Kurra Harisha Vs The State of Telangana

Chinthakunta Gooal. S/o. Late Ramachandraiah, Aqed about 44 years, Occ. Agricutture. R/o. H.trto. r-t+0, xatavarar'v"iiilg!, - riieYv' bv q ' 7 r ",i,prn.r,ryrth r Backside, Addakat Artandat, MahabubnagaiD.tri;i.

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...PETITIONER

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AND

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The State of Telangana, Rgp, Oy its principal Secretary, Revenue Department. Secrelariat euiiorn(, SecieiiiiJi,^{"ni7i"iriiro.}

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2 The District Collector, Mahabubnagar, Mahabubnagar District

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3 The4ssistant Director of Survey and Land, Mahabubnagar, Mahabubnagar

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4 The Tahsildar, Mahabubnagar Rural Mandal, Mahabubnagar District,

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appro priate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.3 & 4 rn non-considering the Application for Appeals on De marcation through vide No.AOD022400066782, d aled. 3Ol1Ol2O24 and non-con ducting the survey and demarcation on the agricuIture Iand of the Petitioner to a n extent of land Ac.0.09 Gts, in Survey No.1112 Al1 and an extent of land Ac.O.12 Gts, in Survey No.13l2Al1, totaling an extent of land Ac.0.21 Gts, which is situated at Jamisthanpur Village, Ma habubnagar Rural Mandal, Mahabubnagar District jnd non-initiating to fix the boundaries to the petitioner land is -illeg-1, unconstitutional and violation of Articles 14, 15, 21 and 300-4 of Constitution of lndia and also violation of Principles of Natural Justice and consequenfly direct the Respondent Nos. 3 and 4 to consider the Online Application for Appeals on Demarcation through vide No.AOD022400066782, d aled. 3011012024 and to conduct the survey and demarcation and fix the bounda ries to the agriculture land of the Petitioner to an extent of Ac.0.21 Gts, in Survey Nos.11l2N1 and 13l2Al1 ,

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which is situated at Jamisthanpur Village, [Vahabubnagar Rural Mandal_ lV'lahabubnagar District.

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IA NO: 1 OF 2025

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavrt filed in support of the petition, ine uign court may be preased to direct the Respondent Nos. 3 and 4 to consider the onrine Apprication 6,. npp"ur, on Demarcatron through vide No.AoDo 22400066182, daled. 3011012024 and to conduct the survey and demarcation and fix the boundaries to the agriculture lind of the Petitioner to an extent of Ac.0.09 Gts, in survey No.11l2A/1ind an extent of land Ac.0.12 Gts, in Survey No-13/2Al1 , totaring an extent of rand Ac.0.2.r Gts, which is situated at Jamisthanpur vilage, Mahabubnagar Rurar L,tanoar, 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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"v

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HON'BLE SRI^{JUSTICE C.V.BHASKAR REDDY} WRIT PETITION^{No.1O7a of 2025}

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ORDER:

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This writ^{petition is hled declaringthe action of respondent} Nos.3 and 4 in^{not consideringthe applicationfor appeals on} demarcation,dated30.lo.2024Submittedbythepetitionerseeking for conducting^{survey and demarcation of the lands to an extent of} Ac.O.O9 guntas^{inSy.No1 |} l21.l^{I andAc'O 12guntas in} Sy.No.13/2A/^{Isituated at Jamisthanpur Village'Mahabubnagar} Rural Mandal,^{Mahabubnagar District and non-initiating to hx the} boundariestothepetitioner'sland,asillegal'arbitraryand violative of^{the Articles 14, 15, 2land 3O0-Aof the Constitution of} India and for^{other appropriate reliefs}

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[t is stated^{that the petitioneris the pattadar and possessor} of the lands^{to an ex[ent of Ac'O'09guntasin Sy'No'11/2A/1 and} Ac.O.12 guntas^{inSy.No'13/2A/ 1situated atJamisthanpur} Village, Mahabubnagar^{Rural Mandal'MahabubnagarDistrict'It} is further^{statedthat the name of the petitioner was reflectedin all} the revenue^{records as pattadar and the revenueauthoritiesalso} issued e-pattadar^{pass book bearingNo'T0117012OO83uide KtlaLa} No.112 under^{the provisions of the TelanganaRights in Land and} Pattadar^Passbooks Act, 2O2O. It^{is the furthercase ol the}

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).

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CVBR, J Wp 1078 2025

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petitioner that due to abnormal increase of the land price some of the neighbouring land o\r,ners have started disturbing the boundaries ol the subjcct land and as such, thc petitioner had submilted application for appeals on demarcation, dated 30.7O.2024 to conduct the survey and demarcation of the subject land and fix the boundanes. The grievance ol the petitioner is that even after receiving the said application, the respondent authorities are not conducting survey and f-rxation of the boundaries.

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Considered the submissions of the learned counsel for the petitioner, lea rned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposcd of at the admission stage.

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Learned counsel for the petitioner has submitterl that in terms o[ rhe circular issued by the Commissioner, Survey, Settlements and Land Records, the respondents are bound to consider the application rvithin 45 days from the dare of the application alter collecting necessary charges.

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Learned Assistant Government Pleader for Revenue appearing for the rcspondents has submitted that the respondent authorities u'jll consider the aforesaid application submitted by the petitioner by follor.ving due procedure laid dorvn under law and

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CVBR, J Wp_107E_2025

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conduct survey and demarcate the subject land by hxing boundaries

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It is settled law that the Survey Department has the au[hority' 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 fulhlled, the survey and boundary lLxation 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 /654 3 I 99, dated 25.07^.2OO l, Rc.No.N¹ /¹⁴⁰⁸ I 07,^dated 13.07.2OO7, and Rc.No.N2l1741/2OLO, dated 18.05.201O stipulating the conditions for conducting suwey 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^{specihed in the said} circulars

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I I

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C\TBR. J \-tr t0rE 201i

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In r-ieu' o[ the aforesaid discussion, this Courl^{deems it} appropriate to dispose of this^{u'rit petition directingrt:spondenls} Nos.3 and 4 '.o examine the^{petitioner'sapplicalion lor appeals on} demarcation uide No.AODO22400066782,^{dated30.1O.2024} submitted for conducling survey and^{demarcation byh-xing} boundarr'- stcnes to the^{petitioner's land to an extent ol Ac.O.O9} guntas in Sy.No. 1ll2Al1 and Ac.O.12^guntas in^{Sy.No.13/2Al1} situated at Jamisthanpur^{Village, MahabubnagarRural Mandal,} Mahabubnagar District and if the^{petitioner fulfils allthe} conditions mentioned in the circulars^{issuedby the Com.missioner,} Survey, Settlements and Land Records^{from time to time, after} issuing notices to all the persons interesled^{and adjacent. pattadars} and after considering their objections,^{respondent Nos.3 and4} shall conduct survey of the aforesaid^{land,r'vithin a perrod of eight} (8) weeks irom the date ol receipt of a copy of this order.