The court emphasized the necessity for respondents to issue reasoned orders in response to the petitioner's application for a land survey within a specified timeframe.

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking for following relief:

“...to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities more particularly Respondent Nos.2 to 3 in not taking action against letter date 10.11.2024 in connection to the FLINE application/petition dated, 03.03.2023 in directing the Respondent Nos.4 & 5 to conduct survey and fix/show boundaries of the subject land is illegal, arbitrary and in violation of Article 14 & 300-A of the Constitution of India and against the principles of natural justice and consequently, direct the Respondents to conduct the survey and to fix/show the boundaries of extent Ac.0.09 Guntas (Ac.0.22.5 Cents) out of extent H.0.091 (Acres.2.24 Cents) of Gattu Village and Mandal of Jogulamba Gadwal District, Telangana, by carrying out necessary sub-division and pass such other order or orders as this Court deems fit and proper in the circumstances of the case…”

2. 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.

3. It is stated that the petitioner is the pattadar and possessor of land admeasuring Ac.0.09 guntas (Ac.0.22.5 Cents) out of extent H.0.091 (Acres.2.24 Cents) in Sy.No.7 of Gattu Village and Mandal of Jogulamba Gadwal District, having purchased the same through a registered sale deed vide document No.5171 of 2006, dated 16.10.2006 and the name of the petitioner has been recorded in revenue records and pattadar passbook has also been issued in respect of the subject property. It is the further stated that when the neighbouring owners of the petitioner started interfering with the peaceful possession and enjoyment of the subject property and causing inconvenience, the petitioner was constrained to make an application dated 03.03.2023 in DER022300903611 to respondent No.5 by way of F-Line petition, seeking to conduct the survey and to fix/show the boundaries for the subject property. It is further stated that acting upon the said application, on 14.03.2023 the Department has issued notice to the petitioner and all the neighbouring land owners, requesting to be present on 18.03.2023 for conducting of survey of subject property and none of the owners were present on the date fixed, hence, another notice was also issued on 03.06.2023 with a request to be present on 09.06.2023 and on behalf of the petitioner, her husband appeared in person for survey, where Mandal Surveyor measured whole land in Sy.No.7 and also noticed certain constructions in the Sy.No.7 and could not fix the boundaries of the subject property.

4. The grievance of the petitioner is that even after receiving the said F-Line application; the respondent authorities are not conducting survey and fixing the boundaries.

5. Learned counsel for the petitioner has submitted that in terms of the circular issued by the Commissioner, Survey, Settlements and Land Records, the respondent authorities are bound to consider the application within 45 days from the date of the application after collecting necessary charges.

6. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the land acquired by the petitioner is non-agricultural land and therefore, the circular instructions issued by the Commissioner, Survey, Settlements and Land Records not applicable and the petitioner is not entitled for seeking to conduct survey, as such respondents have not passed any orders on the application submitted by the peti