The High Court · 2025

Petition under Article 226 of lhe 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 one in the nature of WRIT OF MANDAMUS to declare the Survey Notice in File No. A5168912020, dated 29-01-2021 in conducting of the survey over the land in Sy.No.111 of Shayampet village, Kazipet Mandal, Warangal District, by fixing date of survey on 03-02-2021 at 1 10 clock pending OS. No. 1 087 of 2020 on the file of Vl Additional Junior Civil Judge, Warangal as illegal and arbitrary, null and void and against the provisions of i:he survey settlement and land records Act and the same may be set a side. lA NO: 1 OF'tiO21 Petitior 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 4th Respondent not to proceed with the conducting of survey over the land in Survey No. 1 11, Shayampet village, Kazipet Mandal, Warangal District in pursuance oI the Notice File No. 45168912020, dated 20-01-2021, pending finalization of the above writ petition. lA NO: 1 OF 2023 Between: Akula Nagaraju, S/o. Venkataiah, Age. 56 years, Occ. Business, R/o. H.No. 1- 1-259141105,100 ft Road, PGR Gardens, Waddepally, Hanamkonda, Warangal City And District. ...PETITIONER/RESPONDENT NO.5 AND

1. 2 Pinnoju Ravinder, S/o. P. Yadabrahmam, Aged about 52 years, Occ. Private Employ:e, R/o.H.No.23-6-1 13/2, Hunter Road, Shayampet village, Kazipet Mandal, Hanamkonda, Warangal District. Pinnoju Surender, S/o. Yadabrahmam, Aged about 5'l years, Occ. Gold Smith, R/o.H.No. 23-6-11312, Hunter Road, Shayampet village, Kazipet Mandal, Hanamkonda, Warangal District. ...WRIT. PETITIONERS/RESPONDENTS

3. The Stat:e of Telangana, Rept. by its Principle Secretary, (Revenue Departnrent), Secretariat, Hyderabad.

4. The Cornmissioner, Survey and Seftlements and Land records, For the State of Telangana at Hyderabad.

5. The District Collector, Warangal, Warangal District. 6. The Assistant Director, Survey and Land Records, Warangal Urban, Warangal District. ...RESPONDENTS -a- 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 Vacate the Interim Order dated 10.02.2021 passed in l.A. No: 1 of 2021 in W-P. No. 2453 of 2021and dismiss the above Writ Petition with costs. Counsel for the Petitioners: SRI J. KANAKAIAH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.S: SRI ASHOK REDDY KANATHALA The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.2453 0F 2021 ORDER: t his Writ Petition is filed under Article 226 of the Const.tution of India, seeking the following relief: '...to i.ssue a wit, order or direction more particularlg one in the nahtre of uit o;f mandamus to declare the surueA notice in File No.AS/ 689/ 2020, dated 29.01.2O21 in conducting of th.e surueg ouer the tand. in S'A.No.111 of Shagampet uillage, Kazipet Mandal, lVarangal Di"strict, bg fixtng date of suruey on 43.02.2021 at 71'o clock pending O.S.No.1O87 of 2O2O on the file of W Additional Junior Ciuil Judge, Warangal as illegal and arbitrary and null and uoid and against tle prouisions of the suruey settlement and. land. records Act artd the same mag be set asid.e and. pass such order or orders...".

2. The bief facts of the case are that the petitioners, father purchased 2OO squa_re yards of open plot in Sy.No. 110 of Shyampet Revenue Village through registered sale deed No.3637/ L992, dated 09.09.1992. Out of the said. land, an extent of 5.56 square yards was affected by road widenirrg, leaving a balance extent of 194.44 square yards. Respor:.dent No.5 claims to have purchased 123.66 and 2 Et/4t wP 2453 2021 -

618.33 square yards of vacant land in Sy.No.lIl/I at Shyampet Village and alleging interference with his possession he filed O.S.No.1O87 of 2O2O before the VI Additional Junior Civil Judge, Warangal, seeking permanent injunction against petitioners No.1 and others.

2.1. Respondent No.S falsely showed the schedule property with incorrect boundaries to claim that petitioners'propert5r is part of the vacant land which he has purchased. Noticing tlris, petitioners filed O.S.No.113 of 2O2O before the VI Additional Junior Civil Judge, Warangal, seeking declaration and injunction basing on the registered sale deed No.3637 /L992. Despite the said suit pending, respondent No.5 approached respondent No.4 to conduct a survey, who, in turn, issued notice on 31.12.2020 in File No.AS/689/2O2O. Though the petitioners informed respondent No.4 that the earlier notice dated 21.1O.2O2O issued for conducting survey was withdrawn due to the pendency of the suits between the petitioners and respondent No.S, the respondents without gling any \ 3 EV4J wP 2453 2021 responrse issued the impugned notice dated 29.O1.2021 proposi.ng to conduct survey of the land in Sy.No. i 11 by lrxing date of survey is on O3.O2.2O2I. It is further submitted that although the petitioners made a representation to the respondents requesting them not to conduct a survey over the suit schedule land, so far no action has been taken. Hence, the present writ petition.

3. tleard Sri J. Kanakaiah, learned counsel for the petitioners, and the learned Government pleader for Revenue appearing for respondent Nos. I to 4. perused the material available on record.

4. Le:arned counsel for the petitioners contends that it is an adrrLitted fact that the parties to this writ petition are also parties in O.S.No, 1087 of 2O2O pending before the VI Additiorral Junior Civil Judge. He further contends that the suit has to be decided on merits, and conducting of survey prior to its disposal would lead to further complications and litigation. Therefore, he requests that the proceedings be 4 EV4J wP 2453 2021 -- allowed to continue and further seeks indulgence of this Court to set aside the impugned notice dated 29.01.2O2L.

5. Learned counsel for respondent No.S submits that respondent No.5 also instituted a suit for injunction uide O.S.No.1087 of 2O2O before the learned VI Additional Junior Civil Judge at Warangal, seeking permanent injunction against the petitioner No. 1 and others, who are the defendants in t]:e said suit.

6. Learned counsel for respondent No.S further submits that an interim injunction has been granted in favor of the petitioners in O.S.No. 113 of 2O2O before the learned VI Additional Junior Civil Judge, Warangal. It is further submitted that if the survey is conducted by respondent No.3, no harm would be caused to the petitioners; rather, it would clariff the matters regarding Survey No.111/ 1, where the petitioners hold land, and ultimately address the counter claims of both the petitioners and respondent No.5. Hence, she seeks dismissal of the Writ Petition. 5 EW,.T wP_2453_2021

7. l-earned Additional Government pleader, representing Respondent Nos. 1 to 4, submits that as per the Survey and Bounclaries Act, requisite fee has been paid, and a survey has been sought with the consent of the respondents. Notice has been issued to conduct the survey, and the process will be carried out as per law. The survey will determine only the bounderies of the land and no harm would be caused to either Party. Therefore, he submits that the writ petitioners contention is that the survey will aJfect their rights mrsconc.eived. Hence, he seeks dismissal of the writ petition. 8. At the stage of admission, this Court passed the followinp; order on lO.O2.2O2l; 1S *;;y;::. before ad.mission retumabte in six (06) Post on 24.O3.2O21. '^'JJi!r"y"?_,sf."?!!ZT.!,!y..no:,?issuedbsthe protrosiig;";;;'r;:, nurues and Land Record.s 'y::',,1 ";f ;;;;;;;:; #:;: ;#;:, tr"X:",X response to the noti ::!::;;,,,1,:;*.u;'"7iT*'"#;{i!,i,i;?,.rf ; ""227 ."*;:Y;.'r;;;*::n tr,e zaia;"0;;n ,", obie,,ttins " ;;;: ;;""!i #1i,.;;;i1: r^ttr# \ I 6 EVr/,1 wP 2453 2021 - corlsideirlg these objedion"s on 29.01.2027, another notice was issued fixing tle date of surueA on 03.02.2021. It appears, on 03.02.2O27, surueg utas not conducted. Petitioners allege that in spite of repeated objections, the Assistant Director of Surueg and Land Records was uery keen to conduct surueA on tle subject land. Learned counsel for tle petitioners submifs that on tle subject land, O.S.No.1O87 of 2O2O is pending in the Court of W Additional Junior Ciuil Judge at Warangal, filed bg th.e person who applied for conductirLg surueA and O.5.No.113 of 2021 is filed bg tle petitioners, uthichis pending th.e same Court. Hauing regard to tte objections raised bg the petitioners and tle fact that tuo ciuil suits are pending, tle Assistant Director of Surueg and Land Records ought not to haue proceeded uithout first dealing u.titlt the objections and without taking due of tte pending suits. Balqnce of conuenience is th.e petitioner. Therefore, the Assistant Director, Surueg and Land Records, Warangal Urban, respondent No.4, is directed not to anduct surueg on land in Surueg No.ll1 of slwgampet uillage, Kazipet Mandal, until further orders.

9. From a perusal of the record, more particularly the Gift Settlement Deed pertaining to the petitioners registered as Document No.12688/2OI7 in the oflice of the Sub-Registrar, Warangal, it is evident that the petitioners have claimed rights over the propert5z in Sy.No.11O by virtue of the said deed. From the recitals in the document, it is 7 EV4J tvP 2453 202r evident that the petitioners' claim pertains to property situate<l in Survey No.110. The claim made by the responclents, however, does not relate to Survey No.110, nor does it fall within Survey No.111, as can be seen from the documents relied upon by the learned counsel for the respondents, which in fact refers to Survey No.i11/1. In these circumstances, since the Civil suits are pending between the parties, the Court concerned is directed to conduct thorough triat. The indulgence of this Court at this stage is not just and proper. Therefore, without veri$ring going into the merits of the case, this Court is of the view that the issuance of impugned notice to the petitioners is against the procedure as contemplated under law.

10. In these circumstances, this Court deems it approprirate to set aside the notice dated 29.O1.2O2 1 issued by respondent No.3. Needless to mention that this ord.er shall nc,t affect the rights of the petitioners or the respondents to pursue appropriate remedies in accordance 8 r- EW,J wP 2453 2021 witJr law, to address their grievance, if stands, strictly in accordance with law.

11. With the above observations, the Writ Petition is disposed of. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/- A.H.S.GOWRI SHANKAR AS STANT REGIST //TRUE COPYII ECTION OFFICER To,

1. The Principle Secretary, The State of Telangana, (Revenue Department), Secretariat, Hyderabad.

2. The Commissioner, Survey and Settlements and Land records, For the State of Telangana at Hyderabad.

3. The District Collector, Warangal, Warangal Dishict. 4. The Assistant Director, Survey and Land Records, Warangal Urban, Warangal District.

5. One CC to Sri J. Kanakaiah, Advocate [OPUCI 6. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

7. One CC to Sri Ashok Reddy Kanathala, Advocate[OPUCD] 8. Two CD Copies TJ PSK HIGH CCIURT DATE D : 11 210812025 ORDER WP.No.2453 ot 2021 I -'ffiffi';11* Or' r-i,:'..'r c (-l 'J 2 ? iAN 2ir2[ \ I k (^.:... _ ' t?' o )k DISPOSING OF THE WRIT PETITION WITHOU]I COSTS \\ ,.Jr'