Smt. Aitharaj alias Kachiraju Prameela v. 1. The State of Telangana

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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.8 in issuing the survey Notice dated 30-01-2025 for conducting survey on 12-02-2025 for fixation of boundaries of the land by demarcating the land, in survey No. 106 situated at Vajinepalli Village, Chinthalapalem Mandal, Suryapet District as illegal, arbitrary and consequently direct the Respondents 1 to 7 to consider the representation dated 30-07-2024 in the interest of justice. lA 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 stay the execution of the survey Notice dated 30-01-2025 in the interest ofjustice pending disposal of the writ petition. Counsel for the Petitioner: SRI SREENIVASA RAO RAVULAPATI Counsel forthe Respondent No.1 to 7: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER o HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3914 of2o25 ORDER: This Writ Petition is Iiled praying this Court to declare the action of respondent No.7 in issuing the survey notice, dated 3O.O1.2025, conducting sur-vey on 12.02.2025 for hxation of boundaries of the land in survey No.106 situated at Vajinepalli Village, Chintalapalem Mandal, Suryapet District as illegal, arbitrary and violative of the Articles 14, 15, 2l and 3O0-A of the Constitution of India and consequently, prayed this Court for other appropriate reliefs. It is stated that the petitioner is the owner and possessor of 2. the agricultural land admeasuring Acs.2 1 10 guntas in Sur-vey No.1O6/A and Acs.9.06 guntas in Survey No l 13 situated at Vajinepalli Village. It is further stated that when the disputes arose over the subject property, the petitioner has instituted a suit for perpetual injunction against respondent Nos'S and 9 uide O.S.No.382 of 2O2I on the file of the Junior Civil Judge, Huzurnagar and the same was decreed uide judgment and decree, d-ated 28.03.2024. It is further stated that respondent No'S also fiied suit for perpetual injunction uide O.S.No'69 of 2022 and the same is pending before the Junior Civil Judge, Huzurnagar' 2 CVBR. J wp 3914_202s Thereafter, respondent No.8 also fiied W.P.No. 109S 1 of 2O23 before this Court and the said writ pctition was disposed of by this Court direc[ing respondent Nos.2, 3, 4 and 6 therein not to dispossess the petitioner from the subject land without following due procedure laid down under law. The grievance of the petitioner is that pending adjudication of the civil suit, an application seeking to conduct survey of the subject lands is Iiled and acting on the said application, the respondent authorities have issued the impugned notice uide Fiie No.C/398 12025, dated 30.01.2O25 for conducting survey of the subject land on 12.O2.2025.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 7 and with their consent, this writ petition is being disposed of aL the admission stage. In view of the nature of relief sought lor in this writ petition, issuance of notice to the unofficial respondents is dispensed with. I

4. Learned counsel for the petitioner vehemently contended that pending adjudication of the civil suit, the respondent authorities do not have any power or authority to conduct survey on the application submitted by respondent No.9. t I J CVBR, J Wp 3914 2025

5. Sri L.Ravinder, learned Government Pleader for Revenue, has submitted that the impugned notice was issued in pursuance of the orders passed by this Court in W.P.No.1O951 of 2023, dated 20 .Q4.2O23 . It is further stated that if the petitioner has any grievance for conducting survey, pending adjudication of the suit, she is at liberty to submit her objections / representation.

6. At this stage, learned counsel appearing for the petitioner submitted that after receipt of the notice he has submitted obj ections/ representations duly inlorming the Surwey Department that civil suit is pending and pending adjudication of the civil suit, respondent No.8 is not entitled for conducting of survey and even otherwise also the petitioner and respondent Nos.S and 9 are entitled to make appropriate application in the pending suit for conducting survey. 7 . In view of the above submissions, this Court, without expressing any opinion on the objections filed by the petitioner and since it is stated that she has informed the Survey Department about the pendency of the civil suit, deems it appropriate to dispose of this writ petition directing the Deputy Inspector of Survey to consider the objections submitted by the petitioner to the impugned survey notice and pass a reasoned order on the said T 4 CVBR, J wp-3914 2025 objection, within a period of two (O2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if anv, shall stand closed. To, //TRUE COPY// SD.K.SREERAMA MURTHY ASSTSTANT REGISTRAR i\t l\ Sidbrtoru oFFrcER - "/

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Suryapet Town and District. 3. The Revenue Divisional Officer, Kodad, Suryapet District. 4. The Tahasildar, Chintalapalem Village and Mandal, Suryapet District. 5. The ttilanda[ Surveyor, Chintalapalem Village and Mandal, Suryapet District. 6. The Revenue lnspector, Chintalapalem Village and Mandal, Suryapet District. 7. The Village revenue Officer, Vajinepalli Village, Chintalapalem Mandal, Suryapet District.

8. One CC to SRI SREENIVASA RAO RAVULAPATI, Advocate [OPUC] 9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] 'l0.Two CD Copies BSR BS W HIGH COURT DATED: 1210212025 1 t ORDER WP.No.3914 of 2025 1 E SlA rt q .) O 0 6 [,[i N25 t c ,} I OFSp^.r DISPOSING OF THE WRIT PETITION, WITHOUT COSTS