High Court · 2025
Case Details
1. Smt. Yaddanapudi Seethamahalaxrni, Wo Late Yaddanapudi Surya Prakasa 2. Yaddariapudi Lakshmi Rajender, S/o Late Yaddanapudi Surya Prakasa Rao, Rao, Aged 74, Occ- Household. Aged 48, Occ. Business. Both are R/o LIG 179, Alkananda Colony, Cantonment, Vizianagaram' A.P- 535003.
3. Smt. Yaddanapudi Vijayalakshmi, Wo Karra Ravi Shankar, Aged 52, Occ. Govt. Employ, Rl/o Plot No.'14, Alkananda Colony, Cafttonrnent, Vizianagaram, A.P- 535003. 4. Smt. P-uwada Malathi, Wo Puwada Gopala Krishna, Aged 51, Occ. Advocate, R:io H.No.5-4-79l62, Subadra Nagar, Vanasthalipuram, Ranga Reddy District, Telangana - 500 070.
5. M/s i0O0 Pillars Constructions, Rep. by its Managing Partner Sri.Kaleru Ravinder, Having its office at Flat No.403,1000 Pillars Happy Homes-Apts, New Cyber Valley, New Hafeezpet,Near World One Scholl, Kondapur, Ranga Reddy District.Telangana. Petitioners 1 to 4 Rep. by their GPA Holder Sri,Kaleru Ravinder S/o K.Parasuramu Flat No.403,'i000 Pillars Happy Homes Apts., New Cyber Valley, New Hafeezpet,Near World One Scho{|, Kondapur, Ranga Reddy District'Telangana ...pETlroNERS AND 1. 2 3 4 q 6 The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Medchal Malkajgiri District,Malkajgiri. The Tahasildar, Medipalli Mandal, Medchal Malkajgiri District. The Peerzadiguda Municipal Corporation, Rep. by its Commissioner, Peerzadiguda, Hyderabad. Maryala Sandeep, S/o Maryala Ahok Maryala Nagajyothi, Wo Maryala Sandeep Respondent No.5 and 6 Rep by its DGPA M/s Vasavi Constructions, through its Managing Partner, havini; its office at Flat No.206, lllrd Floor, Supraja Nilayam, besides Uppal Metro Station, Hyderabad ...RES'ONDENTS 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 an appropriate writ or direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondents in not conducting survey, demarcate and fix the boundaries of Plot No.35B and 30'road the inaction of Respondent No.4 against the Respondent No.5 and 6 for the deviations including the encroachment of 30'feet Public road at northern side of Plot No.384 is illegal arbitrary and unconstitutional and thereby direct the Respondent No.aJ to conduct survey and demarcate the 30' road and fix the boundaries to Plot No.358 and consequently direct the respondent No.4 not to issue occupancy ,:edificate to Respondent No.S and 6 lA NO: 1 OF 2o2s 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 Res p9ndent No.4 not to issue occu No.5 and 6 pending drsposal of the writ petition certificate to NC Counsel for the Fretitioner: SRI. KRISHNA PRASAD MARELLA Counsel for the Respondent Nos. 1to3: GP FOR REVENUE Counsel for the Respondent No.4: SRI P. KRISHNA REDDY Counsel for the Respondent Nos.5&6:- The Court made the following: ORDER HON,BLE SRI JTISTICE C.V. BHASKAR REDDY UIRIT PETITION No.1404 of 2025 ORDER: This writ petition is hled praying this Court to declare the inaction of the respondents in not conducting survey, demarcating and hxing the boundaries of Plot No'358 and 30' public road' situated at Medipally Village and Mandal' Medchal-Malkajgiri district, as illegal and arbitrary and for other appropriate reliefs' It is stated that one late Yaddanapudi Surya Prakasa Rao 2. purchased plot No.358, in Sy'No'44' 45 and 46' to an extent of 4L6.67 sq. yards, situated at Medipally Village and Mandal' Medchal-Malkajgiri district from Postal Audit O ftice Co-operative Housing Society Limited under a registered sale deed bearing documentNo.136o/1971,dated17.o8.|g7|leavingbehindthe petitioner Nos. I to 4 as his legat heirs' It is further stated that to 4 entered into registered development petitioner Nos. I agreement-cum-GPA with respondent No'5'
3. A careful examination of the sale deed bearing docurnent No. 1360 of L97 | reveals that Yaddanapudi Surya Prakasa Rao has purchased open plot located in various survey nurnbers' It is not the case of the petitioners that the subject property is agricuttura! ., CVBR. J Wp 1408 2025 land and that they paid stamp duty or registration fees on acre basis. The schedule of property in the sale deed establishes that the nature of the property is an open plot, admeasuring 416-62 square yards. 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 Fasti (Act No. VIII of 1317 Fasli), the Telangana Survey and Boundaries Act, 1923, and the Rules framed thereunder. The Government has rssusd va-iolts ciicu specifying the conditions for conducting surveys, particularly F-Line (field measurement) sr.trveys. Individuals requesting such surveys are required to submit specific documents, and if the conditions sdpulated in the circulars are fulfilled, the survey and boundary fixation may be conducted. The Commissioner, Survey, Settlements, and Land Records, exerqising powers under the Telangana survey and Boundaries Act, 1g23, issued re levant circulars from time vide Rc.No.Nl/6543/99, dated 2S.OZ.2OOt, Rc.No.Nl/ l4O8/O7, dated 13.07.2OO7, and Rc.No.N2/ tZ4t/2OtO, dared t8.0S.2OtO stipulating thc conditions for conducting survey of private lands. The said Circulars outline that only agricultural lands are eligible for survey by the Survey Department. [n contrast, individuals eqrning plor,s within approved [ayouts, m un icipali l_ies, Gram J CVBR. J Wp_tao8 2025 Panchayats, or Municipal Corporations are required to engage Licensed Surveyors appointed by the Government for such surveys' as these lands are no longer considered agricultural' In the instant case, the petitioners' land is clearty identif ied as open plot but not agricultural land. Since the petitioners' property is not agricultural land, the Survey Department has no jurisdiction to conduct F-Line Survey as per the Circulars issued by the Commissioner' Survey' Settlements, and Land Records' For the aforesaid reasons' this Writ Petition is devoid of merits and is liable to be dismissed'
4. Accordingly, this Writ Petition is dismissed ' However' the petitioners are at liberty to take the services of licensed surveyor for conducting the survey of their property i'e'' open plot' if they are so advised. As a sequel, the miscellaneous petitions pending' if any' shall stand closed. There shatl be no order as to costs' //TRUE COPY// S D/. L. LAKSHMI BABU ISTANT RE GISTRAR SECTION OFFICER
1. One CC to SRl. KRISHN A PRASAD MARELLA, 2- Two CC. to CP FOR REV ENUE ,Hig h Court for the State of Telanga na at . KRISHNA REDDY' Advocate IOPUCI P vocate IOPUCl rabad I CC to SRl. CD CoPies 3 4. Hyd e One Two BM GJP \ To, 9\ HIGH COL'IR'T DATED:2010112025 ORDER WP.No.1408 of 2025 ot( 1HE s l4 ir' ,i - tfrrur * CHEO a 2 DISMISSING THE WRIT PETITION WITHOUT COSTS