Karnati Shiva Reddy Vs The State of Telangana

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[³²⁹⁶¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REODY

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WRIT PETITION NO: 12635 0F 2025

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Between:

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Karnati Shiva Reddy, S/oThirupathi Reddy, Aqed about 45 vears. Occ. 4griculture, _R/o^{Amaiavaram Viliage. Huzuriagai Mandat, Suryafei} Oistrict, Telangana State

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...PETITIONER

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AND

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1 The State ol.Telangjrna, Rep. by its principal Secretary Revenue Department, Ambedkar Bhavan Telangana Secretariat, Tank Bund,'Hyderabad

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2 The District Collector, Suryapet District, Telangana State

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3 The Assistant Director, Survey and Land Records Suryapet District, Telangana State

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4 The lnspector of Survey and Land Records, Suryapet District, Telangana State

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S ]t.r9 p9n1ty lnspector of Survey and Land Records, Huzurnagar, Suryapet District, Telangana State

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The Mandal Surveyor, Huzurnagar Mandal, Suryapet District

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The Tahsildar, Huzurnagar Mandal, Suryapet District, Telangana State

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...RESPONDENTS

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Petition under Article 226 of lhe constitutron of lndra praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or directron more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No.2 to 7 in not conducting sub-division survey of petitioner's agricultural lands and fixing the boundaries in Ac 0.O5cents in Sy.No.32611AA, Ac.1 .14cents in Sy.No.3ZOltR, Ac.0.32cents in SyNo326/1, Ac.008cents in Sy.No.326/1/AA, Ac.0.55cents in Sy.No.394/7, Ac.0.17cents in Sy.No 326/2 lA, Ac.O.1rTcents in Sy.No.326t2AA, Ac 0.'l6cents rn Sy.No.326/2E, Ac.O.17cents in Sy,No.326t5, Ac.O.22cents In Sy.No.326/3 and Ac.0.08cents in sy.No.32614, rorally admeasuring to an extent of Ac.4.11cents, situated at Amaravaram village, Huzurnagar Mindal, Suryapet District, Telangana, in pursuarrce of the F-Line application No. FDR02 23oogg3ls7,

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Df .09.12.2023, as arbitrary, illegal, contrary^{to the provisions of Telangana Survey} and Boundaries Act and in violation of^{Article 21, 300Aof constitutionof lndia and} consequenfly direct the respondents to^{conductthe sub-division surveyand fix the} boundarres to above mentioned^{petitioners lands}

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IA 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 Courtmay be pleasedto} forthwith direct the Respondents to consider^{petitioner's F-Line Applicationfor} conducting the sub-division survey and^{fixing the boundaries of petitioner} agricultural lands in an extent^{of Ac.o.05centsin Sy.No.326/1AA,Ac.1 14centsin} Sy.No.326/1A, Ac 0 32cents in Sy.No.326/1 ,^{Ac.0.O8centsin Sy.No.32611lAA'} Ac.0.55cents in Sy.No.394/7,^{Ac.0.17centsin Sy.No.32612lA, Ac.0.17centsin} Sy.No.326/244, Ac.0 16cents in Sy No.326/2E,^{Ac.0.17centsin Sy.No.326/5,} Ac.0.22cents rn Sy.1%o.326/3 and Ac.O.08cents^{inSy No 326/4,tota.ly} admeasuring to an extent of^{Ac.4.'1 'l cents, situatedat Amaravaramvillage,} Huzurnagar Manual, Suryapet District,^{Telangana, pending dispcsalof the above} writ petition

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Counsel for the Petitioner: SRl. TENE PANDU^{RANGA RAO}

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Counsel for the Respondents: AGP FOR^REVENUE

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The Court made the following: ORDER

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THE HON'BLE^{SRIJUSTIcE C.V.BHASKAR} REDDY WRIT TION No.^{12635 of 20125}

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ORDER:

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This writ^{petitionis hled seekingfollowingrelief:}

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'For the^{reasonsstated in the accompanyingaffidavit' it is herebyprayed} that this^{Hon'ble Courtmay be pleasedto issue a Writ' Orderor directionmore} particularly^{one in the natureof Writ of Mandamus' declaringthe action of the} respondents^{No 2 to 7 in not conducting sub-division surveyof petitioner's} agricultural^{tands and lxingthe boundariesin Ac'O05 centsin SyNo 326llAA'} Ac. 1.^{14 centsin Sy'NoSZO/ fn' Ac 0 32 cents in Sy No 326/ 1' AcO OS cents in} Sy.No.326l^{1/AA,Ac 0 55cents inSy No 394/7'Ac'0 17centsin} sy.No.326l2/A,^{Ac'O 17cents inSy No 326/2AA'Ac 0 t6centsin} Sy.No.326/2E,^{Ac 0'17 centsin Sy'No 32615' Ac 0 22 cents in SyNo 326/3 and} Ac.o.08^{cents in Sy No 326/4'totally admeasuringto an extent of Ac 4 11 cents'} situated^{atAmaravaramvillage' HuzurnagarMandal'SuryapetDistrict'} Tetangana,^{in pursuanceof the F-Line applicationNo FDRO223O0983757'} DT.o9.|2.2o23,aSa.rbirary,illegat,contrarytotheprovisionsofTelangana Survey^{and Boundaries Act and in viotation of Article 21'3O0A of Constitution of} India and^{consequentlydirecttherespondentsto conductthe sub-division} survey^{and hx the boundariesto above mentioned petitioners landsandpass} such other^{order or orders as this HontrleCourtdeems Iit and properin the} circumstance^{of the caseand in the interest oljustice'}

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Heard the^{learned counselfor the petitioner and learned} Assistant^{Government Pleader for Revenueappearingon behalf of the} respondents

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possessor^{of lands} 3 The Petitioner^{claimsto be owner and} Acs. 1.14^{cents in} admeasuring^{Acs'0.O5 cents in SurveY No 326/1AA'} Survey^{No.326/ 1A, Acs' 0'32 centsin Survey No'326/ 1' Acs} O.O8 cents^tn SurveY^{No.326/1/AA, AcsO.55 cents in SurveyNo'39417' Acs'O 17 cents In} Survey^{No.326l2lA,Acs'O' 17 cents in SurveyNo 326/2AA'AcsO' 16 cents} in Survey^{No.32612F, Acs' O'17 centsInSurveYNo.326/5,Acs O'22 cents}

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2 CVBR, J W.P.No.12635 of 2O25

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in Survey No.326/3 and Acs. O.08 cents in Surve5, No.326/4, totally admeasuring to an extent of Acs. 4.11 cents, situated at Amaravaram village, Huzurnagar Mandal, Suryapet District (for short, 'the subject propcrty') and the petitioner got mutated his name in the revenue records and pattadar passbook ancl title deeds were issued to the petitioner. The grievance of the petitioner is that he had submitted F-Line Application on 09.12.2023 uide Application No. FDRO2230O9837 57 for conducting survey/ sub-division and demarcation in respect of the subject property, but till date the respondents have not conducted any survey and demarcation of the subject property. Hence, the presenl writ petition.

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The issue relating to conduct of survey zrnd sub-division of survey etc. was considered by this Court vide order dated 23.08.2022 in W.P.No.32785 r:[ 2022 and the relevant portion o[ the said order is extracted hereunder:

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The Commissioner, Survey, Settlements-and Land Records, Hyderabad, has issued various circulars from time to time in connection with conducting of surve_v, demarcations and sub-division of land and survey numbers and also disposal of F-line petitions submitted by the parties concerned seeking survey and sub-division. The said circulars were issued keeping in view the Board Standing Orders-34A para 2O(a) of the Board Standing Orders, rvhich reads as under:-

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"Applications from pnvate parties to point out the boundaries of their fields in accordance with the survey records may be received b1 the Taluk Tahsildar. C)n receipt of the application with the deposit (prescribed fee), the Tahsildar should forward it to the Surveyor-Firka Deputy Surveyor who should, during his visit to the village, comply with the request. The Surveyor-Firka Deputy Surveyor should after pointing out the required boundary to tlle ryot, obtain his signature to that effect in the application

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CVBR, J W.P.No.l2635 of 2025

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and shoutd himself^(write) thereon that the boundary^was Pointed^{out by} him in accordance with the measurements^{noted in the surveyrecords."} Paragraph No.6 (b) of the Rc.No.N2/174ll2OlO,^{dated 18 05.2010 Circular} reads as under:-

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"F line pelitions/demarcation^{petitions received inrespect of} portions of survey helds in agricultural lalds^{should be convertedby} Tahsildars ad applications for subdivision^{on paymentof balancefee} payable, if any and subdivision should^{be done in accordancewithBSO} 34-A para 13 and in respect of^{Telanganadistricts in accordancelvith} CSSLR circular Rc. No.^{N I} / I408/^{07 dt.l3.O7.2OO7."}

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Thereafter, another Circular^{in Rc.No.N1/429612Q12 dated 22.08201'2} was issued duly issuing further instructions^{and guidelines for demarcation and} survey of the sub-division^{survey numbers andinstruction Nos.l to 6 of the said} Circular read as under;-

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" l. Every F-Line Demarcation application^{must be submitted to the} concerned Tahsitdar/^{E-Seva/ Mee-Seva.}

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Every F-Line Demarcation application^{must be registeredandsuch} registered applications must^{be attended in seriatumonly and valid} reasons for any deviation^to the^{seriatum should be recorded-}

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(a) Every F-Line demarcation^{applicationshallbe accompaniedby a} Xerox copy of pattadar^{passbookor a copy of the latestadangal/pahani'}

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(bl Demarcation apptication without^{such suPPortive orevidential} document may be rejected.

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If the appticant submits a^{self sworn affrdavit declaringhis} rrghts/reputed ownership a^{possessionalongwith the demarcation} petition, the concerned Tahsildar may^{take an approPriatedecision after} thorough verihcation of^{records either to forward the sameto theSurveyor} or reject.

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(a) Mandal Surveyor/Deputy^{Surveyorshall serve notices to the}

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(i) APPlicart

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12)^{Adjacent lald holderswithin the surveynumberand} adjoining surveY^numbers

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(3) Village Revenue Officer

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(4) If the adjacent land belongs to^{localbody/Government, noticesshallbe} served on the concerned authoritY

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(b) Prior to issue of notices or alter issuing^{the notices, if} any^written objections of the adjacent^{land holders arereceived, demarcationcannot}

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CVBR, J W. P.No. 12635 of 2O2S

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tre denied unless it is a legally valid objection arrd approved by the Tahsildar.

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(c) In general, after issuing the notices if any adjacent land horder absent for demarcation, naturally demarcation will be postponed.

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ln such cases, notices to be lssued to all the concerned consequently tlvo times and if any of them is absent for demarcatron even after receipt of the notices, a final notice shall be issued intimating them that the demarcation will be done on the date mentioned in the linal notice "even in their absence", as due opportunity was given. 6. If the demarcation apptication is for a part of undivided field such application may be converted into patta sub_division application and necessary statutory procedure to be followed for it by taking application from applicant. "

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From a perusal of the above referred Circulars, it is clear that.as and when F-line petitrons for demarcation/ sub-division are received in respect of portions of survey numbers rn agricultural land, they are required to be converted as applications for sub-division by the Tahsildars on payment of balance fee payable, if an,v and sub-division shal be done in respect of the Telangana Districts in accordance lgith Circular in Rc.No.N1/ l4Og/OZ, dated 13.O7.2OO7, issucd b-y the Commissioner of Survey, Set ement and Land Records. At this stage, it lvould be necessary to make note of some of the instructions issued in the said Circular dated 13.07.2007 whrch are extracted hereunder:

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"5. Thereafter, thc Mandal Surveyor wi[ proceed for sub-division and prepare the sub-division record. The sub_division shalt be done in accordance with the description of property sale deed in case of sales, partition deed in case of partition, mutual agreement in case of succession etc. However, the sub diqsion will be done only subject to the actual possession on ground tauying with the documents mentioned above provided that the Transferees name finds place in the Revenue accounts through proper mutation.

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After preparation of the SDR, the Mandal Surveyor shall submit it to the Tahsildar who will verify whether it confirms to the documents and whether records are signed by all the concerned partics. Thereafter, Tahsildar should send the record to Assistant Director, Survey and Land Records Department with a proposal for sanction of phodi.

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CVBR, J W.P.No.12635 of 2025

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Upon receipt of this^{proposal,the Assistant Directorshall} scrutinize the^{records and takefurther action for preparationand issue of} supplementary sethwar^{and for incorporation of changes,if any "}

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The Circutar instructions^{issued by the Commissionerare veryclear} and absolutely there^{is no ambiguityand the obligationthat is cast upon the} respondent-Tahsildar^{is unequivocal and hence, any actionon the Partof the} respondents to^{refuseto conductsurvey and demarcationor sub-division of the} part survey numbers^{pursuantto the request madeby the persons concernedby} submitting^{F-Line petittonsis totally impermissible and illegal'It is onlyto avoid} such ambiguous^{situation, the above referredcircularswereissued categorically} stating that it is^{the obtigation on the partof the respondent-Tahsildarto take} up such applications^{as and when the applications are receivedfor survey and} demalcationofpartSurveynumbersandtocompletethesurveybyduly collecting the^{requiredfees."}

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This Court on^{considerationof the said Circulars,disposed of} l the said writ^{petitionwith certain directions.In the light of the said decision,} this Court is of the^{considered view that the petitioner herein is also} standingonthesamefootingandSheisalsoentitledfortheSaidreliefto maintain Pa-ritY.

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6.Inviewoltheabove,thisCourtdeemsitappropriatetodispose of the writ^{petition, directing the respondentsto examinethe application} datedog.|2.2023uideApplicationNo.FDR022300983757Submittedbythe petitionerforconductingsub-divisionSurveyanddemarcationbyfixing boundaries of the^{subject property' In case, if the respondentsare of the} view that sub-division^{numbers is required to be done and any furtherfee is} required to be^{paid by the petitionerin terms of the Circulars referredabove'} the same shalt be^{intimated to the petitionerand on receipt of such}

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CVBR, J W.P.No.12635 of 2O2S

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intimation, the petitioner shall pay such fee as may be required by the respondents. On such payment of fee by the petitioner, the respondents shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law. The entire exercise, as directed above, shall be compreted within a peri.d of eight (0g) weeks from the date of receipt of a copy of this order.

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