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2025 DIGILAW 1422 (TS)

Pabba Jagannatham v. State of Telangana

2025-11-07

E.V.VENUGOPAL

body2025
ORDER : 1. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “...to grant an order direction or writ more so in the nature of Mandamus (a) Declaring the action of the Respondent No.6 in refusing to conduct survey and demarcation of the Petitioner land i e Ac.0.20 Guntas in Survey No.101/D/1 and Ac.0.30 Guntas in Survey No.101/E total admeasuring Acs.1.10 Guntas, situated at Narasanapalle Village, Kamareddy Mandal and District pursuant to F-Line Application No DER022501224504 dated 10.10.2025 submitted by the Petitioner as illegal arbitrarily and in violation of Article 14, 21, 300A of Constitution of India (b) to direct the Respondent No.6 to conduct survey and demarcate the Petitioner land by fixing the boundaries in respect of land admeasuring Ac.0.20 Guntas in Survey No 101/D/1 and Ac.0.30 Guntas in Survey No 101/E total admeasuring Ac 110 Guntas situated at Narasanapalle Village Kamareddy Mandal and District (c) to pass...” 2. Heard Sri Rohit Pogula, learned counsel appearing for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for the respondents and perused the record. 3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the absolute owner and possessor of land to an extent of Ac.0.20 guntas in Sy.No.101/D/1 and Ac.0.30 guntas in Sy.No.101/E, total admeasuring Acs.1.10 guntas, situated at Narsanapalle Village, Kamareddy Mandal and District, having purchased under the same under the registered sale deeds bearing document Nos.267/1983 and 287/1983. The revenue- authorities also mutated the name of the petitioner in the revenue records and accordingly issued pattedar passbook vide Passbook No.T12090220070, Khata No.100. The pattta-cum-Title Passbook issued to the petitioner and in the Dharani as well as the present Bhu-Bharati Portal, the subject lands were incorrectly recorded as ‘Assigned Land/D-Form Patta/Lavoni Patta’ with the remark ‘Lavoni Patta’. The petitioner approached respondent No.4 and sought for correction, respondent No.4 forwarded the same to respondent No.3 with a recommendation for approval. Respondent No.3 approved the request made by the petitioner with a condition that the approval would be subject to third party claims, if any, to be resolved before the competent Court of law. 4. As there exists an apprehension of possible encroachment and interference from neighbouring landowners, the petitioner was constrained to seek a property survey and demarcation of his property to clearly demarcate his property with specific boundaries. 4. As there exists an apprehension of possible encroachment and interference from neighbouring landowners, the petitioner was constrained to seek a property survey and demarcation of his property to clearly demarcate his property with specific boundaries. Accordingly, the petitioner filed F-Line Application bearing No.DER022501224504, dated 10.10.2025 accompanied by all requisite documents before respondent No.6. Pursuant to the said application, respondent No.6 issued Notice dated 13.10.2025 in File No.E/1497/25, informing that the survey and demarcation would be conducted on 16.10.2025 at 10:00 A.M. But to the petitioner’s utter surprise, despite issuance of Notice dated 13.10.2025 fixing the survey on 16.10.2025, respondent No.6 failed to conduct survey or demarcate the boundaries of the property citing Letter No.N2/1741/2010, dated 18.05.2010 as the reason for not undertaking survey of sub-division numbers. 5. Despite availability of complete records and the petitioner’s repeated representations, the officials concerned have remained indifferent and failed to discharge their statutory obligations under The Telangana Survey and Boundaries Act, 1923 and the operational guidelines governing F-Line application. The commissioner, Survey, Settlement and Land Records, Hyderabad has from time to time issued circular instructions for regulating the procedure of survey, demarcation and sub-division of land, as well as disposal of F-Line applications. These circulars have been issued to give practical effect to the Board Standing Orders (BSO) 34-A, particularly para 20(a), which clearly mandates that applications from private parties to identify and demarcate their filed boundaries shall be received and processed by the Tahsildar. In consonance with the above BSO provision, the Commissioner issued Circular No.N2/1741/2010, dated 18.05.2010, prescribing guidelines of disposal of F-Line Application. Para 6(b) of the said circular provides that F-Line applications received for portion of survey fields should be treated as applications for sub- division, upon collection of the requisite fee, and that sub- division should thereafter be done strictly in accordance with BSO 34-A para 13 and other relevant circulars. Thus, 2010 circular does not prohibit survey or demarcation of sub- division numbers; it merely requires that, where a portion of a survey filed is sought to be demarcated, the Tahsildar shall convert the petition into a sub-division request and proceed accordingly. 6. Subsequently, the Commissioner issued Circular Rc.No.N1/4296/2012, dated 22.08.2012, providing comprehensive guidelines for demarcation and survey of sub-division survey numbers. the said circular reiterates that every F-Line application must be duly registered and processed in seriatim. 6. Subsequently, the Commissioner issued Circular Rc.No.N1/4296/2012, dated 22.08.2012, providing comprehensive guidelines for demarcation and survey of sub-division survey numbers. the said circular reiterates that every F-Line application must be duly registered and processed in seriatim. However, in the present case, the request of the petitioner was only to survey and demarcate his land and only thereafter, the petitioner was issued the pattedar passbook and title deed. Hence, the refusal to undertake demarcation on untenable grounds is wholly arbitrary and contrary to the above circulars. In the light of the above circulars and the provisions of the Telangana Survey and Boundaries Act, 1923, the refusal of respondent No.6 to conduct survey and demarcation on the sole ground of letter dated 18.05.2010 is clearly illegal and ultra vires. The said letter, when read with subsequent clarificatory circulars of 2012 and 2007, does not impose any prohibition on conducting survey of sub-division numbers, but only prescribes the method. Therefore, the respondents’ reliance on the letter amounts to misleading of the circular. Hence, the present writ petition. 7. Learned Assistant Government Pleader for Revenue produced written instructions of respondent No.6 wherein it is mentioned that the petitioner herein has requested for survey which is partly demarcation and the partly demarcation cannot be taken up as per the circular instructions of the Commissioner, Survey Settlement and Land Records, Hyderabad vide Circular No.N2/1741/2010 dated 18.05.2010, the scope of demarcation work contemplated in BSO 34-A para 20 is strictly confined to showing on ground the notified boundaries as existing in survey records which are in force. 8. Perusal of the aforesaid F-line application would reveal that the petitioner herein had submitted the said F-line application seeking sub division survey. Therefore, respondent No.6 cannot reject the said application on the ground that “partly survey numbers, no documents should not be surveyed hence rejected.” 9. This Court on consideration of the said Circulars disposed of the writ petition with certain directions in paragraph No.14. In the light of the said decision, this Court is of the considered view that the petitioner herein is also standing on the same footing and she is also entitled for the said relief to maintain parity. 10. This Court on consideration of the said Circulars disposed of the writ petition with certain directions in paragraph No.14. In the light of the said decision, this Court is of the considered view that the petitioner herein is also standing on the same footing and she is also entitled for the said relief to maintain parity. 10. In view of the above, this writ petition is disposed of with the following directions: i) Respondent No.6 is directed to take up the F-line application bearing No.DER022501224504, dated 10.10.2025 submitted by the petitioner for conducting survey of the subject lands to an extent of Ac.0.20 guntas in Sy.No.101/D/1 and Ac.0.30 guntas in Sy.No.101/E, total admeasuring Acs.1.10 guntas, situated at Narsanapalle Village, Kamareddy Mandal and District. ii) In case, if respondent No.6 is of the view that sub-division numbers is required to be done and any further fee is required to be paid by the petitioner in terms of the Circulars referred to above, the same shall be intimated to the petitioner and on receipt of such intimation from respondent No.6, the petitioner shall pay such fee as may be required by respondent No.6. iii) On such payment of fee by the petitioner, respondent No.6 shall take further steps for taking up the survey as requested by the petitioner and conclude the same in accordance with law; iv) The entire exercise, as directed above, shall be completed within a period of forty five (45) days from the date of receipt of copy of this order. 11. In the circumstances of the case, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.