Dasari Yadaiah Vs The State of Telangana

Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents more^particularly the action of the 4th respondent in not fixing the boundaries to an extent of Ac. 1.35 gts land situated in Tulekhurd village, Yacharam Mandal of RR District in pursuance of the survey conducted by the 3rd respondent on dated 15-06-2024 is highly illegal arbitrary and unjust and consequently direct the respondents to fix the boundaries of the petitioner in agricultural lands to an extent of Ac. 01- 35 gts, in Sy. No.^'166 situated in Tulekhurd village, Yacharam Mandal of RR District in favour of the Petitioner, pending disposal of the main Writ Petition, in the interest of^justice.

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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^{maybe pleased to} direct the respondents for demarcation of^{petitioners land to fix the boundariesin} Sy. No. 166 to an extent of 01- 35^gts situated in Sy.^{No. 166 situated in} Tulekhurd village, Yacharam Mandal of RR District by reconsidering^requisite fees paid on 15- 03- 2024 forthwith,^pending disposal of the^{Writ Petition.}

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Counsel for the Petitioner: SRI DANDU SURESH BABU

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Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HOIT'BLE SRI JUSTICE C.V. BHASI(AR REDDY

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WRIT PETITION No.877 of 20.25

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ORDER:

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This writ petition is filed seeking to declare the action of respondent No.4 in not fixing the boundaries to an extent of Ac. 1.35 gts., in Sy.No.166, situated at Tulekhurd Village, Yacharam Mandal, R.R. District in pursuance of the survey conducted by respondent No.3, dated 15.06.2O24, as illegal and arbitrarSr ald consequently prayed for other appropriate reliefs.

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Considered the submissions of learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

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It is stated that the petitioner is the pattadar and possessor of agricultural lald to an extent of Ac.1.35 gts., in Sy.No.l66, situated at Tulekhurd Village, Yacharam Mandal, R.R. District and the revenue authorities have also mutated his name in the revenue records and issued pattadar passbook and tifle deed urde Passbook No.T05270O11595, Khata No.6O859 under the provisions of the Telangana Rights in Land ald Pattadar Passbooks Act, 2O2O. It is further stated that he has made an F-line application uide No.DERO224O LO8769l seeking to conduct survey and for preparation of sub-division records

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for the land in Sy.No.166. It is further stated that in pursuance of the said application, Deputy Inspector of Survey has conducted survey and submitted a report after conducting panchanama, fixing the boundaries for the total extent in Sy.No.166, but they have not localized the subject land of the petitioner by fixing the boundary kuddi stones.

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karned Assistant Government Pleader for Revenue appearing for the respondents would submit that the petitioner has made an application seeking to conduct survey of land to an extent of Ac.l,35 gts., in Sy.No.166, and the respondents have conducted survey basing on the tipons and chowpasla and after conducting panchalama, has shown the boundaries of the said survey number. Learned Assistant Government Pleader further submits that as tJre petitioner has not submitted any application for preparation of sub-division records for the subject land, the respondents have not conducted sub-division survey/podi survey and if the petitioner makes an application seeking for preparation of sub-division records after paying necessarJr charges, the respondents would conduct survey for identification and localization of the subject land.

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The issue relating to conduct of survey and sub-division of survey, etc., was considered by this Court vide order dated

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23.08.2022 in W.P.No.32785 of 2022 arrd the relevant portion of the said order is extracted hereunder:

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"8. TLe Commissioner, Surueg, Settlements and land. Record-s, Hgderabad, ln-s issued uarious ciratlars from time to time in connectbn with anducting of surveg, demarcation s and sub-diuision of land and. surueg num.bers and abo disposal of F-lile petitions submitted bg *rc panties^. concerned seeking suruey and subdiuision. TLe said. circulars uere i.ssued keeping in uieut the Board Standing Orders-34A para 2O(a) of tle Board Standing Orders, which reads as under:-

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'Applications from priuate parties to point out tle boundaies of tteir fields in accardance uith the surueg records mag be receiued bg the Taluk Tahsildar. On receipt of the application uith th.e d.eposit (prescibed fee), the Talsildar should fonttard. it to the Suraeyor-Firka Deputy Suruegor ulo should., during his ui.sit b *e uillage, complg uith the request. The Suruegor-Firka DeputV Suraegor should after pointirlg out the required boundary to the ryot, obtoin his sigrwture to tLnt elfed in ttrc application and slauld himself (urite) thereon that tLe bound.ary uas poinled. out bV him in accordance Luith ttE measurements noted. in the surueg reord.s."

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Paragroph No-6 (b) of the Rc.No-N2/ 1741/2010, dated 18.O5.2O7O Circular read.s as under:-

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'F-line petitions/ d.emarcation petitions receiued in respect of portions of surueg fields in agrianltural lands sLould be @nuerted by Tahsildars ad applications for subdiui.sion on pagment of balance fee pagabLe, if ang and subdiuision sfnuld. be done in acard.an e utith BSO 3+A para 13 and in respect of Telangana di.sticts in acrordane with CSSLR ciratlar Rc-No.N1/ 1408/07 dt.13.O7.2OO7."

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Tlereafter, anoth.er Circular in Rc.No.Nl/4296/ 2O12 d-ated 22.O8.2O12 uas i-ssued dulA rissuing lurtler instructions and guirlelines fo,

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demzrcation and. surueg of the sub-diubion surueg num,bers and instruction Nos. ].o 6 of the said Circuldr read as under:-

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'1. Every F-Line Demarcation application must be submitted to the conceraed Tahsildar/ DSeua/ Mee-Seua.

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Euery F-Line Demarcation application must be registered and such registered applications must be attended in seriatum onlg and ualid reasons for ang deviation to the seriatum strould be recorded.

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(a) Euery F-Line demarcation application shall be accompanied. bg a Xerox copg of patlad.ar passbook or a mpg of the latest adangal/ pahnni.

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(b) Demarcation applicotion uitlwut such supportiue or euid.ential document mag be rejected.

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If the applicant submits a self stuorn affdauit declari.ng his rights/ rcputed ounership a possession along with tte d.emarcation petition, thE concem.ed Tahsildar mag take an appropiate decision after thorough ueification of reards eitlzr to forttard. the same to the Surueyor or rejed..

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5 . (a) Mandal Surueyot/ Deputg Suruegor slwll serue rwtices to th.e

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(2) Adjacent land. lalders within the surueV number and.

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adj oining suruey numbe rs

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(3) Village Reuenue Officer

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(4) If the adjacent land belongs to local bodg/ Gouernment, notices shall be serued on tte concerned authoritg

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(b) Prior to is*te of notices or after issuing tle tatices, if anq Laritten objections of tle ad-jacent lanl- holders are reeiued., d.emarcation cannot be d.enied. unless it is a legallg ualid. objection and approued bg tle Tahsildar.

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(c) In general, afier issuing tle notices if ang adjacent lanl. lolder absent for demaration, naturallg demarcation uill be pos@oned.

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In such cases, notices to be issued to all the con errLed. consequently ttuo times and if ang of tlem i.s absent for d.emarcation euen afier receipt of the notices, a firal^{notice shrl'llbe issued intimating them that tlrc} demarcatton u.till be done on tfe date mentioned in the final notice "euen in their absence', a.s due oppoftunitg uas gtuen.

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Y tfe demarcation application is for a part of undiuided feld^{srtch applicationmagbe conuertedinto patta sub-} diuision applicatbn and necessary statutory procedure to be folloued for it bg taking application from applicant- "

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From a perusat of the aboue refelred Circulars, it is cl.ear that as and. tDlen F-line petitions for demarcation/ sub4iuision are receiued in respect of poltions of surueg numbers in agricultural land, theg are required to be converted os applications for stb4iuision bg the Tahsildars on pagrrent of balance fee pdAable, if dnA and sub-diuisbn shall be done in respect of the Telangana Districts in accordance with Ciranlar in Rc.No.Nl/ 14O8/07, dated 13.O7.2OO7, issred bg the Commissioner of SurueA, Seltlement and Land Reards. At thi.s stage, it uould be necessary to make note of sofl@ of ttle inst/uctions issued. in the said Ciranlar dated 13.O7.2OO7 u-thich are ertracted hereund.er:

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"5. Thereafter, tle Mandal Suruegor will proceed for^{sub-diui-sionand prepare tle sub-diui.sion record.Tle} sub-diubion sLall be done in accord.anrce uith he description of propertg sale deed. in anse of sales, partition deed in case of partition, mutual agreernent in cnse of succession etc. Hou)euer, tte sub-diuision uill be done onlg subject to tte actual possession on ground tallging uith thE documents merLtioned aboue prouided thit tte Transferees name finds place in the Reuenue accounts thmugh proper mutation-

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Afr.er preparation of the SDR, tle Mand.al Suruegor slwll submit it to *e Talsildar ula uill uerifg uhether it cdntfirms b tfle doanments and. ulether reard-s are signed bg all the concelned parties. Thereafier, Talsild.ar shnuld send th.e re@rd to AssistanJ Aredor, Surueg and Land Records Deportment Luith a proposal for sarction of Pladi.

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Upon recet)t of this proposal, the Assistant Director shall scrutinize the record-s and take furttler action for^{preparation andisgte of supplementa.rysethtuarand} for inanporation of ctnnges, if any."

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1 1 . TttE Ciranlar instructions issued bg the Commissioner are uery clear and absofutelu there is no ambiryitA and the obl@ation that is ca-st upon the respond.ent-Tah-sildar is unequiuocol and. hence, anA actbn on tle part of tle respondefis to refuse to conduct surveg and demarcation or sub-diuision of the part surveg numbers purstant to the reqtest made by the persons concerned bg sttbmifting F-Line petitiotts is totallg impermissible and itlegal. It is onlg to auoid. such ambiryous situation, the aboue referred circulars tuere issued categoricallA stating tllat it is the obligation on the part of the respondent-Talsildar to take up such applications as and Llthen the applicattons are receiued for^{surueg and demarcationof part} surueA numbers o.nd. to complete the surueg bg dulg collecting the required fees."

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This Court on consideralion^{ofthe said Circulars,} disposed of the said writ^{petitionwith certain directions.In the} light of the said decision,^{this Court is of the considered view} that the petitioner herein is^{also staldingon the same footing} and he is also entifled for^{the saidrelief to maintain parity'}

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In view of the above,^{this Writ Petition is disposedof} granting liberty to the^{petitioner to submit F-line application} with respondent Nos.4^{and 5 with a specific request to conduct} sub-division survey.^{On receipt of the saidapplication;}

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i) Respondent Nos.4 and^{5are directed totake up F-line} application of^{tJ:e petitioner for conducting sub-dMsion survey} and demarcation by^{ftxing boundaries of the subjectland} ad.measuring Ac.1.35^{gts., in Sy.No.166,situated at Ttrlekhurd} ViIIage, Yacharam Mandal,^{R.R.District;}

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i0 In case, if respondent^{Nos.4 and 5 are of the view that sub-} division numbers^{are requiredto be done and any furtherfee is} required to be^paid by^{the petitioner in terms of the Circulars} referred. above,^{tJresame shallbe intimated to the petitioner} and on receipt of such^{intimation,the petitioner shallpay such} fee as may be required^{by respondent Nos 4 and 5'}

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iii) On such palrment of fee by the petitioner, respondent Nos.4 and 5 shall take further steps for taking up the survey as requ'ested by the petitioner ald conclude the same in accordalce with law;

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iv) The entire exercise, as directed above, shall be completed within a period of forty frve (45) working days from the date of receipt of F-Line Application.

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