THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

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 issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No.2 to 7 in not conducting sub-division survey of petitioner’s agricultural lands and fixing the boundaries in Ac.0.05 cents in Sy.No.326/1AA, Ac.1.14 cents in Sy.No.326/1A, Ac.0.32 cents in Sy.No.326/1, Ac.0.08 cents in Sy.No.326/1/AA, Ac.0.55 cents in Sy.No.394/7, Ac.0.17 cents in Sy.No.326/2/A, Ac.0.17 cents in Sy.No.326/2AA, Ac.0.16 cents in Sy.No.326/2E, Ac.0.17 cents in Sy.No.326/5, Ac.0.22 cents in Sy.No.326/3 and Ac.0.08 cents in Sy.No.326/4, totally admeasuring to an extent of Ac.4.11 cents, situated at Amaravaram village, Huzurnagar Mandal, Suryapet District, Telangana, in pursuance of the F-Line application No.FDR022300983757, DT.09.12.2023, as arbitrary, illegal, contrary to the provisions of Telangana Survey and Boundaries Act and in violation of Article 21, 300A of Constitution of India and consequently direct the respondents to conduct the sub-division survey and fix the boundaries to above mentioned petitioners lands and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstance of the case and in the interest of justice.”

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 in Survey No.326/3 and Acs. 0.08 cents in Survey No.326/4, totally admeasuring to an extent of Acs. 4.11 cents, situated at Amaravaram village, Huzurnagar Mandal, Suryapet District (for short, ‘the subject property’) and the petitioner got mutated his name in the revenue records and pattadar passbook and title deeds were issued to the petitioner. The grievance of the petitioner is that he had submitted F-Line Application on 09.12.2023 vide Application No.FDR022300983757 for conducting survey/sub-division and demarcation in respect of the subject property, but till date the respondents have not conducted any survey and demarcation of the subject property.

Hence, the present writ petition.

4. The issue relating to conduct of survey and sub-division of survey etc. was considered by this Court vide order dated 23.08.2022 in W.P.No.32785 of 2022 and the relevant portion of the said order is extracted hereunder:

“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 shou