The High Court · 2025

Judgment

8. The State of Telangana and 7 Others, Rep by its Principal Secretary, Revenue Department. Secretariat Hyderabad. The District Collector, Nirmal District. The Superintendent of Police, Nimal District, Nirmal town. The Assistant Director, Survey and Land Records Nirmal District, Nirmal Town. The Tahsildar, Nirmal Mandal and District, Nirmal Town. The Station House fficer, Town Police Station, Nirmal, Nirmal Town. Sokkama Buchanna, S/o. Sokkama Gopi, Aged Malor, Occ. Agriculture Rl/o. D.No. 1 4-1O2l5ll, Adarshnagar, Nirmal. Sokkama Rajamany, D/o. Sokkama Gopi, Aged Major, Occ. Housewife, Ri/o. D.No. 14-1 02/5/1, Adarshnagar, Nirmal. ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the inaction of the Respondents 4 and 5 in not considering and conducting land survey in Sy.No. 1525. Old Sy.No. 1407 to an extent of Ac. 1.19 gts situated Adarshnagar, Nirmal Town and District on the applications dt. 1010912020, 2310212021, O9103t2021, 22t03t2021 , 03t06t2021 and o9109t2021 sub;itted by the Petitioner is arbitrary' illegal and in violatio'r of Article 14' 300-A of constitution of lndia' Principles of Natural Justice and repot : decision in 2016 (3) ALT 653 @nsequently to direct the Respondents 4 and 5 tc )onduct survey of land in Sy.No. 1525, Old Sy'No 1407 to an e(ent of Ac' 1'19 gt; situated Adarshnagar' Nirmal Town and District and also to Respondents 3 all i 6 to provide Police Protection during such survey of the land IANO:1 OF 2022 petition under section 1sl cpc praying that in the c rcumstances stated in the affidavit filed in support of the petition' the High Court r ay be pleased to pass interim direction to the Respondent 4 and 5 to conduct the s "rrvey of land in Sy No' 1525, Old Sy.No 1407 to an extent of Ac' 1'19 gts situat€ J Adarshnagar' Nirmal Town and District with the help of Respondents 3 and 6 1 ending the above Writ Petition Counsel for the Petitioner: SRI SHAFATH AHMED KHAi Counsel for the Respondent Nos' 1 to 6: AGP FOR REVI: {UE Counsel for the Respondent Nos' 7 & I : The Court made the following: ORDER - ^ ,1 THE HONOI'RABLE SRI JUSTICE E.V.VETIUGOPAL WRIT PETITION No.319 OF 2o.22 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief ".....to issue a uit of Mand.amus or any other oppropriate Writ, order or direction declaring the tnaction of tle respond.ents 4 and 5 in not consideing and andudtng land surueA in 5y.No.1525, Old Sg.No.14O7 to an ertent of Ac.1.19 gts situated Adarshnogar, Nirmal Toutn and Distict on tLE applbations doted 10.09.2020, 23.02.2021, 09.03.2021, 22.03.2021, 03.06.2021 and 08.09.2021 submitted bg tle petitioner is arbitrary, illegal and in uiolation of Artide 14, 3OO-A of constitution of India, Principles of Nofiral Justice and report decision in 2016(3) ALT 653 cr.rls,eqtentlg to direct tLe responlents 4 and. 5 to andud surueV of land in 59.No.1525, Old Sy.No.14O7 to an ertent of Ac.1.19 gts situated at Adarshnogar, Nirmal Toun and Distict and aLso to respond.ents 3 and 6 to prouid.e Police Protection during such suruey of ttte land in the interest of justice and Pass such otler order..."

2. Heard Sri Shafath Ahmed Khan, learned counsel for the petitioner and learned. Assistant Government Pleader for Revenue appearing on behalf of respondents Nos. 1 to 6. Perused the material available on record.

3. Learned counsel for ttre petitioner submits that the petitioner purchased land in Survey No.14O7, to an extent of ,] 2 EW,J ll/P.No,319 OF 2022 1 Ac. 1.19 guntas through registered Sale Deed lt:aring Document No.526l 1960, dated 11.1O.1960. Since the dat : of purchase the petitioner has been in possession and enjoy nent of the said land. Basing on the said registered SaIe Deed, respondent No.5 mutated the land records in respect of tht: subject land in favour of the petitioner and issued the Pattad e r Pass Book and Pahani under the Pattadar Pass Book Act, 1971.

4. Learned counsel for the petitioner sut mits that since unofficial respondent Nos.7 and 8, who are rr:ighbouring land owners claiming part of the subject land, t:: e petitioner had approached respondent authorities by way o: making several representations dated lO.O9.2O2O, 23.02.21)2L, 09.O3.2021,

03.06.2021, 22.{o3.2021, for dernarcation of he subject land and fixation of its boundaries by paying the re<1 risite fee.

4. 1. Learned counsel for the petitioner firrth er also submits that pursuant to the said representations, .espondent No.4 issued a notice uide dated 26.C3.2021, fixing .:.re date and time for conducting the survey of the subject land < n 29.04.2021 at 1O:3O A.M. Despite the issuance of such notice , ttre survey was not conducted. Hence, the present rirrit petitio:-r is filed. i I i EW,J l/P.No.319 OF 2022 5. Learned Assistant Government pleader for Revenue 3 appearing on behalf of tJre respondent Nos. 1 to 6 submits that the representations made by the petitioner will be considered and disposed of by following due process of law.

6. Having regard to tl"e submissions rnade by the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, this Writ Petition is disposed of directing the respondents to consider the representations dated

22.O3.2O2L and O8.O9.2O21 submitted by tl.e petitioner arrd pass appropriate orders stricfly in accordance with law, after issuing prior notice to the petitioner as well as the unofficial respondent Nos.7 and 8.

7. Accordingly, this writ petition is disposed of. No costs. As a sequel, rniscellaneous petitions, pending if any, shall stand closed. SD/- K.BHAVANI SWAMY ASSISTANT REGISTRAR ,1L-,/ SECTION OFFICER ,,TRUE COPY'/ To, 1'ThePrincipalsecretary'RevenueDepartment.Secretariat,TheStateof Telangana Hyderabad.

2. The District Collector, Nirmal District. 3. The Superintendent of Police, Nimal District, Nirmal town 4'TheAssistantDirector,surveyandLandRecordsNirmalDistrict,Nirmal Town- L

5. The Tahsildar, Nirmal Mandal and Distric{, Nirmal Ton'r . 6. The Station House Officer, Town Police Station, Nirmal Nirmal Town. 7. One CC to SRI SHAFATH AHMED KHAN, Advocate ,I )PUC] 8. Two CCs to GP FOR REVENUE, High Court for th: State of Telangana.

9. Two CD Copies PVL PSK HIGH COURT DATED: 1 8 10812025 ORDER WP.No.319 ot 2022 rS 1,lrf, i 6 Rl ilr20 * t DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ +,