High Court · 2025

6. Smt.Kongara Varalakshmamma, W/o. Tirumalaiah,. Aged.. 85 yeqlg' 99c. HousehoTd, Ri/o. Chandapuram Village, Nandigama Mandal, Krishna District. ...PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Dr. B.R. Ambedkar Bhavan, Secretariat, Hyderabad.

2. The District Collector, Sangareddy District, Sangareddy. 3. The Tahsildar, Gummadidala Mandal, Sangareddy District. 4. The Mandal Surveyor, Gummadidala Mandal, Sangareddy District. 5. The Joint Director Survey and Land Records, Narayanaguda, Hyderabad. 6. Deputy lnspector of Surveyor, Sangareddy, 7. The Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad, Rep. by its Commissioner.

8. The District Forest Officer, Sangareddy. 9. Telangana State Pollution Control Board, A--3' Paryavaran Bhava.n, Sanathnagar Road, Sanathnagar Industrial Estate, Sanathnagar, Hyderabad. 1 0. Hyderabad .lntegrated M.SW Limited, Level '1 'l B, Aurobindo Galaxy, Hyderabad _Knowledge City, Hitech City Road, Hyderabad - S00 OSi, Telangana State.

11.The Wing Telangana State- 500043 -Commander, lndian Airforce Academy, Dundigal, Hyderabad,

12. Assistant Director, Survey of Land Records, Sangareddy. ...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 a Writ, Order or Direction more particutarly one in the nature of writ of Mandamus, to declare the action of the Respondents in lnterfering with the petitioners part lands by cutting the trees, shrubs, bushes, crops, levelling part of the petitioners land, without conducting survey and in stark violation of the status quo orders passed by this Hon'ble Court vide orders dt.13.12.2024 and

16.12.2024 in W.P.No.351 50 ol 2024, WP No.35i52 ot 2OM, W.p.No.35154 of 2024, W.P.No.35170 o'f 2024, and W.P.No.35187 ot 2024, iilegat, arbitrary, against principles of natural justice, against the provisions of the Forest Act, against the provisions of Article 300-4 of the constitution of lndia and against all settled principles of law and consequently to direct the respondents to stop all activities ln part of the petitioners land in survey Nos.2, 3, 4, 27, 29,35, 36, 39, 40, 41 and 44 totally admeasuring Ac.86-13 gts., situated at pyaranagar Village, Gummadidala Mandal, Sangareddy District (erstwhile Medak District) in construction of the Municipal solid waste Management plant in pyaranagar Village, Gummadidala Mandal, sangareddy District (erstwhile Medak District) forthwith. IA NO: 1 OF 2025 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 respondents to stop all activities ln part of the petitioners land in survey Nos.2, 3, 4,27,29,35, 36, 39, 40, 41 and 44 totally admeasuring Ac.86-13 gts, situated at Pyaranagar Village, Gummadidala lvlandal, Sangareddy District (erstwhile Medak District) in construction of the IVlunicipal solid Waste lManagement Plant in Pyaranagar Vitlage, Gummadidala Mandal, Sangareddy District (erstwhile Medak District), pending disposal of the main Writ Petition. Gounsel for the Petitioner: SRI B.CHANDRASEN REDDY, Sr. COUNSEL, REP. FOR SRI B.VAMSHIDHAR REDDY Counsel for the Respondent No.1 to 6 &'12: SRI A.SUDARSHAN REDDY, ADVOCATE GENERAL Counsel forthe Respondent No.7: SRI G.MADHUSUDHAN REDDY, SC FOR GHMC Counsel forthe Respondent No.8: GP FOR FOREST Counsel for the Respondent No.9: SRI ZEESHAN ADNAN MOHD, SC FOR TSPCB The Court made the following: ORDER -----7 HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.3895 of 2025 ORDER: This writ petition is filed seeking following relief: ". . .to issue a Wi| Order or Direction more particuLarlg one ln the nature of Wit of Mandamus, to declare the action of the Respondents in interfeing with the petttioners' part of tands bA qiting tlte trees, shrubs, bushes, crops leuelling part of the petitioners' land, uithout conducting surueg and in stark uiolation of the status quo orders passed bA tllis Court uide orders dated 13.12.2024 and 16.12.2024 in W.P.Nos.3515O, 35152, 35154, 3517O and 35187 of 2024, a_s i egal, arbitrary agaist pinciples of natural justice, against the proui.sions of th.e Forest Act, against the prouisions of Articte 300-4 of the Constitution of India and ogclinst all settted pinciptes of Laut ond consequentLA to dtrect the respondents to stop all actiuities in part of the petition.ers' land in surueg Nos.2, 3, 4, 27, 29, 35, 36, 39. 40, 41 and 44 total admeasuing Ac.86-13 gts. situoted at pgoranagar Village, Gummadidala Mandal, Sangareddg Distict (erstuthile Medqk Dtstict) in canstnrction oJ the Municipal Solid Wqste Manctgement Plant in Pgaranagar Vtllage Gumnadidala Manda| Sang;lareddg Dtstict (ersttuhtle Medak Distict) forthutith... "

2. It is stated that peLitioners are the owners and possessors of agricultural lands in Sy.Nos.2, 3, 4, 27, 29, 35,36, 39, 40, 41 and 44 Lota| admeasuring Ac.86-13 gts situated at B/aranagar Village, Gummadidala Mandal, Sangareddy District. It is further stated that the names of petitioners was mutated in revenue records and they were also issued pattadar passbooks and title deeds under the provisions ofthe Telangana Rights in Land and pattadar passbooks Act, 1971 (for short 'Act, 197 7"1 and also e-pattadar passbooks under the provisions of the Telangana Rights in Land and pattadar Passbooks Act, 2O2O (for short " Act, 2O2O"l.It is further stated that when the respondents, without conducting survey and localization l : 2 CVBR, J wP 3895 2025 of the subject lands, were making efforts for forcible dispossession on part of the subject lands, the petitioners fi1ed W.P.No.10244 of 2024 on the file of this Court and the same was disposed of by this Court vide order dated 28.10.2024, wherein it was observed as follows: "8. Sirrce the fa.ctum <ts to uhether the road is being laid in the petitioners land as being ctaimed bg the petittofters or tn the Forest land on the soutlrcrn side on GHMC land as ctaimed bg the respondents bA their counter-affidauit filed in W.P.No.9447 of 2023' reqtires factual detemination, the same cannot be gone into in a Writ Petition filed under Article 226 of the Constitution of India in a summary procedure. Howeuer, since the petitioners cLaim tLeir land to be in Sg.lr'os.26 and 27 and 29 wheretn the respondent authoities hque Laid a road, this Court is of the uiew that the petitioners in tlle present Lorit petition shoutd be relegated to auail tlle ctuil remedg oJ seeking localization and demarcation of their lands in Sg.Nos.26, 27 and 29 and olso bg establishiltg the Jact that the respoftdent authoittes hctue laid the road th'erein bg approaching the competent Court of ciuil jurisdiction before calting in question the action of the respondent authoities in ottempting to lag the road ift petitioners land without folloLuing due process of law." It is further stated that after disposal of the aforesaid writ petition, alleging that the respondents are not following the procedure in conducting survey, the petitioners filed W.P.Nos.3515O, 35152, 35154, 35170, 35187 of 2024 and this Court vide orders dated

13.12.2024 arrd 16.12.2024 disposed of the said writ petitions directing the Assistant Director of Survey and Land Records to conduct survey and demarcation of the subject lands after issuing notice to petitioners and all interested persons including Forest Department and fix boundaries. Alleging that the respondents have not conducted survey in terms of the orders passed by this Court 7 -l CVBR, J 'vVP 1895,2025 and making eflorts to forcibly dispossess them, the petitioners hled the present writ Petition.

3. Considered the submissions of the Sri B.Chandrasen Reddy, learned Senior Counsel representing Sri B-Vamshidhar Reddy, learned counsel foi the petitioners and Sri A.Sudarshan Reddy, learned Advocate General appearing for respondent Nos.1 to 6 and 12 and with their consent, this writ petition is being disposed at the admission stage.

4. The learned Advocate General submitted that, in te rms of the orders passed by this Court, a survey was conducled, and after identifying and localizing the 1ands, the Survey Department prepared a map. It is further submitted that the lands claimed by the petitioners and the Government are entirely distinct and different. The road in question was laid by the State Government on lands adjacent to the petitioners' lands io facilitate access to the project site. It is further submitted that the present writ petition is filed under apprehension and as such, the same is not maintainable.

5. In reply to the above, Sri B. Chandrasen Reddy, learned Senior Counsel, argued that the map prepared by the respondents does not reflect the actual ground situation. It is stated that the 4 CVBR, J u/P 3895 2025 map does not mention the survey numbers or the extent of the petitioners' lands. It is further submitted that in the absence of furnishing documents relied upon by the Government, the respondents are not supposed to conduct survey and such action on the part of respondents amounts to violation of provisions of the Teiangana Survey and Boundaries Act, 1923.

6. The learned Advocate General submitted that the respondents have obtained al1 necessary permissions from the Government of India for laying the road in open land vested with the State. It is further submitted that instead of cooperating with the authorities, the petitioners are obstructing the survey. It is stated that, keeping public interest in mind, the Government proposed to construct a compound wall around the Municipal Solid Waste Management Plant to arrest the bad odour and mrnrmrze inconvenience to neighbouring residents.

7. Keeping in mind the object of the State and the grievance of the pi:titioners as stated above, this Court deems it appropriate that ends of justice would be met if the respondents are directed to conduct survey of the subject lands in the presence of the petitioners on the date mentioned in the impugned notices, strictly adhering to the Circular instructions issued by the Commissioner, Survey, Settlements and Land Records vide Rc No.Nl /6543199, 5 CVBR. J wP 3895 2025 dated 25.O7.2OO1, Rc.No.Nl/I4OA/07, dated 13.O7.'2OO7, and Rc.No.N2/ 174l l2O1O, dated 18.05.2010 and after considering the objections, if any, submitted by the petitioners and localise the subject lands as well as the lands claimed by the Government and proceed with construction of the Plant. Till such time, the resiondents are directed not to take any coercive steps against the petitioners lands. It is needless to observe that survey conducted by the respondents does not take away the existing rights of the petitioners nor it creates any rights in favour of the contesting parties. If the parties are aggrieved with the survey conducted and if any of their rights are violated, they are at liberty to take appropriate steps in accordance of 1aw,

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/. A.V.S. PRASAD T REGISTRAR ASSIS TION OFFICER To, \

1. The Principal Secretary, Revenue .Department' Dr' B R Ambedkar Bhavan' Secretariai, Hyderabad, State of Telangana.

2. The District Collector, Sangareddy District, Sangareddy. 3. The Tahsildar, Gummadidala Mandal, Sangareddy District. 4. The Mandal Surveyor, Gummadidala Mandal, Sangareddy District. 5. The Joint Director Survey and Land Records, Narayanaguda, Hyderabad. 6. The Deputy lnspector of Surveyor, Sangareddy, 7. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. ,. .GrtJ J

8. The District Forest Officer, Sangareddy. 9. Telangana S_tate Pollution Control Board, A-3, paryavaran Bhavan, sanai"nnigar Fi;ri, i"'nrtnnrgr," tnourtriZr Eri!t",'danathnagar, nyderabaa. / 10. Hyderabad lntegrated MSW Limited, Level 1 1 B, Aurobindo Gataxv. Hyderabad Knowledge City, Hitech City Road, HyOeraUaO _--S00-0Si: Telangana State.

11.The Wing Commander, Tetansan5 sijte- soooZj lndian Airforce Academy, Dundigal, Hyderabad,

12. The Assistant Director, Survey of Land Records, Sangareddy. 'l3.One CC to SRI B.VAMSHTDHAR REDDY, Advocate tOpUCI 14.Two ccs to SRI A.SUDARSHAN RFD_Dyr Advocate General, High court for the State of Telangana at Hyderabad [OUT]

15.One CC to SRI G.MADHUSUDHAN REDDY, SC for GHMC tOpUCl 16 Ly.g-99g,1."^9i for FOREST, High Court for the State of Tetansana at HyOeraoad [ou Il \ I

17.One CC to SRt ZEESHAN ADNAN MOHD, SC forTSpCB tOpUCl 18.Two CD Copies BSR MP HIGH COURT DATED: 1110212025 \ L ORDER WP.No.3895 of 2025 1 q o o DISPOSING OF THE WRIT PETITION, WITHOUT COSTS gt\ t- kl vY' IASEt1 1 r 6 (l 1 4 rtB 2[25 o ('_a cT ,l z !l .L ,+ ,,/ )