High Court · 2025

1. [V1/s. Colonial Constructions (P) Ltd., Regd. Office at, H. No. 8-2-1201861N4, 1st Floor, Road No. 14, Banjara Hills, Behind RK Complex, Hyderabad, Telangana - 500034 Rep. by its Director and.;Shareholder, Shri Shivraj Thakur.

2. Mohammed Akbar Pasha, S/o. Late Sri Mohammed Naseeruddin, Aged about 69 years, Occ. Service Abroad, Fl/o. H. No.6-3-2521117/1, Road No. 1, Banjara Hills, Adj. Taj Deccan, Erramanzil Road, Hyderabad - 500082 Rep. by his GPA Holder, M/s. Colonial Constructions (P) Ltd.

3. Mrs. lqbal Fatima, Wo. Mohammed Akbar Pasha, Aged about 58 years, Occ. Business, R:/o. H. No. 6-3-252111711, Road No. 1, Banjara Hills, Adj. Taj Deccan, Erramanzil Road, Hyderabad - 500082 Rep. by her GPA Holder, M/s. Colonial Constructions (P) Ltd. .....PETITIONERS AND 1- The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The District Collector, Ranga Reddy District, Telangana. 3. The Revenue Divisional Officer, Gandipet Mandal, Ranga Reddy District, Telangana.

4. The Tahsildar, Gandipet Mandal, Ranga Reddy District, Telangana. 5. The Mandal Surveyor, Gandipet Mandal, Ranga Reddy District, Telangana ..,..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, Order, or Direction, more particularly in the nature of Mandamus, declaring the report of the Mandal Surveyor dt.23.12.2024 issued to the respondent No.4, as illegal, arbitrary and unconstitutional, violative of Article 3004 of constitution of lndia and against all settled principles of law and consequently set aside the same. LA.NO:1 OF 2025 Petition Under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to not to interfere with the construction works of 14 residential villas over an extent of ac. '1 .30 gts in Sy. No. 'l28 of Kismatpur Village, Gandipet Mandal, Ranga Reddy District, pending disposal of main writ petition. Counsel for the Petitioners : SRI B'VAMSHIDHAR REDpY Counsel forthe Respondents: AGP FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.732 0F 20.25 ORDER: This writ petition is filed by the petitioners seeking the declare the survey report dated 23.12.2024 submitted by the respondent No.S to the respondent No.4 as iliegal, arbitrary, unconstitutional and violative of Article 3OOA of Constitution of India and for other appropriate reliefs.

2. Heard the submissions of learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner No. 1 is a private Limited Company, incorporated under the provisions of Companies Act, 1956, and engaged in the business of construction of residential/ commercial buiidings. It is further stated that earlier when there was a dispute relating to overlapping of lands in Sy.No.37 of Himayathsagar village ald Sy.No.12g of Kismatpur village, the petitioners filed writ petition No.29607 of 2024, wherein this court without entering into the merits of the case, disposed of the said writ petition vide order dated 23.70.2O24 directing the respondents therein to conduct survey and demarcate the lands in Survey No.37 l I I I i I 2 of Himayathsa.gr Village and Survey No' 128 of KismathptLr Village' in accordance ,vith law' Till such time' the respondenl.s therein were directed rLot to take any coercive steps for demolition of 'the existing structures of the petition€rs over the land admeasuring Ac.1.30 gts in Sy.No' 138 of Kismatpur Village' Gandipet Mandal' Ranga Reddy l)istrict nor interfere with their possession thereof' Further, this (lourt made it clear that in case it is found in the survey that the constructions of the petitioners are forming part of land in Surve'I No.37 of Himayathsagar Village' the respondents therein sha1l take appropriate steps following due process; of law It is stated that in pursuance of the orders passed by this court in survey has been conducted and the W.P.No.29607 of 2024 Surveyor has submitted report dated respondent No.S-Mandal 23.12.2024 tc the respondent No'4 stating that an exlent of 378 sq.yards in S1r.No.37 of Himayathsagar Village is overla pping with the petitionerr; property in Sy'No 128 of Kismatpur Villag':'

4. The grievance of the petitioners is that prior to conducting of survey, u.i1.hout being unaware about overlapping of iand admeasuring 387 sq'yards in Sy'No'37 of Himayathsagar Village they have constructed 14 villas in Sy'No'128' It is the case of the petitioners 1-hat they are taking steps to regolarize tn" "'UO]al': -.- ' \ ( 3 tJre respondent authorities without waiting for the same, are trying to demolish the eisting structures.

5. The Special Commissioner and Director, Survey Settlements and Land Records, of the-then combined state of Andhra pradesh, issued circular instructions vide Circular Rc.No.N 1/ 6543/99 dated

25.7.2OO1 on demarcation of land on the petitions hled by private parties. After addressing the history of the procedure regarding conducting of survey, in paragraph_4 the Commissioner issued instructions for strict compliance by the Mandal Surveyors and other higher officers concerning survey and settlement. As per these instructions, demarcation of the private land should be entertained by the concerned Mandar Revenue ofrrcer and Mandal Surveyor should conduct demarcation after seeking written approval from the Mandal Revenue Ofhcer concerned. If aggrieved by the proceedings of the Mandal Surveyor, the remedy of First Appeal is provided to the Revenue Divisionat Ofhcer. On entertaining such appeal, he may order for demarcation by Deputy Inspector of Survey of his office. Against the said survey proceedings of the Deputy Inspector of Survey, remedy of Second Appeal is provided to the Assistant Director for demarcation by Inspector of Survey of District Maintenance Unit. Further appeal is provided to the Assistant Director of Survey and Land Records of the concerned 4 District praying to conduct demarcation by himself' Paragraph 5 of the circular ir: structions mandates that along with his appeal petition, the appellant should enclose necessary documents' details of demarcatiorL done by the lower functionary and remit the prescribed fee. Paragraph 6 of the circular instructions provides 90 days time to Prefer aPPeals'

6. Admittedb', in compliance of the order dated 23'lO '2024 passed by thir; Court in W'P'No 29607 of 2024' the rerspondent- authoritieshavefoilowedtheprocedurecontemplatedunderlaw and conductecl survey and the respondent No S-Mandal Surveyor has submittecl report d'ated' 23'12'2024 to the respor'denl No'4 stating that arL extent of 378 sq yards in Sy No 37 of Himayathsagar Village is ovcrlapprng with the petitioners property in 51' No 128 of Kismatpur Village. If the petitioners are aggrieved with the survey report being l;ubmitted by the respondent No'S-Mandal Surveyor' they are entitled to h1e First Appeal on the fi1e of the concerned Revenue Divir;ional Oflicer' On entertaining such appeal' he may order for demarcation by Deputy Inspector of Survey of tris office' In view of the alcernative and efficacious remedy being avarlable to the petitioners, the present writ petition hled by them challenging the survey report submitted by the respondent No 5 to the respondent No.4 is misconceived and liable to be dismissed' ) 5

7. Accordingly, this writ petition is dismissed. However, the petitioners are at liberty to hle First Appeal before the concerned Revenue Divisional Ofhcer, challenging the survey report dated

23.12.2024 submitted by the respondent No.S-Mandal Surveyor, in accordance with law, if they are so advised. Miscellaneous petitions, if any pending in this writ petition shall stand closed. No costs //TRUE COPY// SD/-A.V.S. PRASAD ASSISTANT EGISTRAR S TION OFFICER Hyderabad. [OUT] . Two CCs to GP FOR REVENUE, High Court for the State of Telangana at . One CC to SRI B.VAMSHIDHAR REDDY, Advocate [OPUC] . Two CD Copies To 1 SA BS k u C.C. TODAY ATSE1 FT q ) L) I1 1 l { HIGH COURT DATED:0810112025 ORDER WP.No.732 ot 2025 DISMISSING THE W.P WITHOUT COSTS. 6