HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33957 of 2024

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to issue to a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 and 3 in conducting the survey and fixing boundary stones of Petitioner's lands Sy.No.215/A/2, extent Ac.1.10 Gts and Sy.No.216/Ru/2, extent Ac.1.37 Gts, totaling to Ac.3.17 Gts, situated at Kalwakurthy Village & Mandal, Nagarkurnool District as per the Lok Adalat award dt 11.02.2023 passed in Lok Adalat Case No.01/2023 as arbitrary, unconstitutional, unfair, against the principles of natural justice, illegal and void and consequently direct the Respondents 2 and 3 to conduct survey of the lands Sy.No.215/A/2, extent Ac.1.10 Gts and Sy.No.216/Ru/2, extent Ac.1.37 Gts, totaling to Ac.3.17 Gts, situated at Kalwakurthy Village & Mandal, Nagarkurnool District as per the Lok Adalat award dt.11.02.2023 passed in Lok Adalat case No.01/2023 and fix the boundary stones thereof and pass such other order or orders …”

2. Heard Ms.Dhanalakshmi, learned counsel representing Mr.K.Srinivas, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondents. Perused the record.

3. When the matter is taken up for consideration, learned counsel for the petitioner seeks a direction to respondent Nos.2 and 3 to act upon the F-line application dated

09.02.2024 submitted by the petitioner and to conduct survey, demarcation and fixation of boundaries in respect of the subject lands as per the Lok Adalat Award dated

11.02.2023 in Lok Adalat Case No.01/2023.

4. Learned Assistant Government Pleader for Revenue contends that the respondent authorities will consider the aforesaid F-Line application submitted by the petitioner by following due procedure laid down under law and conduct survey and demarcate the subject land by fixing boundaries.

5. 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.

6. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this Writ Petition directing respondent Nos.2 and 3 to examine the petitioner’s F-Line application vide No.DER022401093074, dated 09.02.2024, in accordance with the provisions of the Telangana Survey and Boundaries Act, 1923 and also in terms of the circular instructions issued by the Commissioner, Survey, Settlements and Land Records for conducting survey on field measurement applications (F-Line applications), from time to time, as expeditiously as possible, by putting the interested parties on notice and affording them sufficient opportunity of hearing.

7. With the above direction, this Writ Petition is disposed of. There shall be no order as