The High Court · 2025

...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 an appropriate writ or direction, more particularly a writ in the nature of Arlandamus declaring the proceedings dt 5-1 1-2022 issued by the 3rd respondent is illegal, arbitrary and u nconstitution a I and consequenfly direct the respondent Nos 2 and 3 pursuant to the application dt. 25-3-2022 to conduct survey and demarcate the schedule property over the land admeasu ring Ac 2-17 gts in sy No 555/A/1/1 situated at Mahaboobnagar vifiage, Mahaboobnagar Urban lrrlandal, N/lahaboobnagar District + lA NO: 1 OF 2023 Petition under Section 15'1 CPC praying that in the; circumstances stated in the affidavit filed in support of the petition, the High Cc,urt may be pleased to issue interim directions to the respondents No. 2 and 3 to forthwith conduct the survey and demarcate the schedule property pursuant to the application dt 25-3- 2022 i.e land admeasuring Ac 2-17 gts in Sy No 5551F./112,555iAl1/'1 situated at Mahaboobnagar Village, I\rlahaboobnagar Urban Mandal, [t/ahaboobnagar District, pending d isposal of the writ petition Counsel forthe Petitioner: SRl. J.T. SIVA SESHU REP SRI RAJAGOPALLAVAN TAYI Counsel for the Respondent Nos. 1to4: GP FOR REVENUE Counsel for the Respondent No.S: SRI N. RAVI + The Court made the following: ORDER ,ffirEryz .,.PJ _ ./ THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY IVRIT PETITION No.1554 of 2o23 ORDER This Writ Petition is filed declaring the pror:eedings dated

05.11.2022, issued by the respondent No.3 as illegal, arbitrary and unconstitutional and consequently direct respondent Nos.2 and 3 to conduct survey and demarcate the land of the petitioner admeasuring Ac 2.77 guntas 1n Survey No.555/A/ 1/ 1 situated at Mahaboobnagar Village, Mahaboobnagar Urban Mandal, Mahaboobnagar District, pursuant to the application of the petitioner dated 25.O3.2022.

2. Heard Sri J.T. Siva Seshu, representing Sri Rajagopallavan Tayi, learned counsel for the petitioner on record, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and Sri N. Ravi, learned counsel for respondent No.5'

3. The brief facts of the case are that the petitioner is the owner and possessor of the land admeasuring 4cs.2.77 guntas in Survey No.555/A/1/1 situated at Mahaboobnagar Village Urban Mandal and District ( for short the subject property') and Itt petitioner was issued digital Patteedar Passbook and 7 i.a :a: ",i title deeds in respect of the subject property. It is further submitted that the petitioner made an i qrplication on

25.03.2022 vicle application No.AODO222OOO40353 through Mee Seva for survey of petitioner's land a nd also for demarcation, bv paying requisite charges. [1owever, the respondents did not consider the said applicatior,. Therefore the petitioner was constrained to file WP.No.27157 o: '2022 and this Court vide order dated 28.06 .2022 disposed o ' the sard writ petition directing the 3.d respondent herein to cousider the application submitted by the petitioner. IJowever, the respondents did not conduct an]. survey and instead rejected the application of the petitioner vide procer:dings dated

05.11.2022 basing on the representation submitred by the gttr respondent that a suit in OS.No. 180 of 2O l9 is pending. Aggrieved by the sarne, present r,",rit petition is filcct.

4. Learned Counsel for the petitioner vvoul l submit that subsequent to filing of this writ petition, suit filed by the petitioner vide OS.No. 180 of 2019 was dismissed vide order dated 06.03 .2025 and therefore there is no otrstacle for the oflicials respondents to undertake survey of lhe petitioner,s land, and thus prayed to ailow the writ petition w 3

5. Per contra, learned Assistant Government Pleader for Revenue would submit that the application filed by the petitioner was made prior to the disposal of the suit, and in view of the pendency of the said suit, the official respondents couid not undertake the survey and demarcation of the subject land. Now, since the said suit has been dismissed as contended by the petitioner, the respondents may be directed to submit fresh application in the prescribed format under the Telangana Bhu Bharati (Record of Rights in Land) Act, 2024, through the online porta-l and on such submission, the respondents will consider the same ald take necessary action, if reasonable time { I is granted.

6. Considering the submissions of the learned counsel for the petitioner as well as Iearned Assistant Government Pleader for Revenue, the petitioners are directed to submit fresh application as per the prescribed format under Telangana Bhu Bharati (Record of Rights in Land) Act, 2024, through online portal and on such submission, the respondents shall consider the said application and pass appropriate orders, strictly in accordance with law, by duly giving notices to petitioner as well 4 ,.iii g as affected parties, n ithin a period of two month:; from the date of submission of application by the petitioner. 7 . Accordingly, writ petition is disposed of. There shall be no order as to costs Miscellaneous petitions pending, if anr , sh all stand c1o sed. To, -SD/-C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Hyderabad. [t/ahaboobnaqar District. 1 The Principal Secretary. Revenue Department. Secrt,tarrat T S..Hyderabad 2 The Commissioner anoorrector sieiiffi;;[S;#y and Land Records, 3 The Assistant Director, Survey and Set ement Recorcis Defrartment 4. The Tahsildar. Mahaboonag-a.r UIban Mandal tVlahaboobnagar District. 5 one CC to SRt RAJAG_oiALLAVnrrr'lavr .[,i"o3rtu 1onuc1 6 Two CCs to Gp FOR REVENUE ,n,rjn C"rri i"iiiu .,trt. of Tetangana at - Hyderabad [OUT] / One CC to SRI N. RAV|, Advocate [OpUC] 8 Two CD Copies o B l\i4 € i, ; HIGH COURT DATED:1810812025 i i I I i I I t I i I ORDER WP.No.1554 of 2023 ) .I t, 1r.o ( <J^ 31 0[I 2pp r) ./ 'ri i'i +, ,,'l '/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{ 6o -Lt