17012OO83uide Khata} No.112 under the^{provisions of the TelanganaRights in Landand} Pattadar Passbooks^{Act, 2O2O. It is the further case of the}

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CVBR. J Wp -1078 2025

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petitioner that due to abnormal increase of the^{land pricesome} of the neighbouring land owners have started disturbing^the boundaries of the subject land and as such,^{tl-re petitioner had} submittecl :rpplication for appeals on demarcatiol-t,^dated 30.1O.2024 to conduct the survey and demarcation of the subject Iand and fix Lhe boundaries. The grievance of the^petitioner is that even after recerving the said application, the respondent authorities are not conducting survey and h-xation of the boundaries.

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Considered lhe submissions of the Iearned couns,3l for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

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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 dale of the application aftt:r collecting necessary charges.

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Learnecl Assistanl Government Pleader for Revenue appearing for the respondents has submitted that the respondent authorities rv^jll consider the aforesaid application submitted by the petitioner by follon-ing due procedure laid down under law and

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conduct survey and demarcate the subject land by fixing boundaries.

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It is settled [au, that the Survey Department has the authoril_v to conduct survey and demarcate lands in accordance ',vith^{the provisions} of the Telangana Land Revenue Act, 13 17 Fasli (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries AcL, 1923, and the Rules framed thereunder. The Government has issued various circulars specifying the conditions for conducting surveys, particularly F-Line (held measurement) surveys. Individuals requesting such surveys are required to submit specihc documents, and if the conditions stipulated in the circulars are fuliilied, the survey and boundary fixation may be conducted. The Commissioner, Survev, Settlements and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No.Nl/6543 /99, dated 25.07.2OO7, Rc.No.N1/14O8/O7, dated 13.07.2OO7, and Rc.No.N2l l74Il2O1O, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfils al1 the conditions of the said circular, it is an obligation for the respondents to conduct survey wtthin the time specihed in the said circulars.

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CVBR. J \ p l075_2025

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In vieu' oI the^{aforesaid discussion,thLSCourtdeems it} appropriate tc,^{clisposeo[ this r'vrit petition directingrespondents} Nos.3 and 4 to^{examine the petitioner's applicationfor appeals on} demarcation uide^{No.AODO22400066782, dared 30.1O.2024} submitted ior conducting^{survey and demarcationb5' fixing} boundary stotles to^{the petitioner's land to an extent o[ Ac 0'O9} guntas in Sy^No. 1l l2hl1^{andAc.O.12 guntasin Sy No 13/2Al 1} situated at Jamisthanpur^{Village, MahabubnagarRuralMandal'} Mahabubnaga.r^{District and if thepetitioner lulfils allthe} conditions mentioned^{in the circulars issued by the Commissioner'} Survey, Settlements^{and Land Recordsfrom timc to time, after} issuing notices^{to all the persons interested and adjacentpattadars} and after considering^{their objections, respondr:ntNos 3 and 4} sha11 conduct sur\rey^{of the aforesaidland, rvithina period ol eight} (8) weeks irom the date of^{receipt of a copy of this order'}

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With the above observations,^{this Writ Peritionis disposed of'} There shall be no^{order as to costs.}

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As a sequel, the miscellaneous^{petitions pending, ifany,}

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shall stand clnsed - SD/. K.SREERA MA MURTHY ASShSTANT REGISTRAR //TRUE COPY// i\,*.. \ISECTI ON OFFICER To, 1. The Principal Secretary,^{Revenue.Department, TheState of Telangana'} Secretariai Building,^{S6cretariatHyderabad.} z ine Oistrict Collec[or,^{Mahabubnaiar,Mahabubnagar District} 5. tne Rssistant^{Directorof Survey and Land, Mahabubnagar, Mahabubnagar} District.

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+. ine finsifOar,^{I/ahabubnagarRural Mandal, lVahabubnagar District'}

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