THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1033 of 2022

ORDER:

Aggrieved by the action of respondent Nos.4 and 5 in not conducting survey and demarcation on the land of the petitioner to an extent of 150 square yards in Survey No.409 situated at Ibrahimpatnam Town and Mandal, Rangareddy District, the present Writ Petition is filed. A consequential prayer is made to direct the respondent Nos.4 and 5 to conduct and demarcation in the aforesaid land of the petitioner basing on the F-Line application No.DER022100706406 of the petitioner dated

24.10.2021, the present Writ Petition is filed.

2. Heard Sri Dinesh Reddy, learned counsel representing Sri Rapolu Bhaskar, learned counsel for the petitioner on record and Sri H.Rakesh Kumar, Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5.

3. Learned counsel for the petitioner submits that the petitioner has filed an F-line application dated 24.10.2021 vide File No.DER022100706404 for conducting survey to an extent of 150 square yards open plot of the petitioner in Survey NO.409 (herein after referred as "subject land") situated at Ibrahimpatnam Town and Mandal and the same has not been conducted. Since no action has been taken to the F-line application submitted by the petitioner, the present Writ Petition is filed.

4. Learned counsel for the petitioner further submits that the petitioner had purchased the subject land under a registered sale deed bearing document No.1438 of 1993, dated 16.08.1993, on the file of the Sub-Registrar, Ibrahimpatnam, for valuable consideration. Even since, the petitioner has been in peaceful possession and enjoyment of the said property without any interruption from any quarter. In order to have clarity with respect to boundaries and for establishing clear title, the petitioner made an application by paying requisite fee, requesting respondent Nos.4 and 5 to conduct a survey and effect sub-division of her plot. However, despite receipt of requisite fee, respondent Nos.4 and 5 have not acted upon the said request. Left with no alternative and being aggrieved by such inaction, the petitioner is constrained to approach this Court by way of this Writ Petition.

5. Learned counsel for the petitioner further submits that though the petitioner’s request, along with the requisite online application fee, has been accepted, the same has not been acted upon by the respondents. Consequently, the petitioner is facing difficulty in establishing and identifying the tile and boundaries of the subject property. Under these circumstances, the petitioner seeks a direction to respondent Nos.4 and 5 to conduct the survey of the subject property.

6. Learned counsel for the petitioner relied upon the judgment passed by this Court in W.P.No.4811 of 2011 and batch, dated 28.04.2016 and submits that this issue pertaining to this matter has been addressed by this Court through the said order.

7. Learned Assistant Government Pleader for Revenue submits that the respondents had issued a circular vide Ref.No.N2/1741/2010, dated 18.05.2010, which categorically establishes that the survey contemplated therein is confined only to agricultural lands and not in respect of commercial plots. Therefore, the plea of the petitioner for conducting survey does not fall within the scope of the said circular and is misconceived. It is further submitted that the petitioner’s plot falls within the limits of Municipal Corporation, and as such, the survey cannot be undertaken by the Revenue Authorities. Instead, it is for a licensed surveyor duly authorized by the Corporation to conduct the survey of the petitioner’s land. As such, sought for dismissal of the Writ Petition.

8. Having heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader, this Court is not inclined to go into the merits or demerits of the case. However, this Court considers it appropriate to direct the respondent Nos.4 and 5 to consider the petitioner’s