Amarveni Venkat Ramana Vs The state of Telangana — Writ and Judicial Review | Telangana HC (2025)

Amarveni Venkat Ramana Vs The state of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage with the consent of counsel. Respondents directed to examine the petitioner's F-Line application No.DERO224O1101649 dated 15.10.2024 for survey and demarcation by fixing boundary stones to his land of Acs.1.2800 guntas in Sy.No.245/1 (194), Khanapur Village and Mandal, Nirmal District; if the petitioner fulfils all conditions of the Commissioner's circulars, and after notices to all persons interested and adjacent pattadars and consideration of their objections, to conduct the survey within eight (8) weeks from receipt of a copy of the order. No order as to costs; miscellaneous petitions, if any, shall stand closed.

Issue for consideration

Whether the respondents' failure to act on the petitioner's F-Line application dated 15.10.2024 (ID DER022401101649) for survey and sub-division of his land in Sy.No.245/1 (194), Khanapur Village and Mandal, admeasuring Ac.1-28.00 guntas, is illegal and arbitrary, entitling the petitioner to a mandamus. +1 more

Court's answer

The writ petition is disposed of at the admission stage (with consent of counsel): respondents are directed to examine the petitioner's F-Line application No.DERO224O1101649 dated 15.10.2024 for survey and demarcation by fixing boundary stones over Acs.1.2800 guntas in Sy.No.245/1 (194), Khanapur Village and Mandal; if the petitioner fulfils all conditions of the circulars issued by the Commissioner, Survey, Settlements and Land Records, respondents shall, after issuing notices to all persons interested and adjacent pattadars and after considering their objections, conduct the survey within a period of eight (8) weeks from receipt of a copy of the order.

Ratio / Principle

As per the Commissioner's circulars, if the petitioner fulfils all the conditions stipulated therein, it is an obligation on the respondents to conduct the survey within the time specified in the said circulars.

Key takeaways

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, the Telangana Survey and Boundaries Act, 1923 and the rules framed thereunder; the Commissioner, Survey, Settlements and Land Records, exercising powers under the 1923 Act, has issued circulars (dated 25.07.2001, 13.07.2007 and 18.05.2010) stipulating conditions for conducting survey of private lands, including F-Line surveys.ratio¶49

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (C.V. Bhaskar Reddy, J.), W.P. No. 4918 of 2025, decided 19.02.2025 - A pattadar possessing Acs.1.2800 guntas in Sy.No.245/1 (194), Khanapur Village and Mandal, Nirmal District, who had filed an F-Line application on 15.10.2024 (No. DER022401101649) seeking survey and sub-division of the land, complained of respondents' inaction. The Court, disposing of the writ petition at the admission stage with the consent of counsel, held that it is settled law that the Survey Department has authority to survey and demarcate lands under the Telangana Land Revenue Act, 1317 Fasli and the Telangana Survey and Boundaries Act, 1923, and that under the Commissioner, Survey, Settlements and Land Records' circulars (dated 25.07.2001, 13.07.2007 and 18.05.2010) the respondents are obliged to conduct the survey within the prescribed time if the applicant fulfils the stipulated conditions. Respondents were directed to examine the F-Line application and, after notice to all persons interested and adjacent pattadars and consideration of objections, to conduct the survey and fix boundary stones within eight (8) weeks from receipt of a copy of the order. No costs; miscellaneous petitions, if any, closed.

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

WEDNESDAY, THE NINETEENTH^{DAYOF FEBRUARY} TWO THOUSAND AND^TWENTYFIVE

PRESENT

THE HONOURABLE SRI JUSTICE^{C.V. BHASKARREDDY}

WRIT PETITION NO 4918^{0F 2025}

Between:

Amarveni Venkat Ramana,^{s/o. Amareveni} .Narayana-, -aged.^{about 54 years.,occ;} Aoriculture, Rto^{23-15711,Shivaji Nagar, Khanapur Mandal Khanapur,Knanapur'} Aditabaa. Telangana^504203.

.....PErfTtoNER

.i^, AND

1 The state of Telangana,^{rep by Principal Secretary,Revenue Departmert'pr} e R A;bLdrai ielingana'se6retariai,^{Hyderabad, Telangana} -^500022'

2 The Chief Commissioner^{of LandAdministration,NqryrpgllyStationRd' Opp} Annapurna Hotel, Abids, Hyderabad,^{Telangana 500001'}

3 The Diskict^{Collector, Nirmal District, lntegrated District offices complex'} Nirmal-504106.

4 The Revenue Divisional Officer, Beside^{Forest Office, Old Collectorate} OuifOlnS,^{Revenue Divisional OfficeNirmal,Telangana, 504106'}

5 TheTahsildar,neartheGovernmentHospital,Khanapur,NirmalDistrict504203.

.....RESPONDENTS

Petition Under Article^{226 of the constitutionof lndia praying that in the} circumstances stated^{in the affidavit filed therewith,the HiEhcourt maybe} pleased to issue a writ, order^{or Direction, more particularlyone in the nature of} WritoFMANDAMUS,DeclaringtheinactionoftheRespondentsonthe Petitioner,s F-Line^{Petition dated 15110t2024 vide TransactionlD} TTDER02240.1^{101649to conduct survey andsubdivisionfor his land in sy No.} 245t1 (1g4) to the extent^{of',l .2800 Guntas is an illegal, arbitrary, unconstitutional} violation of articles 14, 21 and^{300Aof the constitutionof lndiaand against the}

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principles of natural Justice, apart from being violation of Telangana Survey and Boundaries Act, 1973. Consequently direct the respondents to^{consider the} Petitioners F-Line Petition dated 1511012025 vide Transaction^lD TTDER022401'101649 to conduct a survey and subdivision of^{my land in Sy.No.} 24511 (194) to the extent of 1.2800 Guntas.

I.A.N oF 2025

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 Respondent to consider Petitioners F-Line Petition dated^1511O12024 vide Transaclion lD TTDER022401101649. te conduct a survey and subdivision for his land^{in Sy No 24511(194) to the extent of 'l .2800 Guntas.}

Counsel for the Petitioner : M/s SWAPNA GUMPULA

{'.^{'fCounselfor the Respondent Nos.1, 3 to 5 : G.P FORREVENUE}

Counsgf for the Respondent No.2 : G.P FQB LAND ADMINISTRATION

The^Cgurt made^{the following ORDER}

v-l.

HON'BLE SRI JUSTICE^{C.V.BHASKAR REDDY} WRIT PETITION No.^{49LB of 2025}

ORDER:

This writ petition is filed under^{Article 226 of the} Constitution of India,^{seekingthe following relief:}

q' '/

"...pleased to issue a Writ,^{OrderorDirection,more} particularly one in the^{nature of Writ OF MANDAMUS} ieclaring the inaction^{of the respondents on the PetitionersF-} Line^petltion dated 15l10/2024^{uide TransactionID} TTDERO22401 i01649^{to conduct survey ald subdivision for} his land in Sy.No.245/^{I (19a) to the extentof 1.28O0guntas is} an illegal, arbitrary,^{unconstitutional violationof articles14,} 2 1 anJ 3OO-A of^{the constitutionof India and against t.l.e} principles of natural Justice,^{apart frombeing- violation of} i.tur: !rrr^ Survey^{and Boundaries Act, 1973' Consequently} direci the respondents^{to consider the petitionersF-Line} Petition dated l5llO/2O25^{uideTransaction ID} 'I'TDERO224O 1 1O 1649 to conduct a survey^{and subdivision of} my land in Sy.No.245/^{I (194) to the extent of 1'2800 Guntas} and be pleased to Pass..."

2 It is stated that the^{petitioneris the pattadar and} possessor of the land^{admeasuring Acs' 1'2800 guntas in} Sy.No.2a5/ 1(194)^{situatedatKhanapurVillageand} Mandal, Nirmal District.^{It is the case of the petitioner} that he has acquired^{the subjectland as part of his share} in the partnership^{agreement. It is furthercase of the} petitioner that to avoid^{disputes with the neighbors of the} subject land, the^{petitionerfiled an FJine application} dated 15.10.2024 uide Application

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CVBR, J Wp_4918 2025

No.DER0224011O1649 before the respondents to conduct survey and sub-division of the subject land. The grievance of the petitioner is that even after receiving the F-line application submitted by the petitioner, the respondents have not conducted the survey of the subject property and has not demarcated the boundaries.

Tl

Considered the submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this lr,rit petition is disposed of at the admission stage

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.

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

CVBR, J Wp 4918_2025

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the aforesaid F-Line application submitted by the

petitioner by following due procedure laid down under law and conduct survey and demarcate the subject^land by fixing boundaries.

It is settled law that the Survey^{Departmenthas the} authority to conduct survey and demarcate^{lards in} accordance with the provisions of the^{TelanganaLand} Revenue Act, 1317 Fasli^(Act No. VIII of^{1317Fasli), 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 requiredto} 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,exercisingpowers} under the Telangana Survey^{and BoundariesAct, 1923,} issued relevant circulars from time to time^vide dated 25.07.2OO1, Rc.No.Nl/65 43/gg, Rc.No.Nl/l4O8l07, dated 13.O7.2OO7, and

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C\tsR. J Wp_4918 2025

Rc.No.N2/1741 /2OIO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the saicl 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.

{-I

In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondents to examine the petitioner's F-Line application uide No.DERO224O1101649, dated 15.1O.2024 submitted for conducting survey and demarcation by fixing boundary stones to the petitioner,s land to an extent of Acs.1.2800 guntas, in Sy.No.245/1 (194) situated at Khanapur Village and Mandal, Nirmal Reddy District and if the petitioner fulfils all the conditions mentioned in the circulars issued by 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, respondents shall conduct survey of the

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CVBR, J Wp 4918 2025

aforesaid land, within a period of eight^{(8) weeks from the}

date of receipt of a copy of this order.

With the above observations, this Writ^Petitionis

disposed of. There^{shall be no orderas to costs.}

g. As a sequel, the miscellaneous^{petitionspending,}

if any, shall stand closed.

SD/-MOHD. ISMAIL ASSI T NT REGISTRAR

/

,TRUE COPY//

ECTION OFFICER

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To

The.Principal^{Secretary, Revenue Department,-Dr B R Ambedkar Telangana} S"iretatiai, State^{ofTelanganaat Hyderabad, Telangana - 500022'}

'2. in" Cr,i"i cormissioner^{oi Lano Ruhinistration,Nampally StationRd. opp.} Annapurna Hotel,^{Abids,Hyderabad,Telangana 500001'}

in" Oi.tri.t Coltector,^{Nirmal District, lntegrated District Offices Qomplex,} Nirmal-504106

if ," n.uu"r" Divisional^{Officer, Beside Forest office' Old Collectorate} UufOinS, h"uunue^{Divisional Office Nirmal,Telangana' 504106'}

5, ii" iritiiJri^{nearthe Government Hospital, Khanapur'Nirma! District -} 504203.

b. ;;;ac r to G.P^{FoRREVENUE,High court for the state of relangana at} Hyderabad

;;;"cc;^t" c^{P FoRLANDADMINISTBnTIoN,High courtfor the state of} Tglangana^{at HYderabad.}

I o; ci^{to rrlls'swnpruAGUMPULA Advocate[oPUc]} 9 Two C0^Copies

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HIGH COURT

DATED:1910212025

ORDER g'9

WP.No.4918 of 2025

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DISPOSING OF THE W.P

WITHOUT COSTS.

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