High Court · 2025

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of lVlandamus declaring the action of the 3rd and 4th respondents in issuing the impugned survey notice in file No. E-12312024 and E112412O24, dated 10.01.2025 tor conducting survey of the land of the petitioner in Sy. No. admeasuring Ac.2-00 at Bekkem Village, Chinnambavi Mandal, Wanaparthy District on the application said to have been submitted by the respondents 5 and 6, though the civil suit in O.S. No. 1812025 is pending and injunction order as against the respondents 5 i I I I I and 6 in the said suit is being operative as against them, as illegal, unlawful, contrary to law and consequently direct the 3rd and 4th respondents to withdraw the above survey notice by directing the respondents 5 and 6, to seek survey of the above land by otrtaining necessary orders in the above pending suit, and pass such other order or orders which are necessary in the interest of justice. tA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased fo grant interim order staying all further proceedings in pursuant to the survey notice in file No. E112312024 and E112412024, dated 10.01 .2025 including stay of survey of the land of the petitioner in Sy. No. admeasuring Ac.2-00 at Bekkem Village, Chinnambavi Mandal, Wanaparthy District, pending disposal of nrain Writ Petition. Counsel for the Petitioner : SRI M.DAMODAR REDDY Counsel for the Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.5&6 : -- The Court made the following: ORDER 1 I Ir ORDER: HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.4108 of 2025 It is stated that the father of the petitioner is the pattadar and possessor of the land admeasuring Acs.2.OO guntas in Sy.No.88/67, situated at Bekkem Village, Chinnambavi Mandal, Wanaparthy District and his nalne was recorded as pattadar and he was issued pattadar passbook uide Khata No.667. It is further stated that when respondent Nos.5 and 6 have disputed their right and entitiement and interfered with their possession, they were constrained to institute a suit lbr perpetual injunction urde O.S.No. 18 of 2025 on the file of the Principal Junior Civil Judge, Wanaparthy and the said Court also granted ad inteim injunction in I.A.No.16 of 2025, dated 20.O1.2025. The grievance of the petitioner is that pending adjudication of the said suit, acting on the F-Line appiication submitted by respondent Nos.s and 6, the impugned survey notice in file No. El23l2O24 ar,d E/12412O24 dated 1O.O1.2025 has been issued by respondent No.4 for conducting survey of the land in Sy.No.88.

2. Considered the submissions made by the learned counsel for the petitioners and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. I to 4 and with 2 CVBR, J Wp 4108 2025 their consent, this writ petition is being disposed of at the admission stage. In view of the nature of the relief sought for in this writ petition, issuance of notice to the unofhcial respondents is dispensed with.

3. Learnecl counsel for the petitioner has submitted that respondent Nos.3 and 4 are not having any power or authorit-v to entertain the F-Line application submitted by respondent Nos.s and 6 seeking to conduct any survey pending adjudir:ation of the suit and during operation of the hterim injunction ancl issuance of impugned norice. It is further submitted by the learned Assistant Government pleader that soon after receipt of the impugned notice, the petitioner-s, being the interested and effected parties, have made a representation / objection informing the survey authorities with regard to the pendency of the suit and also the operation of the injunction and if the petitioners have any grievance with regard to conduct of survey or identification or localisation of the land, they are entitled to make appropriate application in the pending suit and without obtaining any permission from the competent Court they are not supposed to make F_Line application.

4. Learned Assistant Government pleader for Revenue appearing for respondent Nos. 1 to 4, has not disputed the tssuance 3 cvBlL. J Wp_4108 2025 of impugned notice in File No.E/ 12312024 afldEll24l2024, dated 1O.01.2025 fixing the date of survey on 28.O1-2025, but the survey was not conducted on that day.

5. In view of the above submissions, this Court is of the opinion that the ends of justice would be met, if respondent Nos.3 and 4 are directed to examine the representation/ objection submitted by the petitioner and also the interim injunction granted in I.A.No.16 of 2025 in O.S.No. 18 of 2025 on the file of the Principal Junior Civil Judge, Wanaparthy and after issuing notice to ali the interested persons, pass appropriate orders, in accordance with law. Until the orders are passed on the objections of the petitioners, the respondent authorities are directed not to proceed with any survey over the subject land.

6. With the above observations, 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 ciosed. SD/-P. CH. NAGABHUSHAMBA ASSI TA T REGISTRAR //TRUE COPYi/ ON OFFICER To, / Telanoana. Hvderabad.

1. The Principal Secretary, Revenue Department, Secretariat, State of Z. fne C"olfector, Wanaparthy District at Wanapqrthy, 3. The Thasildar, Pebbair Mandal, Wanaparthy District' +. fnu tttanOjl Surveyor, Pebbair tv!qn!a]'Wanaparthy District' 5. d; CC t" sniur.bni,aooAR REDDY, Advocate' IoPUC] -- . 6. i;; d6"'t;cp 7. Two CD CoPies. iEVeNue, Higtr court for th'e state of Telansana. -FoR ocl/ / HIGH COURT DATED:1310it12025 ORDER WP.No.4108 of 2025 ( +J c o 1He s i4l e c 18 Ftts iln rreTi-!rc DISPOSING OF THE WRIT PETITION WITHOUT COSTS @r rdl 7 ler I I I I