Maqbool Ahmed Vs The State of Telangana

Petition Under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Court may be} pleased to issue an appropriate writ or order or Direction^{more particularlyone} in the nature of wRlT oF IVIANDAIUUS^{declaringthe actionof the Respondents} not conducting the survey and^{not demarcating the Petitioners landsand not} fixing the boundaries in⁽ 1) Sy.No^{.5251A2 admeasuringAc.0-33gts, (2)} Sy.No.525iA6 admeasuring Ac.02-00gts,^{(3) Sy.No.526/4 admeasuringAc.0-} 37gts, (4) Sy.No.526/4,4 admeasuring^{Ac.0-37gts' (5)Sy.No.52BIAA} admeasuring Ac.0-27gts, (6)^{Sy.No.52BlA admeasuring Ac.0-26gts, (7)} Sy.No.529/ 1A admeasuring Ac.1-39gts,^{(8) Sy.No.529/24 admeasuring AC.01-} 00gts, (9) Sy.No.529/1 E admeasuring^{Ac.1-39gts,(10) Sy.No.529/IAA}

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admeasuring Ac.1-39gts, (1 r) sy.No.541/3/Ru admeasuring Ac.1-20gts, (12) sy.No.541/2/AA admeasuring Ac.2-'r2gts, (13) sy.No.541/3/E admeasuring Ac.102gts' (14) Sy. No. 541 r 3r UU admeasuring Ac. r-07gts, artogether admeasuring AC.1B-38gts, situated at Keshampet Village and Mandal, shadnagar Division, Ranga Reddy District, inspite of receiving the Application vide No.DER02240102034r dated 21t0212024 is illegal, arbitrary in violation of principles of natural justice and in violation of Articles 14 and 21 of the constitution of India and also against the equity and consequenfly direct the Respondents to conduct the survey and demarcate the petitioners lands by fixing the boundaries in (1) sy.No.s2slA2 admeasuring Ac.0-33gts, (2) Sv.No.525/A6 admeasuring Ac.02-00gts, (3) Sy.No.526/4 admeasuring Ac.0-37gts, (4) Sy.No.526/AA admeasuring Ac.0-37gts, (5) sy.No.528/AA admeasuring Ac.O27gts, (6) Sy.No.523/A admeasuring Ac.0-26gts, (7) Sy.No 529/ 1A admeasuring Ac.1-39gts, (8) Sy.No 529/2A admeasuring AC.01-00qts, (9) Sy.No.529/1 E admeasuring Ac.1-39gts, (10) Sy.No.529/ IAA admeasuring Ac.1_39gts, (tl) Sy.No.541 / 3 / Ru admeasuring Ac.1-20gts, (i2) sy.No.541/ 2/ AA admeasuring Ac.2-12gts, (13) Sy No.541/3/E admeasuring Ac.1-02gts, (i4) Sy.No.54 1 t3l Uu admeasuring Ac.1-07gts, altogether admeasuring AC..l g_3ggts, situated at Keshampet Village and Mandal, Shadnagar Division, Ranga Reddy District.

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I.A.NO:1 OF 2025

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Petition Under section 1b'l 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 Respondents to consider the online Application of the petitioner vide Appl.No.DER02240102)347 dated 21to212o24 and conduct the survey and demarcate the Pelitioners lands by fixing the boundaries in (1) sy.No.525/42 admeasuring Ac.0-:l3gts, (2) Sy.No.525/,46 admeasuring Ac.02-00gts, (3) Sy.No.526/4 admeasuring Ac.0-37gts, (a) Sy.No.526/44 admeasuring Ac.037gts, (5) Sy.No.528 I AA admeasuring Ac.0-27gts, (6) Sy.No.S28lA admeasuring Ac.0-26gts, (7) Sy.No.529/1A admeasuring Ac..t-3ggts, (8) sv.No'529/24 admeasuring AC.01-00gts, (9) sy.No.529/ 1E admeasuring Ac.139gts, (10) Sy.No.529/ tAA admeasuring Ac..1-39gts, (11) Sy.No.541l3/Ru admeasuring Ac.'1-20gts, (12) Sy.No.541t 2tAA admeasuring Ac.2-12gts, (13)

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Sy.No.54'1l3/E admeasuring Ac.'1-02gts, (14) Sy.No.541/ 3/ UU admeasuring Ac.1-07gts, altogether admeasuring AC.'18-38gts, situated at Keshampet Village and Mandal, Shadnagar Division, Ranga Reddy District, Telangana State, pending disposal of the writ petition.

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Counsel for the Petitioner : SRI M.A.K.MUKHEED

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Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Court made the following ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.3943 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 application, dated 21 .O2.2O24 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Ac.O.33 guntas in Sy.No.525/A2; Acs.02.OO guntas in Sy.No.525 /A6; Ac.O.37 guntas in Sy.No.526lA; Ac.O.37 guntas in Sy.No.526l AA1, Ac.O.27 guntas in Sy.No.528/AA; Ac.O.26 guntas in Sy.No.528/A; Ac. 1.39 guntas in Sy.No.529/ lA; Ac.1.O0 guntas in Sy.No.529/2A; Ac. 1.39 guntas in Sy.No.529l 1E; Ac. 1.39 guntas in Sy.No.5291 1AA; Ac. 1.20 guntas in Sy.No.S41/3/Ru; Acs.2.12 guntas in Sy.No.5a1l2/AA; Ac. 1.02 guntas in Sy.No.S41/3/E and Ac. 1.07 guntas in Sy.No.S4 1/3lUU, situated at Keshampet Village and Mandal, Shadnagar Division, Ranga Reddy District, as illegal, arbitrary and violative of the Articles 14, 15, 21 and 3OO-A 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 aforesaid agricultural land. It is further stated that the riame of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e_pattadar pass

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book bearing No.TOS12013O833 uide Khata No. 1511 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O. It is further stated that when the neighbouring land owners have started disturbing the boundaries of the subject land and as such, the petitioner had submitted F-Line application, dated, 21.O2.2024 to respondent Nos.4 and 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.

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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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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.

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Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the

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respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid dowr-r under law and conduct survey and demarcate the subject land by fixing boundaries.

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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 fulfrlled, the survey and boundary fixation may be conductecl. 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.N1/6543199, clated 25.07.2OO1, Rc.No.N1/ 1408/O7, dated 13.07.2OO7, and Rc.No.N2/l74ll2O1O, dated 18.05.2010 stipulating the r:onditions for conducting survey of private lands ahd as per tht: said circulars, if the petitioner fulfils all the conditions of the said circular, it is an obligation for the

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respondents to conduct survey within thc 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 Nos.4 and 5 to examine the petitioner's F-Line application uide No.DERO224OlO2O347, dated 21.O2.2O24 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner's land to an extent of Ac.0.33 guntas in Sy.No.525/A2; Acs.O2.O0 guntas in Sy.No.525/A6; Ac.O.37 guntas in Sy.No.526/A; Ac.O.37 guntas in Sy.No.526l AA; Ac.O.27 guntas in Sy.No.528/AA; Ac.O.26 guntas in Sy.No.528/A; Ac.1.39 guntas in Sy.No.529l 1A; Ac. 1.00 guntas in Sy.No.529l2A; Ac. 1.39 guntas in Sy.No.529/1E; Ac. 1.39 guntas in Sy.No.52911AA; Ac. 1.2O guntas in Sy.No.541/3/Ru; Acs.2.12 guntas in Sy.No.S41/2/AA; nc. t.OZ guntas in Sy.No.s41/3/tr and Ac. 1.07 guntas in Sy.No.Sal/3/UU, situated at Keshampet Village and Mandal, Shadnagar Division, Ranga Reddy District and if the petitioner fulfils all the conditions mentioned in the circulars issued bv 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.4 and 5 shall conduct survey of the aforesaid land,

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within a period of cight (8) weeks from the date of receipt of a copy of this order.

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8 With the .rbove observations, this Writ petition is disposed of There shall be rro order as to costs.

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9 As a sequel, the miscellaneous petitions pending, if any, shall stand clos,:cl

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SD/- K.SREERAMA MURTHY ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To

The Principal secretary, Revenue Department, secretariar Buildings, state of Telangana at Hyderabad.

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The District Collector, Ranga Reddy District, Telangana State.

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The Director, Survey and Settlement, Ranga Reddy District. 4. The Revenue Divisionar officer, shadnagar, Ranga Reddy District, Telangana State.

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The Tahsildar. Keshampet Mandar, Ranga Reddy District, Terangana State. 6. Two CCs to GP FOR REVENUE, High Court for ihe State of TelJngana at Hyderabad. [()UT]

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