High Court · 2025

B, Sri B, Krishnaiah, Deputy lnspector of Survey, Kandukur (Division), Ranga Reddy Qistriqt 9 Borra $gnjeeva, S1o. Borra Ramulu, Eged about 50 years, Occ.. Agriculture, R/o.H.No.2-153, Balapur Village and Mandal, Ranga Reddy District. 'l0.Bprra $rinivasa, S/o. Borra Ramulg, aged abqut 48. Oqc.. Agriculture, R/o.H Np.2.153, BalapurVillage and Mandal, Ranga Reddy District. 1 '1 . Borra Yadaiah, S/o. Borra Ramulu, aged 46 years, Occ.. Agriculture. R/o.H.No.2-153, Balapur Village and Mandal. Ranga Reddy District. -------

12.Borra Swaroopa, D/o. Borra Narsimha, aged 44 years. Occ.. Agriculture, R/o H No 2-153, Balapur Village and Mandal, Ranga Reddy District.

13. Borra Shekar, S/o. Borra Ramulu, aged about 42, Occ.. Agriculture, R/o H.No 2-153, Balapur Village and Mandal, Ranga Reddy District.

14.A. Jagan Reddy, S/o Ram Reddy, aged about 49 years, Occ Agriculture, R/o. Sultanpur Vrllage, Balapur Mgndal, Banga Reddy District. 15,A. Sriniyas Redcly, S/o Ram Reddy, aged about 47 years, Occ. Agriculture, R/o. Sultanpur Vrllage, Balapur Mandal,-Ranga Red{y Diotrict. 'l6.A, Mahipal Reddy S/o Ram Re$dy, aged about 4i years. Occ. Agriculture. R/o 6ultanpur Vrllage BSlapqr Mandal, Ranga Reddy Distnct.

17.K. Murlidhar Reddy, S/o. Not Known tg Petitioner, gged qbout 50 years, Occ. Agriculture. R/o Sultanpur Villqgg, Bqlbpur Mandql. Ranga Reddy District. '18 B. Madhu Reddy 9cc Agriculture, Qistrict. ' S/o Not Kngwn tQ the Pqtitiqner, aged qqout 47 years, R/o $ultanPur Village, Balapur: Mahdal, Ranga Reddy

19.8 Sfinivas Reddy S/o. B. Maisi Reddy, aged abgut 4g year6. Qcc. Agricul{ure, E/o Sullanpur Villpge, Balapur [vlandal, Ranga Rqdflf Diglrict, ...BE$PONDENTS Petition under Article 236 pf Ine CqOslitutipn Qt lndiq praying that in the circumstanoes stated in the affidavit filed tberEwith, the !-ligh Cgurt may be pleased to pa$s an order or direction more pgrticqtarly ppe in the nature af writ of mandamus or any other apprggriete Writ or diregtion holginS lhat the Endorsgmept issued by the RespgnCent Na 5 yide Lr.No G/3414/2024, dated 23-12-2024 is illegal, arbrtrary, motivated, rnalicious, amounts tg abuqe of the Dowerg vested in the authority, again$t the principles of the natqrql juqtice and fair lay and violatiye of the qircqlar Rc No.N1/1{08/07 dated 13.07-2Q07, also violative the provisions of Splrtting of Jeint Pattas Apt, a1d rliglativg of the provisions pf AP Qurvr-.y gnd BounflpJies Agt., 1g?3 and also violative gf Article 14, 19,21 and 300 A of Constilutign of lndiq qnd may bg plqqsed to qet qside tl-re same, by directing the Responclent No.B tO conduct thq Survey, de;narcate and split up by sub dividrng land in Sy No 51 by issuing D-Sketcfi showing the plysical diviEiqn gf Patta land of the Petitioner cqvered by Sy No 51/6a/4 to the extent qf Aq.1-00 gts siluated al Mallapur Village, Balgpur Mandal, Ranga Reddy Districl and to issue supplementary sethwai to that effect. t- I I t] lA NO: 1 OF 2025 I Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No,8 to conduct the Survey, demarpate and split up by sub dividing land in Sy.No.51 by issuing D-Sketch showing the physical division of Patta land of the Petitiqner covered by Sy No.51/&al4 to the exlent of Ac 1-00 gts situated at Mallapur Village, Balapur Mandal, Ranga Reddy pistrict and to issue supplementarY selhwar immediately, during !hq pgndencY of the writ petition Counsel for [\e Poliliongr; SRI MO,AJMAL AHME9 counsel for lhe Rqspol{ent No.'l tg !; A$P FOR REVFNUE Counsql for flle Respo4dsnt [fo.1d te 15: SRI P.9RINATH The Court mqde the following: OBQEF THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3557 of 2o25 ORDER: This writ petilion is filt:d seeking following reliet "For all the reasons stated in the affidavit herewith enclosed this Honble court may be pteased to pass an or(ler or direction more particularly one in the nature of writ of mandamus or anv other appropriate writ or direction holding that the Endorsement issued by the Re spondent No.s vide Lr.No.G/341412024' dated 23-12- 2024 is illegal, arbitrary. motivated, malicious, amounts to abuse of the powers vested in the authority, against the prrnciples of the naturaljustice and fair play and violative of the Circular Rc.No.Nl/ l4OS/07 dated l3-07-2O07, also violative the provisions of Splitting of lJoint ['attas Act. and violative of the provisions of AP Survey and Boundaries,{ct, 1923 and also viotative of Article 14, 19,21 and 30O A of Constitution of India and may tJe pleased to set aside the same, by directing the Respondent No.8 to conduct the Sun'er', demarqate and split up by sub dividing land in Sy.No.Sl by issuing D-sketch sho$ing the physical division of Patta land of the ['etitioner covered by Sy.No.S1/6/4 t{) the exterrt of Ac. 1-00 gts situated at Mallapur Village, Balapur Mandat, Ranga Reddl District and to issue supplementary sethwar to that effect and to pass such other order or orrlers as this Hontrle Court may deemed ht and proper in the interest ofj ustice."

2. It is st:rted that petitioner is the absolute owner and possessor of the land admeasuring Acs. 1.0O guntas in Survey No-51/6/a, situated at Mallapur Village, Balapur Mandal, Ranga Reddy District (for short, 'the subject land'), having purchased the same under a registered Sale Deed uide Document No.7l30 ol 2OO5 dated 30.06.2O05 and his name was also mutated in the revenue records as well as in the Pahanies from the year 2OO9 onwards and also been carried forward in Dharani Portal. It is further stated that since respondent Nos.g to 13 are claiming small portions of land in Survey No.S1 and respondent Nos. 14 to 19 are the pattadars of adjacent 1 2 CVBR, J W.P.No.3557 of 2025 survey numbers and have been raising boundary disputes, the petitioner has made an F-line application to the 7e respondent seeking to conduct survey and demarcation of the subject land and the 7m respondent issued a notice dated 14.O8.2O19 through Mandal Surveyor uide Flle No.MS/669/19 and got the same surveyed and demarcated and .found that the petitioner is in physical possession of the subject land at the time of survey and demarcation and the Mandal Surveyor had demarcated the entire Survey No.51 and issued a tounch map without making sub-division and without splitting up the joint pattas on the ground and without preparing any D sketches. It is further stated that the petitioner made an online application dated 14.1O.2024 in MeeSeva uide Transaction ID No.TTAOD0224O0O663 and Application No.AOD0224OOO66385 requesting respondent Nos.2 to 6 to carve out Acs. 01.00 guntas out of Acs. 2O.35 guntas in Survey No.51 of Mallapur Village, Baiapur Mandal, Ranga Reddy District by allotting sub-division numbers duly issuing a supplementary sethwar in favour of the petitioner and on receipt of the said application, respondent Nos.5 and 6 processed the same and issued notices to respondent Nos.9 to 19 and cn 02.12.2024, 6e respondent along with staff of 7e respondent came to the site in Survey No.51, but went back on the ground that respondent Nos.9 to 19 have objected and stopped the survey and without their co-ordination, the survey could not be conducted ald advisecl the petitioner to approach the appropriate civil Court in the matter for getting the sur-vey of the land as 6s respondent is not competent to I 3 CVBR, J W.P.No.3557 of 2025 Surveypartofthesurveynumtrerwithoutconsentoftheotherpattadarsand filedareportdatedl0.,l2.2024beforetheSfrrespondent.Thegrievanceof thepetitioneriSthatonthebasisofthereportofthe6ftrespondentdated lO.l2.2O24,the5erespondcntissuedanendorsementdated23'12'2C,24 uideLr.No.Gl3414l2024directingthepetitionertoapproachthecivilCourt inthemattertogetthelandsurveyedasdisputesaroseovertheboundaries of the land. Hence, the present writ petition'

3. Learned Assistant Government Pleader for t].e Revenue appearing for respondent Nos. 1 to 7 has vehemently contended ihere are serious disputes over the subject land claimed by the petitioner and a suit for perpetual injunction has been instituted by the petitioner uide o.S.No.16O of 2o2o on the file of the IV Additional Junior civil Judge, Ranga ReddyDistrictatL.B.Nagarerndwhentheapplicationforinteriminjunction was rejected by the trial Court, an appeal was filed by the petitioner uide cMA.No.96 of 2023 on the file of vIII Additional District Judge, Ranga Reddy District at L.B.Nagar. It is further contended that in view of the fact that there are serious disputes between the petitioner and respondent Nos.8 to 1g with regard to the land in Survey No.51 and interim injunction was also not granted in favour of the petitioner and the 5e respondent issued an endorsement dated 23. 12.2024 uide Lr.No.G 13414 12024 directing the petitioner to approach the civil Court in the matter to get the land surveyed as disputes arose o\rer the boundaries of the land, the writ petition is liable to be diffiiSsed. d.J l 4 CVBR, J W.P.No.3557 of 2025

4. This Court has carefully considered the submissions made by the learned ceunsel for the petitioner and learned Government Pleader appearing for the respondents and perused the record.

5. It appears from the record that the petitioner has instituted a suit for perpetual injunction uide O.S.No.16O of 2O2O on the file of the IV Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar and the court below has rejected the application for interim injunction and aggrieved by the same, petitioner has filed an appeal uide CMA.No.96 of 2023 on the frle of VIII Additional District Judge, Ranga Reddy District at L.B.Nagar and the same are pending for adjudication. If there is a serious dispute with regard to identification, classitication and localization of tle land in Survey No.51 and when the parties inter se have instituted a civil suit, they are always having right and liberty to file an appropriate application in the pending civil cases seeking for appointment of an Advocate Commissioner for localization of the lands.

6. Considering the above facts and in view of the serious dispute with regard to identification and localization of the land in Survey No.S1, this Court is ol the opinion that [he ends of justice would be met if the petitioner is permitted to file an appropriate application in pending civil cases seeking for appointment of an Advocate Commissioner for localization of the lands and in the event such an application has been filed, the Court below is 5 CVBR, J W.P.No.3557 of.2O25 directed to consider the same strictly in accordance with law and pass appropriate orders as early as possible.

7. With the above observation, this Writ petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/.P. P MANABHA REDDY PI.JTY REGISTRAR SECTION OFFICER 'l . The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Survey Settlement and Land Records, Government of Telangana, Survey Bhavan, Narayanguda, Hyderabad.

3. The Assistant Director, Survey Settlement and Land Records, 0/o' The - Cottectoi, Ranga Reddy District at Kongarakalan Village, Ranga Reddy Distript.

4. The District Collector, Rangq Reddy District at Kongarakalarl Village, Ranga Reddy Distrigt.

5. The Revenlle Divisional Officer, Kandukur Revenue Diviqion at Kandukur' 6. The Deputy lnspealgr of Survey, Kandukur Division at Kandukur' 7 The Tahsildar, Balapur Mandal, Ranga Reddy District at Balaqur. B. Qne CQ to QRI MD.AJMAL AHMED, Advocate IOPUCI L One 9G to SRI P SRINATH, Advocate [OPUC] 10 Two QQs 19-O1FOR REVENUE, High Court for the State qf Telangana at Hyderabad [OUT] 11 Tyvo eQ Copies BSR I€T BS HIGH COURT DATED:1610412025 ORDER WP.No.3S57 o12025 ,{ ne STA, 6 ( J3 02l"rAY'm25 t a) AT c DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,uds k"