The High Court · 2025

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, order or direction more particularly one in the nature of the Writ of ltilandamus, declaring the action of respondent -7 authorities, particularly respondents. No. 3 to g, in interfering into the petitioners peaceful possession and enjoyment and in an attempt to conduct survey and disturb the boundary stones in respect of House prot in in Document. No. 1922 of 2018, dated. 19109t2o18 in sy. No. 890/AA, extent to 242 sq. yards, situated at Tallada Village anc Mandar, Khammam District, under the jurisrJiction of Kaflur sub-Registrar officr>, Khammam District, without notice, without any right, without jurisdiction and in contrary to the commissioner, Survey, setflements and Land Records, circulars issued in exercising powers under the Terangana survey and Boundaries Act, '1923, from time to trme vide (i) RC. No. N1/6543 of 1999, Dated. 25-07-2001 , (ii) RC No. N1/1408 of 2007, Dated. 13_07_2007 and (iii) RC. No. N211741 o't 201o, t)ated. 1B-05-2010, stipurating the conditions for conducting survey of private lards and order in writ petition. No. 33264 oI 2024, Dated.27- 11-2024 as illegar, arbitrary, against the principres of naturar justice. consequently to ciirect the respondents. No.3 to g, not to inierfere into the petitioner's peacef :r possession and enjoyment and not to cond -rct survey and disturb the bounda.y stones in respect of House prot in in Document. No. 1g22 of 2018, dated. 19-09-11018 in Sy. No. 890/AA, extent to 242 sq yards, situated at Tallada Village anrJ r\rrandar, Khammam District, under the jurisdiction of KaIur Sub-Registrar office Khammam District, without notice, without any right, without jurisdiction and in r:.ntrary to the commissioner, Survey, setflernents and Land Records, Circulars issued in exercising powers under the Telangana Survey and Boundaries Act, 192:t, from time to time vide (i) RC. No. Ni/6543 of 1999, Dated. 2s-O7-2001, (ii) RC No. N1/.1408 of 2007, Dated. 13_07_2007 and (iii) RC. No. N211741 of 2010. f ated i 8-05-2010, stipurating the conditions {or conducting survey of private rancrs and order in writ petition. No. 33264 of 2a24, Dated.27- 11-2024 and pencling disposal of the writ petition. IA NO: 1 OF 2025 Petition under liection 151 cpc praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the respondents. No. 3 to 9, not to interfere into the petitioner's peacefur possession and enjoy,ment and not to conduct survey and disturb the boundary stones in respect of lrouse prot in Document. No. 1922 0f 201g, dated. 1g-09- 20'lB in sy. No. 890/rrA, extent to 242 sq. yards, situated at railada Viilage and Mandal, Khammam District, under the jurisdiction of Kallur Sub-Registrar Office, Khammam District, without notice, without any right, without jurisdiction and in contrary to the Commissioner, Survey, Settlements and Land Records, Circulars issued in exercising powers under the Telangana Survey and Boundaries Act, 1923, from time to time vide (i) RC. No. N1/6543 of 1999, Dated.25-07-2001, (ii) RC. No. N1/1408 of 2007, Dated. 13-07-2007 and (iii) RC. No N2/ 1741 of 2010, Dated. 1B-05-20'10, stipulating the _conditions for conducting survey of private lands and Order in Writ Petition. No. 33264 of 2024, Oated.27-11-2024, pending disposal of the writ petition. Counsel for the Petitioner : SRI CHALAKANI VENKAT YADAV Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER .-- / HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.267 O of 2o25 ORDER: It is stated that the petitioners are the absolute tu,,ners and possessors cl' House plot admeasuring an extent of .242 square yards in Sy.Iio.ggO/AA situated at Tallada Village arrd Mandal, Khammam I)istrict, having purchased the same througl L registered sale deed bearing document No.1922 of 201g dated 19.0().201g and the namcs of the petitioners vendors and predecessors.in interest were also mr-rttted in all the revenue records. The grrcr.irnce of the petitioncrs is that without following the due process cl. larn, and r.l'ithout issuiel. anv notice to them, disputing the bounclaries of the said property, the respondent_authorities are frequently :nterfering with their possr:ssion and are making efforts to conduct slLlvey. 2. Sri Chalakani Venkat yadav, learned counsel for the petitioners subrritted that after purchasing the said prolterty, the petitioners ha,,e obtained necessary permissions 1.rom the re sponden t-:ru tltori ties for constrLrction of dwelling units; and the action on thc part ol respondent Nos.3 to 9 in inLcrfering w.ith the possession of the petitioners, without following due process of law, is illegal and violation of principles of natural justice. 2 Learned Assistant Government Pleader for Revenue appearlng 3. for the respondents, contended that the lands purchased by the petitioners in Sy.No 89O/AA are abutting to the lands in Sy No 757 of Edurala Cheruvu and to localize the lands forming part of Ful1 Tank Level (mL) of Edurala Cheruvu' the respondents are proceeding to conduct survey as to whether any constructions raised are forming part of Edurala Cheruvu' as depicted in the village revenue map prepared under the provisions of the Telangana Land Revenue Act, 1317 Fasli' If the respondents are disputing that the lands of the 4. petitioners fa1l within the Full Tank Level (FTL) of Edurala Cheruvu' issue notices to the petitioners and other they have to interested / effected parties, who are in occupatton over the said lands. It is evidenl that the respondents have not issued any notice to the petitioners and to the interested parties for conducting the survey. Without issuance of notices' the respondents do not have any power or authority to conduct a survey for identification and .lands which are localization of the lands, more particularly the seized to be the agricultural lands 5. This Court has carefully examined the contentions of the iearned counsel for the respective parties Prima facie it appears from the record that the petitioners have purchased the House Plot 3 admeasurirlfa an extent of 242 square yards in S,g.No.g90/AA situated at Tailacla Viltage and Mandal, Khammam Dist.rict, through registered sale deecl bearing document No.1922 of 2O1g dated 07.08.2018 and the petitioners vendors names are recorded as pattadars as per the provisions of the Telangana Rights in Land ancl Pattadar Pasr; Books Act, 1971 (for shortthe Act, 1971].

6. It is the contention of the learned Assistant (]overnment Pleader for I?cvenue that the lands purchased by the peritioners are abutting to ttLe lands forming par[ of FTL of Edurara c]_reruvu and survey is reqr_rired to be conducted for lixation of FTL of the said tank and for removal of the encroachment. Whatever mury be the laudable objer:t of the State and its authorities for removal of the encroachments forming part of tank beds, before initia ting action for removal o. such alleged encroachments, the respondents are bound to issue notice by following the principles of natural justice.

1. In view of the said submissions, this Court is of the opinion [hat ends of justice would be met if the respondents are <iirected to issue notice :,o the petitioners and other interested parties before conducting survey of Lhe lands either in sy.No.757 or thr: abutting lands in Sy.No.g9O/AA situated at Tallada Village and Man dal, Khammam Dis;trict and after considering the object:ons and documents en c [o sed by the petitioners in support oi. thr:ir claim, I I 4 take appropriate steps in accordance with law' After conducting the survey, if it is found that the constructions raised are forming part ofF.TLofEduralaCheruvuasdepictedinthevillagelevenuemap, the respondents are at liberty to follow due process of law for removal of the encroachments' I With the above observations this Writ Petition is disposed of No order as to costs As a sequel, the miscellaneous petitions pending' if any' shall stand closed //TRUE COPY// SDI T. TIRUMALA DEVI ASSI TANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue Department' Secretariat' State of 2. The Commissioner, Survey and Land Records' State of Telangana' Telangana, HYderabad' Hyderabad. oiietjngana, HYderabad'

3. The District Collector, Khammam' Khammam District' 4. The Revenue Divisional Officer' Kallur' Khammam District' 5. The Tahsildhar, Tatlada, Khammam District' 6. The Assistant Director, Survey and Land Records' Khammam District' State " 7. The lnspector of Survey and Land Records' Khammam District' 8. The Deputy lnspector, Survey and Land Records' Tallada ttilandal' Khammam 9. The tr,4andal Surveyor, Tallada Vlandal' Khammam District' 1O.One CC to SRt CHALAKANI VENKAT YADAV' Advocate [OPUC] 11.Two CCs to GP FOR REVENUE' High Court for the State of Telangana' District. Iour]

12. Two CD CoPies s BSK GJP t I I CC TODAY HIGH COURT DATED:0410212025 -, t: oF Te r)'' v .:> ^.$!\ ,k {' O (t ""'- ORDER WP.No.2670 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS zl."rCc'r'9 tt2I \_-/ t lO K