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2025 Supreme(Telangana) 500

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.BHASKAR REDDY, J.
Mir Hussain Ali Khan - Appellant
Vs.
The State of Telangana - Respondent
Writ Petition No.13467 of 2025
Decided on : 29-04-2025


Advocates:
Advocate Appeared:
For the Appellant : MOHAMMED OMER FAROOQ
For the Respondent: GP FOR REVENUE

Authorities must comply with established procedures for conducting land surveys and demarcation upon valid applications without unjust rejection.

Headnote:(A) Article 226 of the Constitution of India - Writ Petition for declaration of illegality in rejection of application - The petitioner's land ownership was established through legal inheritance, and procedural violations in handling F-Line applications were noted - The court emphasized the obligation of authorities to conduct surveys as per established circulars. (Paras 1-11)

(B) Legal Principles - The court recognized the entitlement of a landowner to file for survey and demarcation as part of their property rights. The obligation of responding authorities to facilitate such procedures was affirmed. (Paras 3-11)

Facts of the case:
Petitioner was the owner of agricultural land, inherited and properly documented, whose application for F-Line demarcation was unjustly rejected by the authorities, causing encroachment issues.

Findings of Court:
The authorities are directed to undertake the survey and demarcation of the petitioner's land upon receipt of a proper application within stipulated time.

Issues: The legality of rejecting the F-Line application and the obligations of the responding authorities concerning survey and demarcation were central to the dispute.

Ratio Decidendi: The court maintained that refusal to process survey applications was illegal, reinforcing that authorities must adhere to the guidelines established in relevant circulars.

Result: Writ Petition disposed of, directing action within eight weeks.

Table of Content
1. petitioner's ownership and land dispute. (Para 1 , 3)
2. arguments regarding the rejection of f-line application. (Para 2)
3. court's observations on survey and demarcation procedures. (Para 4)
4. court grants liberty for resubmitting application. (Para 5 , 6)

ORDER :

C.V.BHASKAR REDDY, J.

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, to declare the action of the respondent authorities in rejecting the F-Line application dated 18.12.2024 as illegal, unconstitutional and for other appropriate reliefs.

2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents.

3. The petitioner claims to be owner and possessor of lands admeasuring Ac.0.29 gts in Sy.No.72/BEE/1, situated at Dharmaram Village, Keesara Mandal, Medchal-Malkajgiri District, having acquired the same by inheritance after the death of his father and his name is also reflected in the Dharani Portal and pattadar passbook and title deeds are also issued in his favour. It is stated that when the neighbouring land owners were trying to encroach upon the subject land, the petitioner was constrained to submit F- Line application No.DER022401120157, dated 18.12.2024 for conducting survey and demarcation of the subject land. However, the said application was rejected on 11.02.2025 stating that SD records are not available. The grievance of the petitioner is that despite receipt of representation dated 20.02.2025, till date no action has been taken thereon by the respondents.

4. The issue relating to conduct of survey, demarcation, sub- division of land etc. was considered by this Court vide order dated 23.08.2022 in W.P.No.32785 of 2022 and after taking into consideration the relevant circulars, this Court disposed of the said writ petition with certain directions and the relevant portion of the said order reads as follows:

“8. The Commissioner, Survey, Settlements and Land Records, Hyderabad, has issued various circulars from time to time in connection with conducting of survey, demarcations and sub-division of land and survey numbers and also disposal of F-line petitions submitted by the parties concerned seeking survey and sub-division. The said circulars were issued keeping in view the Board Standing Orders-34A para 20(a) of the Board Standing Orders, which reads as under:-

“Applications from private parties to point out the boundaries of their fields in accordance with the survey records may be received by the Taluk Tahsildar. On receipt of the application with the deposit (prescribed fee), the Tahsildar should forward it to the Surveyor-Firka Deputy Surveyor who should, during his visit to the village, comply with the request. The Surveyor-Firka Deputy Surveyor should after pointing out the required boundary to the ryot, obtain his signature to that effect in the application and should himself (write) thereon that the boundary was pointed out by him in accordance with the measurements noted in the survey records.”

Paragraph No.6 (b) of the Rc.No.N2/1741/2010, dated 18.05.2010 Circular reads as under:-

“F-line petitions/demarcation petitions received in respect of portions of survey fields in agricultural lands should be converted by Tahsildars ad applications for subdivision on payment of balance fee payable, if any and subdivision should be done in accordance with BSO 34-A para 13 and in respect of Telangana districts in accordance with CSSLR circular Rc.No.N1/1408/07 dt.13.07.2007.”

9. Thereafter, another Circular in Rc.No.N1/4296/2012 dated 22.08.2012 was issued duly issuing further instructions and guidelines for demarcation and survey of the sub-division survey numbers and instruction Nos.1 to 6 of the said Circular read as under:-

“1. Every F-Line Demarcation application must be submitted to the concerned Tahsildar/E-Seva/Mee-Seva.

2. Every F-Line Demarcation application must be registered and such registered applications must be atte

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