1. Kendre Laxmikanth 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 a writ, order or Direction, more particularly one in the nature of .....RESPONDENTS -8*f-z ,/ ,/,/ Writ of Mandamus, declaring the action of the respondents in trying to dispossess the petitioners under the guise of survey at the instance of rrnofficial respondenl 6, in Sy.No.83, to an extent of Ac.7-30 gts situated at Shayrnpur Village, Utnoor Mandali Adilabad District without dividing the said property e,lually to all the legal heirs as illegal, arbitrary against the provisions of Survey an J Land Records Act and against all settled principles of law and consequently dirr:ct the Respondents not to dispossess the petitioners and not to conduct sqrvel in Sy.No.83, to an extent of Ac.7-30 gts situated at Shyampur Village, Utnoor Merndal, Adilabad. l.A.NO:1 oF 2025 I Petition Under Section 151 CPC praying that in the circ umstances stated in the affidavit.filed in support of the petition, the High Court may be pleased to direct the Respondents not to dispossess the petitionerr r f rom the land in Sy.No.83, to an extent of Ac.7-30 gts situated at Shyampur Village, Utnoor Mandal, Adilabad, pending dlsposal of the main writ petition. Counseil for the Petitioner : SRI AKKAM ESHWAR counseI for the Respondent Nos.1 to 5 : Ms. SWETCHA, A.('i.P FOR REVENUE Counsel for the Respondent No.6 : -- The Court made the following ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.438O of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "....to issue a Wit, Order or Direction more particularly one in the nature of Writ of Mandamus declaing the action oJ the respondents in trying to dispossess the petitioners under tle guise of suruey at the instance of unolficial respondent tVo.6 in Sg.No.83 to an erte of Ac. 7.30 gts sifi)ated qt Shagmpur Vtllage, Utnoor Mqnda| Adilabod District without diuidtng the said property equally to all the legal heirs as illegal, arbitrary, against the prouisions of SurueA and Land Records Act and against all settled pinciples of law and consequentlg dtrect the Respondents not ,o disposses s the petitioners qnd not to conduct sun)eg in Sy. ,lVo- 83 to qn ertent of Ac. 7.3O gts situated at Shgampur Village, Utnoor Mandal, Adilqbad.... "

2. Considered the submissions of the learned counsel for the respective pa-rties and perused the record

3. It is stated that the grandfather of the petitioners was the owner and possessor of various extents of lands in Sy.Nos.66, 81, 82, 821A, 8218, 83 and 83/ 1 situated at Sha5rmpur Village, Utnoor Mandal, Adilabad District and after the death of their grandfather, the fathers of the petitioners have succeeded the said property. The case of petitioner Nos.3 to 5 is that during the life time of their father, he has transferred his share of propert5r on their name, but the same was not partitioned and their nzunes were not recorded in the revenue records, and an extent of Acs.7-3O guntas in Sy.No.83, 2 which is a joint family property, is standing in the name of respondent No.6 and taking advantage of the sar,re, respondent No.6 made an application seeking survey an d fixation of boundaries; and acting on the said application, tl e respondents have issued notices to the petitioners for conduCtinr; survey. It is stated that the petitioners have made represer :tations dated O3.O2.2O25 and 04.O2.2O25 objecting the survey and requesting the respondents not to conduct survey in Sy.No.S3, as th: said property is joint family property and they are in joint pos session. The grievance of the petitioners is that desplte the sarne, under the guise of survey, the respondent authorities are tryin1, to dispossess them at the instance of respondent No.6.

4. Learned counsel for the petitioners submitted that once the property is in joint possession, respondent No.6 is rot having any right to file an application before the respondents Jor conducting survey; and entertaining such applications, amounts ,o dividing the properties with metes and bounds, and as such, jurisdiction has not been conferred on the Survey Department fr,r conducting survey.

5. On the other hand, Ms. Swetcha, learn ed Assistant Government Pleader for Revenue appearing for the respondent Nos.l to 5 submitted that the Commissioner, Survel , Scttlements 3 and Land Records, issued various circulars for conducting survey and as respondent No.6 has submitted an application seeking to I L conduct survey by fulfilling all the necessary requirements and by enclosing all the necessary documents, the respondents would consider the said application, by considering the objections, if any raised by the petitioners.

6. In view of the above, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities to conduct survey by considering the objections raised by the petitioners, stnctly, in accordance with the Telangana Survey and Boundaries Act, 1923 and the Rules made thereunder and the circular instructions issued by the Commissioner, Survey, Settlements and Land Records.

7. With the above observations, this Writ Petition is disposed of No order as to costs As a sequel, the miscellaneous petittons pending, if any, sha_ll stand closed. //TRUE COPY// SD/: L. LAKSHMI BA BU EPUTY REGISTRAR I SECTION OFFICER B.R Ambedkar Bhavan, e Assistant Director of Land a nd Survey, Adilabad District' e Sub-Collector, Utnoor Mand al, Adilabad District. e Tahsildar, Utnoor Mandal, Ad ilabad District he PrinciPal Secretary, DePartment of Revenue' Secretariat, State of Telanga na at Hyderabad. The Joint Collector, Adilabad District. Telangana. Ih Th fwo CC' I.lyderab One CC Two CD CoPies s to G.P FOR REVENUE' High Court for the State of Telangana at ad. (ouT) to SRI AKKA M ESHWAR, Advocate IOPUCI To

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1. 2 3 4. 5 6 7 SA GJP irE STA r6- (j^ a C tr]\ 1B JUll 2025 -/ ) \, ,: \..'t \'-.,' COURT HIGH I' I DATED:1 410212025 I ORDER I I WP.No.4380 of 2025 DISPoSING OF THE W.P i JWIT OUT COSTS. \o i : I I e5 I i I I I I I i,