Basupally Nagamani v. State of Telangana

Smt.Tatlepally Rajini, D/o. Late Pulimamidi Arlallesham W/o. Srinivas, aged about 44 years, Occ Housewrfe, Ryo. H.No.2-6-83, Weekly Bazar, Nizamabad Town, Nizamabad District. Pulimamidi Naveen, S/o. Late Pulimamidi Mallesham, Aged about 43 years, Occ. Business, Fl/ o. H.No.4-3, Shivampet village and Mandal, Medak 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in not conducting the survey as per the online application in Transaction lD No. TTDER022100625534 dated 26.03.2021 and also as per the notice issued by the 4th respondent in File No.C/218612021 dated 08.07.2021 with regard to the land in Sy.No.571 /A to an extent of 4c.O.21, Sy.No.571/AA to an extent of Ac.0.20 gts, Sy.No.571lE to an extent of Ac.2.00 gts, Sy.No.571/EE to an extent of Ac.2.00 gts, Sy.No.575/AA to an extent of 4c.2.12 gts, Sy.No 575/4, to an extent of Ac.4.22 gts, Sy.No 580/A to an extent of Ac.1 .24 gts, Sy.No.58'l/A to an extent of Ac.1 .23 gts, and Sy.No.58.1/AA to an extent of Ac.1.08 gts total admeasuring an extent of Ac.16.io gts situated at shivampet village-l and lrrlandal, IVedak District as ilegar, arbitrary and consequently direcl the respondents 2 to 4 to conduct survev forthwith. lA NO: 1 OF 2024 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 2lo 4 to conduct survey as per the online application in Transaction lD No. TlDER0221oo62ss34 dated 26.03.2021 and atso as per the notice issued by the 4th respondent in File No.c/2 18612021 dated 08.07.202.1 with regard to the land in sy.No.571lA to an extent of Ac o.21, Sy.No.571/AA to an extent of Ac.0.20 gts, Sy.No.57'liE to an extent of Ac.2.O0 gts, Sy.No.571lEE to an extent of Ac.2.00 gts, Sy.No.575/AA to an extent of Ac.2.12 gts, Sy.No.575/A, to an extent of Ac.4.22 gts, Sy.No.SB0/A to an extent of Ac.1 .24 gts, Sy.No.581/A to an extent of Ac.1 .23 gts, and Sy.No.5gliAA to an extent of Ac.1.08 gts total admeasuring an extent of Ac.16.10 gts situated at shivampet Village-l and Mandal, A,4edak District forthwith, pending disposal of the Writ Petitio n. Counsel for the Petitioner: SRI S.V.RAMANA Counsel for the Respondent No.1 to 4: Gp FOR REVENUE Counsel for the Respondent No.S & 6: SRI ERANKI PHANI KUMAR The Court made the following: ORDER ,"y HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1187 OF 2o24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief "... to issue a utit of mandanLus or anA otlrcr apPropiate urit or dtrection declaring the action of the respondents in nol cotlducting the surueA as per the onlute opplicatton ir 'l'rqnsoctiort ID No. 'I-TD8R022100625534 dated 26.O3.202) ctnd also cls per the notice issued bg the 4th re sponde nt in F-ile No. C / 2 1 8(t / 2 02 I dr ( erl O 8. A 7. 2 02 I Lutth regqrd to the lanci in Sy.I{o.571/A to an extetlt of t\cO.21 gls, Sg.No.571/AA to an ertellt oJ Ac.O.20 gts, St1.No.57)/E to an7 oJ' Ac.2.OO qts, Sy.No.571/DE to an extent oJ Ac.2.00 gts, Sa.No.575/AA to an extent of Ac.2.12 gLs, Sg.No.575/A, to atl exlent oJ Ac.4.22 gts, Sy.No.58O/A to an ertent of Ac.1.24 gts, Sy.No.581/A lo Qn extetll of Ac.1.23 gts, and SA.No.581/ AA to an extent of Ac.1 .08 gts tolal odrneasuing an ertent of Ac.16.10 llts situoted et Shruailpet Village-l arrcl lt'lqrtda|, Medqk Distict as illegat, arbttrary and consequerttlA dire.ct the rcspondent Nos.2 to 4 to conduct surueV forThutith and pass suclt olher ot furlher orders..." "xtent

2. It is stated that the petitioner is Lhc owner and possessor of lands in Sy.No.57 l/A to an cxtent of'Ac.0.21 gts, Sy.No.57l/AA to an extent of Ac.0.2O gts, Sy.No.571/E to an extent of Ac.2.00 gts, Sy.No.571/EE to an extent of Ac.2.00 gts, Sy.No.575/AA to an extent ol Ac.2.12 gts, Sy.No.575lA, to an extcnt of Ac.4.22 gts, Sy.No.580/A to an extent of Ac.I.24 gts, Sy.No.581/A to an extent of Ac.1.23 gts, and Sy.No.S8l/AA to an exlent of Ac. 1.08 gts, total admeasuring Ac.16.10 gts situated at Shivampet Village-l and Mandal, Medak 2 'irrer District, havine purchased the same from thc grandmother, lathcr and brothers .f respondent No.5. It is further stated that name of the petitioncr u,,i1s mutated in the revenue records zrncl s}.rc u,as also issued pattad.rr passbooks in her favour. While_so, thc Rcspondcrrt No 5 filed a,^rtition suit vide o.S.No.I rr/2o21on the firc of Junior Civil Judgc at Narsapur, Medak District, agalltst t he petitloner (defendanl No.6 in the suit), her vendors and olhcrs and thc same is pcnding for :rdjudication. It is further stated that the petitioner made an or-rline apprication on 26.o3.2o2r Tr-ansacLion ID No.l'TDtrRO2? i00625534 seeking to conduct surr.,<:y ol thc sub.ject lands and in pursuan<:e of the same, the responclent No.4 issr.tcd notices to thc adjacent owners vide File No.C/21g612021 d,ated Oa.O7 .2021 fixing the date of survey on 16.0T.2O,.a1 at 1 1.OO AM but no survcy uas conducted on that day on thc grouncl lhat the Respondent Nos.5 and 6 filed objections stating that on thc subject propcrty a suit vide O.S.No. tI1/2O21 is pendrng on thc filc of learncd .Junjor Civil ,Judge at Narsapur. It is thc case of the petitioner tl.ta t mere pcndency of civil suit cannoL lre a grounrl lor not conducting survey and therefore, the petitioner praye<l this Court to dirccl- the respondent Nos.2 to 4 to conduct survey o1- the subject lands as per. [he onlinc application dated 26.O3.2O21and also as per the notice dated 08.07.202 1 issued by the responde nt No.4. ,aZ.-. I I i J

3. Sri Eranki Phani Kumar, Iearned counsel for [he respondent No.5 relying upon countcr affidavit of the respondent No.5 has submitted that disputing the right and entitlement o[ the petitioner over the subject property and other properties, the rcspondent No.5 has iiled a suit for partition vide O.S.No. lll of 2O2l on the {'ile of learned Junior Civil Judge, at Narsapur, Medak Distric[, against his family members, respondent No.6, pctitioner and her husband. It is lurthcr submitted that in the said suit, the respondent No.5 also obLained lcmporary injunction in I.A.No.271 of 2021 not to alienate Lhe suit schedule property. IL is also submitLcd thaL the petitioner hcrein had filed I.A.No.65 1, of 2O2f in the said suit seeking to reject thc plaint and the same \ ras dismissed by the trial Court vide order dated 20. ll.2023 and the said fact is suppressed by the petitioner. It is furLher submitted that while the suit is pcnding before the Civil Court, whcrein the temporary injur-rction ordcr was granted in favour of respondent No.5, the petitioner cannot file an application belore the revenue authorities seeking to conduct survey of the subject lancls. Thus the learned counsel prayed this Court to dismiss the rvrit petition. 4- [n vicw of the above, there arc serious disputes between the parties with regard to identihcation and localization of the subject Iands. Since lt is stated that the respondent No.6 has filed a suit vide I I 1 O.S.No.7l1 of 2021 on the file of Junior Civil Judge, at Narsapur, Medak District against the petitioner herein and others ancl the same is pending for adjudication, this Court without going into the merits ol thc case, dcems it appropriate to disposc ol the u,rit pctition rclcgating the pctitioner to llle an appropriatc application belore the Civil Court sc,eking to conduct survey of thc subjcct lands. In thc event of filinp1 such application, the trial Court shall cxamine the same and pass appropriate ordcrs, in accordancc u ith larv.

5. Accorclingly, this Writ Petition is disposed oi As a sei 1ucl, the miscellaneous petitions pencling, if any, shall stand closed. No order as to costs //TRUE COPYi/ p SD/.MOHD. ISMAIL REGISTRAR ION OFFICER To, 1 2 3 4 6 7 The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana The Commissroner and Director of Survey and Land Records, Government of Telangana Hyderabad. The Tahsildar, Shivampet f\rlandal, IVledak District, T.S. The l\rlandal Surveyor, Shivampet Mandal, Medak District. One CC to SRI S.V.RAiI/ANA, Advocate IOPUC] One CC to SRI ERANKI PHANI KUIVAR, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies 8 BSR GJP HIGH COURT DATED:0510212025 ih: .) f.rl i)i' 'i 11 jttl 2m 71", .L l ORDER WP.No.1187 ol 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \\ w