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2025 DIGILAW 910 (TS)

Mahmood Builders, Pvt. Ltd. v. State Of Telangana

2025-06-26

C.V.BHASKAR REDDY

body2025
ORDER : C.V. BHASKAR REDDY, J. This writ petition is filed seeking following relief: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to grant a Writ, Order or Direction, more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not furnishing the Survey Report dated 19.05.2025 conducted by the inspector of Survey, office of the RDO, Keesara Division, Medchal Malkajgiri District, in respect of the said land i.e. all that land admeasuring Acres 17-20 Guntas in Survey No. 1263, Acres, 6- 01 Guntas in Survey No. 1262/1/1/1/1/1/1/1/1/1, Acres 5-31 Guntas in Survey No. 1260/A/1, Acres 7-08 Guntas in Survey No. 1261/A and Acres 4-00 Guntas in Survey No.1264/D, totally admeasuring Acres 40-20 Guntas, situated at Shamirpet Village, Shamirpet Mandal, Medchal-Malkajgiri District and not considering the representation of the Petitioner dated 13.06.2025, as illegal, arbitrary, unconstitutional and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents to furnish the complete Survey Report dated 19.05.2025 including but not limited to Panchanama, Plan etc. conducted by the inspector of Survey, office of the RDO, Keesara Division, Medchal Malkajgiri District to the Petitioner and pass such other Order or Orders as this Hon’ble Court deems fit and proper in the circumstances of the case and in the interest of justice.” 2. It is stated that petitioner, which is a private limited company, is the absolute owner and possessor of land admeasuring Acs. 17.20 guntas in Survey No.1263, Acs. 6.01 guntas in Survey No.1262/1/1/1/1/1/1/1/1/1, Acs. 5.31 guntas in Survey No.1260/A/1, Acs. 7.08 guntas in Survey No.1261/A and Acs. 4.00 guntas in Survey No.1264/D, totally admeasuring Acs. 40.20 guntas, situated at Shamirpet Village, Shamirpet Mandal, Medchal-Malkajgiri District (for short, ‘the subject land’), having purchased the same through registered Sale Deeds vide Document Nos.4493 of 1995 dated 10.03.1995, 4494 of 1995 dated 03.03.1995 and 4495 of 1995 dated 27.03.1995 and the name of the petitioner was mutated in the revenue records and pattadar passbook vide No.Z65480 and title Deed vide Document No.Z11196 were also issued to the petitioner. It is further stated that the Gram Sarpanch, Shamirpet Village has also granted permission to the petitioner to carry out construction in the subject land vide Permit No.21 dated 26.12.1997. It is further stated that the Gram Sarpanch, Shamirpet Village has also granted permission to the petitioner to carry out construction in the subject land vide Permit No.21 dated 26.12.1997. It is further stated that the petitioner was also issued organization e-pattadar passbook vide Passbook No.T06130244389. It is further stated that prior to the petitioner’s purchase, its vendor had conducted a tonch survey vide File No.K3/2455/92 dated 24.09.1992 and subsequent to the purchase of the subject land, the petitioner again applied for survey and demarcation of the subject land and the Inspector, Survey and Land Records, Ranga Reddy District got the boundary stones fixed under Panchanama vide File No.G7/2856/96 dated 05.02.1998. It is further stated that the petitioner raised a compound wall based on the boundary stones. It is further stated that the petitioner submitted an F-line application vide Application No.DER022401120400 dated 19.12.2024 and pursuant to the said application, a survey was conducted on 13.03.2025 in respect of the subject land confirming the earlier survey conducted in the years 1992 and 1998. It is further stated that based on the report of the Mandal Surveyor, petitioner made an application dated 03.04.2025 for a survey and demarcation by the Deputy Inspector of Survey vide File No.G/321/2025 and pursuant to the said application, a notice of survey was given on 08.05.2025 to all the neighbouring land owners and interested parties for conducting survey on 19.05.2025. It is further stated that on 19.05.2025, the Inspector of Survey, Office of Revenue Divisional Officer, Keesara Division, Medchal Malkajgiri District had inspected the subject land along with other lands and conducted survey and demarcation of the subject land in accordance with the Rules/Survey Manual in the presence of all the neighbouring land owners and interested parties and panchanama was duly prepared in the presence of the panchas. The grievance of the petitioner is that the petitioner submitted a representation dated 13.06.2025 to the 3rd respondent requesting to furnish the survey report in respect of the survey and demarcation conducted on 19.05.2025 to the petitioner, but till date the said representation was not considered by the 3 rd respondent. Hence, the present writ petition. 3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is disposed of at the admission stage. 4. Hence, the present writ petition. 3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is disposed of at the admission stage. 4. Learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed that the petitioner has purchased the subject land and pattadar passbook and title deed were issued in its favour as per the provisions of the Telangana State Rights in Land and Pattadar Passbooks Act , 2020 (for short, ‘the ROR Act, 2020’). Learned Assistant Government Pleader has also not disputed that the petitioner has made an application on 03.04.2025 for survey and demarcation of the subject land by the Deputy Inspector of Survey vide File No.G/321/2025 and also a representation dated 13.06.2025 to the 3rd respondent to furnish the survey report. 5. It is seen from the record that the survey has been conducted on 19.05.2025 and when the copies of survey report, tonch map and panchanama was not furnished, the petitioner made a representation dated 13.06.2025 on the file of the 3rd respondent. Even after receiving the said representation, the 3rd respondent has not furnished the copies of the above survey report and other documents to enable the petitioner to make use of the said survey report. It is the duty and responsibility of the survey officials to furnish copies of the survey report and panchanama and other relevant documents soon after concluding the survey and not furnishing such copies even after a period of more than two weeks show their indifferent attitude in implementation of the provisions of the Telangana Survey and Boundaries Act , 1923 and Rules made thereunder, which action constrained the petitioner to approach this Court for a simple relief seeking furnishing of the copies of the survey report and panchanama and other documents. 6. Having regard to the above, this Court is of the opinion that the ends of justice would be met if the 4th respondent-Deputy Inspector of Survey is directed to furnish copies of the survey report dated 19.05.2025 and panchanama and other documents in respect of the subject land within a period of 15 days from the date of receipt of a copy of this order. For dereliction of the duties and non-furnishing of the survey report dated 19.05.2025 and panchanama and other documents and forcing the petitioner to approach this Court for institution of the writ petition, the 4 th respondent is liable to pay costs of Rs.10,000/- (Rupees ten thousand only) to the Telangana High Court Advocates Association, Hyderabad within a period of four (4) weeks from the date of receipt of a copy of this order and proof of payment there of shall be filed before the Registry. 7 . With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.