Mb Sanjeev Kumar v. The State Of Telangana

[ 32e9 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION NO:40334 OF 2025 Between:

MB Sanjeev Kumar, S/o. M B Balaram, Age about 45 years, Occ- Pvt Service, Rlio. Flai No. 303, Dhanya Sree Edifice Yapral, Medchal-Malkajgiri District R Jagadishwar, S/o. Late Balappa Age about 55 Years, Occ- Pvt Service FUo. H.No. 6-1-103/94, Flat No.205 Classic Castles Apartment Secunderabad. ...PETTTTONER(S) AND ,

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Telangana, Hyderabad.

2. The District Collector, Office of District Collector, Mahabubnagar District.

3. The Superintendent of Police, Mahabubnagar District.

4. The lnspector of Survey, Survey and Land Records, Mahabubnagar District.

5. The Tahsildar, Office of the Mandal Revenue Officer, Chinna Chintakunta Mandal, Mahabubnagar District.

6. The Mandal.surveyor, Chinna Chintakunta Mandal, Mahabubnagar District.

7. R Chittamma, W/o. Late R Balaram Occ- Home maker, Age about 55 Years Ri./ o. Undyala Village, Chinna Chintha Kunta Mandal, Mahabubnagar District

8. R Srinivasulu, S/o. Late R. Balappa Occ- Agriculture, Age- 48 Years R/ o. Undyala Village, Chinna Chintha Kunta [Vlandal, Mahabubnagar District

9. R Ramu,-Sio. Late R Balappa Occ- Agriculture, Age-45 Years R/o. Undyala Village, Chinna Chintha Kunta Mandal, Mahabubnagar District ...RESPONDENTS 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 a writ or order or direction, more in the nature of a Writ of Mandamus, directing the respondent authorities to conduct the survey and fix the boundaries by erecting the boundary stone over the land in Sy.No.4904 & 493 A5'

,/ adm.Ac.3-80 gts, and .gdm, ,A9.-3.ZSO respectively situatr,r at Undyala Vilage, chinna chintha Kunta Mandar, Mahabubnagar District in pJ suance of the F-Line Application vide Apptication No. DERo-224o1119253 c ated 16.12.2024 in accordance with law in the interest of justice and consequ -. rfly consider the said F-Line Application.

lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the cir :umstances stated in the affidavit filed in support of the petition, tn" Higr, co,rt ma r be preased to ollct respondents to proceed to conduct the survey of th -- petition"r, i"nd in Sy No.490A & 493 AS, adm.Ac.3-80 gts, and adm. Ac.3.25C respectiveiy ,itr"t"O at Undyala Village, chinna chintha Kunta Mandar, Mahabrrr nagar oistricio;ine basis of the F Line apprication made by the petitioner, d iix boundariLs oy erection of boundary stones to the petitioners agiicurturar rar i pending oirpo.rr or the writ petition in the interest of justice and equity. Counsel for the Petitioner(s):SRl. S M SAIFULLAH Counsel for the Respondent,s No,s 1 to 6 : SRl. L. RAVINt)l :R AGp FOR REVENUE Counsel for the Respondent,s No,s 7 to g : _ The Court made the following: ORDER l ri

lIN THE HIGH COURT FOR THE STATE OF TELANGAI{A AT HYDERABAD TIIE HONOURABLE SRI JUSTICE E'V'VENUGOPAL PEf,ITION No.40 34 2025 WRIT Dated:31.12 .2025 Betweetl:

Sri MB Sanjeev Kumar and another ... Petitioners And The State of relangan?.lp.r secretary and eight o.thers Represented by its Pri .. Respondents oRDER:

This Writ Petition is hled under Article 226 of Constitution of India, seeking the following relief/ s:- '. . . to issue a writ, order or direction- .Tot" oarticularly one in ttt" nature of Writ of "d"#;"i, directing the re spon dent authorities to conduct the survey and hx the boundaries by --oarino the boundary slone over the l-and in Sv.No.490A & 493 A5'

i'".i.Cso ."=pectively situated at Undyala Village' ti'ri"""-ctti"tha Kunta Mandal' Mahabu'bnagar District in pursuance of the F-Line Application ili?' aopil.lii"" Ilo'oBnozz+o1 1 1e253. dated \Tn'i'dii i"accordance with law.in lf ill:""' of iustice and consequently consider the said FLine APPlication and may Pass "' Heard Mr.S.M'Saifullah' learned counsel for the petitioners and Mr.L.Ravinder, learned Assistant

) Governrnent Pleader for Revenue, zrp rearing for respondents.

3.

When the matter is taken up for conside r rtion, Iearned counsel for the petitioners seeks a dirt: tion to the respondent-authorities to act upon the F-lrr e applir:ation No.DERO224O 1 I 19253 dated 16' 12 '2024 sult nitted by the petitioners to conduct the survey and hx the roundaries by erecting the boundary stone over the lan'l admeasurtng Ac.3.8O gts and Ac.3.250 in Sy'Nos'490'A and 493 A5 respectivelv situated at Undya-la Village, C I inna Cl-rintha Kunta Mandal, Mahabubnagar District'

4 .

Learned Assistant Government Pleadc for Revenue contends that the respondent authorities u i I consider the aforesaid F-Line application submitted by the petitioners by following due procedure laid down under [:t ; and conduct survey and erect the subject ia'nd by fixing bo'.l-rdaries' 5.

It is settled law that the Survey Deprl tment has the authority to conduct survey and dema r :ate lands in accordance with the provisions of the [ :langana 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 ccnditions for conducting surveys, partic..rlarly F-Line (held measurement) surveys. Individua_ls requesting such surveys are required to submit specific documents, and if the conditions stipulated in the circulars are fullilled, the survey and boundary fixation may be conducted. The Commissioner, Survey, Settlements and Lald Records, exercising powers uhder the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc. No. N 1 / 65 43 /99 , dared 25.O7 .2OOI, Rc.No.Nl/1408 /07, dated 13.07.2OO7, and, Rc.No.N2l 1741l 20lO, dated 18.05.2010 stipulating the conditions for conducting survey of private lands and as per the said , circulars, if the petitioner fulfils all the conditions of the said circular, it.is an obligation on the part of the respondents to conduct survey within the time specified in the said circulars. 6.

In view of the aforesaid discussion, this. Court deems it appropriate to dispose of this Writ petition directing respondents-authorities to examine the petitioner,s F_Line application ulde No. DERO224O L I 19253, dated 1 6. 12.2024,_ in

accorCance 'with the provisions of the Telangzu a Survey anci Boundaries Act. 1923 and' aiso in terms l' the circular instructions issued b;' the commissioner' Sur.t v' Settlements and Lancl Records for corrctL,lting su - ey on field measltrement applications (F-Line applications , from time to time, as expeditiously as possible, by puttin 3 the interested parties on notice and affording them sufficien t opportunity oi hearing.

7 .

With the above direction, this Writ Petit on is disposed of. There shall be no order as to costs As a sequel, the miscellaneous petitir ns pencling, if any, shall stand closed.

SD/.A.V.S. PRASAD )EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, I

1. The Principal Secretary, Revenue Department, Secre.i riat, Telangana, State of Telangana, Hyderabad.

2. The District Collector, Office of District Collector, Mah a rubnagar District.

3. The Superintendent of Police, Mahabubnagar District

4. The lnspector of Survey, Survey and Land Records, l/ rhabubnagar District.

5. The Tahsildar, Office of the Mandal Revenue Officer, ( hinna Chintakunta Mandal, Mahabubnagar District.

L :ri*s{*i*ffiffi r;-I;& .si*i'-rr I r-i.. i;;i, II

6. The Mandal Surveyor, Chinna Chintakunta Mandal, Mahabubnagar District.

7. R Chittamma, Wio. Late R Balaram Occ- Home maker, Age about 55 Years Fl/ o. Undyala Village, Chinna Chintha Kunta Mandal, Mahabubnagar District B. R Srinivasulu, S/o. Late R. Balappa Occ- Agriculture, Age- 48 Years F/ o. Undyala Village, Chinna Chintha Kunta Mandal, Mahabubnagar District

9. R Ramu, S/o. Late R Balappa Occ- Agriculture, Age-45 Years Rl/o. Undyala Village, Chinna Chintha Kunta Mandal, Mahabubnagar District '10.One CC to SRl. S M SAIFULLAH Advocate [OPUC]

11. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. tourl

12. Two CD Copies BS :! j ..

HIGH COURT DATED:3111212025 t:

lHE S Ta t C:, 4., )- 0 I Jrll :n,s

ORDER

iSS.S.n.l-r '.\:, WP.No.40334 ol 2025 e I I t WRIT PETITION IS DISPOSED OF WITH OUT COST + ^'