Dharmannagari Venkat Reddy Vs The State of Telangana

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

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TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 1546 OF 2025

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Between:

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Dharmannagari Venkat Reddy, S/o. Late Kista Reddy, aged about 69 years, Occupation . Agriculture, Fl/o. Fathepur Village, Shankarpally Mlndal, Rangareddy District, Telangana.

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AND

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...PET|T|ONER

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The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat buildings, Secretariat, Hyderabad, Telangana.

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The Thasildar, Shankarpally lr/andal, Rangareddy District, Telangana.

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The l\landal Surveyor, Shankarpally l\ilandal, Rangareddy District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction, more particularly one in nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not considering the F-line application of the petitioner vide challan No. DER022401108546 dated^'l 1-12-2024 and challan No.DER022401 114942 dated 12-04-2024 and not conducting the survey and demarcation on and fixing the boundaries of the agriculture land of the petitioner to an extent of Acs.o.0B Gts. in Sy. No. 48lAA 112 situated at Fathepur Village, Shankarpally Mandal, Rangareddy District as illegal, arbitrary, unconstitutiona I and violation of Articles 14,21 and 3004 of the Constitution of lndia and consequently direct the 2nd and 3rd respondents to consider the F-line application of the petitioner vide challan No. DER022401108546 dated 11-12-2024 and chaltan No.DER02240.'t 114942 dated 12-04-2024 and to conduct the survey and demarcation on and fix the boundaries of the Agriculture land of the petitioner to an extent of Acs.0.08 Gts. in Sy. No. 4BIAA 112 situated at Fathepur Village, Shankarpally Mandal, Rangareddy District.

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lA NO: 1 OF 2025

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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 2nd and 3rd respondents to consider the F-line application of the petitioner vide challan No. DER022401 108546 dated 11-12-2024 and challan No.DER022401114942 dated 12.04-2024 and to conduct the survey and demarcation and fix the boundaries of the Agriculture land of the petitioner to an extent of Acs.0.08 Gts. in Sy. No. 4BIAA 1/2 situated at Fathepur Village, Shankarpally Mandal, Rangareddy District.

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Counsel for the Petitioner: SRI G.VENKATA KRISHNAIAH Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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f Lt^."e

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1546 of 2o25

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ORDER:

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This writ petition is filed declaring the action of the respondents in not considering the F-Line applications, dated 12.O4.2024 and 11.72.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.O.O8 guntas in Sy.No.4B/AA1/2 situated at Fathepur Village, Shankarpally Mandai, Ranga Reddy District, as illegal, arbitrary and violative of the Articles 14, 15,21 and 300-4 of the Constitution of India and for other appropriate reliefs.

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It is stated that the petitioner is the pattadar and possessor of the agriculture land to an extent of Ac.0.OB guntas in Sy.No.48/AA1/2 situated at Fathepur Village, Shankarpally Mandal, Ranga Reddy District along with other lands. It is further stated that the name of the petitioner was reflected in ali the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.T0524O020108 uide Khata No.246 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O. It is further stated that when some of the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had

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2

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CVBR, J wp 1546_202s

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submitted F-Line applications, dated 12.O4.2024 and 11.72.2024 to respondent Nos.2 and 3, by paying requisite fee to conduct survey ofthe 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.

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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.

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l,earned 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.

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l,earned 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 iaid down under law and conduct survey and demarcate the subject land by fixing boundaries.

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CVBR, J Wp 1546 2025

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. N 1 /6543 I 99, dated 25.07 .2OO1, Rc.No.N 1 / 1 4O8lO7, dated 13.07.2OO7, and Rc.No.N2/ l74l l2OlO, 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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In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents

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CVBR, J Wp_1s16J025

Nos.2 and 3 to examine^{the F-Lineapplications submitted by the} petitioner uid.e application^{Nos.DER0224O1714942,dated} 12.O4.2024 and^{DER022401108546, dated II'12'2024 for} conducting survey^{and demarcationby fixing boundarystones to} the petitioner's land^{to an extent of Ac.O.OBguntas in Sy'No'48/AA} 7z situated at Fathepur^{Village, ShankarpallyMandal, Ranga} Reddy District and^{ifthe petitioner fulfils all the conditions} mentioned in the circulars^{issued bY the Commissioner,Survey,} Settiements and Land^{Recordsfrom time to time, after issuing} notices to all the^{persons interestedand adjacent pattadars and} after considering their^{objections, respondent Nos.2and 3 shall} conduct survey of the^{aforesaid iand,within a period of eight(B)} weeks from the date of receipt^{of a copyof this order.}