Allowed

Nalam Anitha v. The State of Telangana

Telangana HC12 Feb 2025WP/4040/2025

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition filed by a landowner against revenue authorities. The petitioner alleged illegality and arbitrary action in non-considering an F-Line application for survey and demarcation of his agricultural land. The court directed the respondents to examine the application and conduct the survey within eight weeks.

What did the court decide?

Directed Respondents Nos. 3 and 4 to examine the F-Line application and conduct survey and demarcation within 8 weeks after fulfilling conditions and issuing notices.

Nalam Anitha Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

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[^32e6 ]

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

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WEDNESDAY,THE TWELFTH DAY OF FEBRUARY 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: 4040 0F 2025

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Between:

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Ri/o. ylLil 1"!!19,., Wo Saitu, aged about 45 years, Occ. Agricutturar, Keshavapur Village, Rayaparthi Mandal, Wararigal District.

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...PETITIONER

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AND

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'1. The State of Telangana, Rep, by its principal Secretary, Revenue uepartment, Secretariat Building, Secretaiiat, t-tyderatiad.

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The District Collector, Warangal , Warangal District.

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The Tahsildar, Rayaparthi Mandal, Warangal District.

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The Mandal Surveyor, Rayaparthi Mandal, Warangal District.

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...RESPONDENTS

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Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus the action of the respondent No. 3 and 4 in non-considering the F-Line application vide No. DERo224o11o4g74 dated 28-10-2024 and non-initiating to conduct the survey and subdivision on the petitioners land admeasuring Ac.229Gts in Sy. No.36/4, admeasuring Ac.0-37cts in sy. No.44lc total to an extent of Ac.3-26Gts which is situated at Keshavapur Village shivar of Rayaparthi Mandal, warangal District basing on F-Line application is illegal and arbitrary and also in violation of Articles 14, 1s,21 and 300-4 of the constitution of lndia and also violation of Principles of Natural Justice and consequenfly direct the respondent No. 3 and 4 to conduct the survey and subdivision in the said land

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basingonPetitionersF-lineapplicationvideNo.DER022401104974dated28-102024

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IA NO: 10F²⁰²⁵

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PetitionunderSectionl51CPCprayingthatinthecirctlmstancesstatedin the affidavit^{filedin support of the petition, the High Court maybe pleased to direct} the respondent^{No. 3 and 4, basing on F-Line applicationNo DER022401104974} dated 28-10-2024^{to conductthe survey and subdivision in respect of the} Petitioner's land^{admeasuringAc.2-29Gts in Sy' No' :16/A'admeasuring} Ac.0-37GtSinSy.No.44lcto|altoanextentofAc.3.26GtswhichisSituatedat Keshavapur^{Village shivar of Rayaparthi Mandal'Warang al Districtpending} disposal of the^writ Petition

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Counsel for^{the Petitioner:SRl. VADLAKONDARAVIKUMAtt REDDY} Counsel for^{the Respondents:SRI L. RAVINDERAGP FOR FIEVENUd} The Court made^{the following:ORDER}

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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trIRIT PETITIONNo.4O4O of 2025

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ORDER:

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.^{This writ petition isfiled} declaring the action of the respondents in not considering the F-Line application, dated 28.10.2024 submitted by the petitioner seeking for conducting survey and demarcation of the land to an extent of Acs.2.29 guntas in Sy.No.36/A and Ac.0.37 guntas in Sy.No.44/c, situated ar Keshavapur Village Shivar of Rayaparthi Mandal, Warangal Districl as illegal, arbitrary and violative of the Articles 14, 15,21 and 3O0-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 agricultural land to an extent of Acs.2.29 guntas in Sy.No.36/4, and Ac.O.37 guntas in Sy.No.44/c, situared at Keshavapur Village Shivar of Rayaparthi Mandal, Warangal District, along with other 1ands. It is further stated that the name of the petitioner was reflected in all the revenue records as pattadar and the revenue authorities also issued e-pattadar pass book bearing No.'f22l2OO2O1ZO uide Khata No.313 under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O. It is further stated that when the neighbouring land owrtqls have started diserrllng the boundaries of the subject land

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CVBR, J \tt'p_4040 2025

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and as sucl'r, the petitioner had submitted F-Line^application, dated 28.1O.2024 to respondent Nos.3 and^{4, bypaying} requisite fec to conduct survey of the subject l,rnd^{and hx the} boundaries. The grievance of the^petitioner is that^{even after} receiving the said F-Line application, the respondent^authorities are nol conducting survey and fixation of the boun,laries.

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Considerecl the submissions of the learned coutrsel lor^the petitioner and learned Assistant Government Pleader lbr^Revenue appearing fo r the respondents and with their^crlnserrt this^writ petition is disposed of at the admission stage.

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Learned counsel for the petitioner has^{submitt.edthat in} terms of l.h e circular issued by the^{Commis,sionr,:r,Survey,} Settlements and Land Records, the^{respondentrl ar(r bound to} consider the application within 45^{days from ,he <late of the} application after collecting necessary charges.

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Sri L.Ravinder, learned Assistant Governntent^{Pleader for} Revenue appearing for the respondents has^{suL mitttrdthat the} respondent authorities will consider the^a oresaid^F-Line application submitted by the petitioner^{by followingdu,.: procedure} iaid do,,r,n under law and conduct^{survey and denrarcate the} subject land by fixing boundaries

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CVBR, J Wp a040J02s

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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, i 317 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.Nl/6543/99, dated 2S.O7.2OOt, Rc.No.Nl/14Oa/OZ, dated t3.O7.2OOT, and Rc.No.N2l 1741/2OtO, dared 18.OS.2OrO stipulating the conditions for conducting survey ol_ private lands and as per the said circulars, if the petitioner furrrls au 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-1040²⁰²⁵

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Nos.3^{and 4 to examinethe petitioner's F-Lineaitplicationuide} No.DER0224(^{)'''l(4g74' dated 2a'rc'2)24 submiltedfor} conducting^{surveyand demarcationby frxingboundarystones to} the^{petitioner's land to an extent of Acs'2'29 guntasin Sy'No'36/A} 'and Ac.O'37^{guntasin Sy'No'44/c' situated at Kes ravapurVillage} Shivar^{ofRayaparthi Mandal' WarangalDistrict and ifthe} petitioner^{fulfils allthe conditionsmentionedi -r thc circulars} issued^{bl' the Commissioner' Survey'Settlemr:ntsand Land} Records^{from time to tlme' after issuing notices trl all t'he persons} interested^{and adjacent pattadarsand afterconsiclering their} objections,^{r'espondent Nos'3 and 4 shailconcluctsurvey of the} aforesaid^{land' within a period of eight (8) weeksfrorn the dateof} receiPt^{of a coPY of this order'}