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2025 DIGILAW 1897 (TS)

Enugonda Vivekananda Reddy v. State of Telangana, rep. by its Principal Secretary, Revenue Department

2025-12-22

E.V.VENUGOPAL

body2025
ORDER : This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the official respondents in issuing e-passbooks, by entering the land in Sy.No.269/A/1 admeasuring Ac.1.23 gts in Dharani Portal on the names of the respondents 5 to 7 without there being any land more than the original extent of Ac.11.25 gts in the parental Sy.No.269 situated at Tharigoppula Village and Mandal, Jangaon District thereby claiming the right in the land of the petitioners in Sy.No.269 which is illegal, arbitrary, null and void and consequently direct the official respondents to rectify the wrong entry of the land with the Sy.No.269/A/1 admeasuring Ac.1.23 gts situated at Tharigoppula Village and Mandal, Jangaon District, and pass..…” 2. Heard Sri Jalli Kanakaiah, learned Senior Counsel representing Sri Jalli Narendar, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 4 and Sri E.Ravinder Reddy, learned counsel appearing for the unofficial 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 Acs.2.37 guntas in Sy.No.269, situated at Tarigoppula Village and Mandal, Janagaon District, having purchased the same from Pingili Raj Reddy. Thereafter, the said land was mutated in the name of the petitioner and accordingly, the name of the petitioner was also updated in e-pahanies and issued e- passbook vide passbook No.32320030467 and he is being paid the benefit under the Rythu Bandhu Scheme. Originally, the land to an extent of Acs.11.25 guntas in Sy.No.269 was on the name of 4 persons i.e., Sri Pingili Raji Reddy, Sri Pingili Venkata Krishna Reddy, Sri Pingili Madhava Reddy and Sri Pingili Mukunda Reddy. Each has acquired Acs.2.36 guntas. Sri Pingili Raji Reddy has sold his land in favour of the petitioner. Sri Pingili Venkata Krishna Reddy has sold his extent of Acs.2.36 guntas in favour of Sri P.Madhava Reddy. Sri P.Madhava Reddy is having total extent of Acs.5.32 guntas and Sri P.Mukunda Reddy was also having land to an extent of Acs.2.36 guntas, for his convenience of said land was given to Smt.Dandyala Sathyamma. Sri Pingili Venkata Krishna Reddy has sold his extent of Acs.2.36 guntas in favour of Sri P.Madhava Reddy. Sri P.Madhava Reddy is having total extent of Acs.5.32 guntas and Sri P.Mukunda Reddy was also having land to an extent of Acs.2.36 guntas, for his convenience of said land was given to Smt.Dandyala Sathyamma. Respondent No.4 has issued patta certificate in favour of Smt.Dandyala Sathyamma to an extent of Ac.1.23 guntas in Sy.No.269/A, as a result Smt.Dandyala Sathyamma become the holder of the land to an extent of Acs.4.19 guntas and thereby, they are intervening into the land of the petitioner and changing the boundaries of land. 4. Though the petitioner land mentioned in the pahanies and patta passbook to an extent of Acs.2.37 guntas in Sy.No.269. The said Smt.Dandyala Sathyamma taking advantage of patta in Sy.No.269 to an extent of Acs.4.19 guntas, she executed on the name of Dandyala Suneetha and Dandyala Said Kiran Reddy and they were issued the patta passbooks with Khata Nos.61054 and 61038. The said illegal action was brought to the notice of the revenue authorities to rectify their own mistake but the authorities have not taken any action as a result the unofficial respondents intruding the land of the petitioner and thereby causing loss to the petitioner in holding of the extent of land as such he made application to the Mandal Revenue Officer, to conduct the survey of the land of the petitioner and fix the boundaries to resolve boundary dispute once for all. 5. The petitioner made an application to the Tahsildar questioning the entry of respondent no.5 in the Dharani Portal by showing the additional land of Ac.1.23 guntas more than the actual holding Acs.2.36 guntas mutated additional Ac.1.23 guntas of land in Sy.No269/A and thereby issuing patta passbooks and requested to furnish the ROR file with attested copies under ROR Act for which the Tahsildar issued memo saying that the said ROR file is not available in the office of he Tahsildar and to the effect of that a Memo was issued on 05.02.2021 Rc.No.B/45/2021. As such it is crystal clear that respondent No.5 played fraud with the office of the Tahsildar and obtained patta certificate to an extent of Ac.1.23 guntas in Sy.No.269/A. Thereafter, respondent No.5 has transferred the land on the name of respondent Nos.6 and 7. 6. As such it is crystal clear that respondent No.5 played fraud with the office of the Tahsildar and obtained patta certificate to an extent of Ac.1.23 guntas in Sy.No.269/A. Thereafter, respondent No.5 has transferred the land on the name of respondent Nos.6 and 7. 6. Respondent Nos.5 to 7 played fraud and taking advantage of patta certificates and entries in the Dharani Portal they are intruding into the land of the petitioner by changing the earlier boundaries. The boundaries were fixed long ago and by changing the same respondent Nos.5 to 7 have fixed the boundaries for their convenience by showing their extent of Acs.4.19 guntas and thereby the extent of land of the petitioner physically reduced as such the petitioner have made application to respondent No.4 under F-line petition and requested to conduct the survey of land of the petitioner in Sy.No.269 to an extent of Acs.2.37 guntas and fix the boundaries. When the respondent-authorities not responded for conducting of the survey to know the total extent of land in Sy.No.269, then the petitioner filed W.P.No.40674 of 2022, this Court vide its order dated 07.11.2022 has allowed the writ petition directing respondent No.4 therein to consider the f-line application submitted by the petitioner, conduct survey and demarcate the aforesaid land by fixing the boundaries. 7. As per the order passed by this Court dated 07.11.2022, the survey was conducted and sketch map was issued as per the said survey, the total land to an extent of Acs.11.25 guntas in Sy.No.269, as such a panchanama wa conducted, location map issued to the petitioner, as such it is crystal clear that the land entered in Dharani Portal in Sy.No.269 is Acs.13.08 guntas which is more than the original extent of Acs.11.35 guntas. The additional added land was given Sy.No.269/A/1, which is the root cause for interfering into the land of the petitioner, when it was questioned the e-passbook and Dharani Portal document is being shown to substantiate their claim, as such the petitioner have submitted detailed representation dated 06.06.2023 as well as Prajavani, dated 03.07.2023 to the District Collector to conduct a detailed enquiry and take decision for cancellation of entry of Sy.No.269/A/1 admeasuring Ac.1.23 guntas, which was issued on the name of respondent No.5, but no action has taken place till date. Hence, the present writ petition. 8. Hence, the present writ petition. 8. Learned Assistant Government Pleader for Revenue would submit that the petitioner without filing an Appeal before the appropriate authority has rushed to this Court at a premature stage by filing the present writ petition, which is misconceived. Hence, seeks to dismiss the present writ petition. 9. 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 (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.N1/6543/99, dated 25.07.2001, Rc.No.N1/1408/07, dated 13.07.2007, and Rc.No.N2/1741/2010, 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 for the respondents to conduct survey within the time specified in the said circulars. 10. In the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this writ petition is disposed of, granting liberty to the petitioner to file an Appeal before the appropriate authority under the aforesaid circular instructions, upon filing such Appeal, the respondent-authorities shall consider the same and pass appropriate orders, strictly in accordance with law, by putting the petitioner and all affected parties on notice and affording them an opportunity of hearing. If, respondent-authorities are not inclined to accept the request made by the petitioner, they shall assign specific reasons, pass a reasoned order, communicate a copy of the said order to the petitioner and complete the said exercise as expeditiously as possible and as per the procedure laid down under law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.