SRI P v. vs GOPALAKRISHNA MUFITI

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 writ of mandamus declaring the action of the respondents No.2 to 5 authorities ...RESPONDENTS proceeding with cor{lictng the survey vide No'DEA/6O86120114' dl B-2-2O25' issued by the Respr<,rr Jent No.5/ Mandal Surveyor - Dharmapu-i l'4anal' Jagitial District' despite pen(l?nC\, of declaration suit, for settlement of b:u.rdary and title disputeinrespec.t,c.lanriinSy.No.34/Eand34/EE(3412or34/f:{)iSarbitrary' illegal, unco nstitrltio n rr l and further violative of Article 14' 21 and 300-A of Constitutionoflnd]'a;lrdfurtherviolativeoffundamentalandcolslrtutionalrights guaranteed under r;r rr;titrltion of lndia. A NO:1 OF 2025 Petition und,3 rjec:tion 1 51 cPc praying that in the circtrm,;tances stated in the affidavit filecl ir support of the petition, the High Court may be pleased to suspend the impug re fl r;urvey notice, dt. OB-2-2O25 vide pror;er"dings file No' DER/6086/2024'c'|'8.2-2o2SissuedbytherespondentNo,5hrlren/theMandal Surveyor, Office of 1[rr: lViandal Revenue Officer, Dharmapuri' Jrlgilial' to conduct the survey and f x ttrE bc'undaries of land in Sy No' 3412' 34lR (3'1/E' 34/EE) on 15-2-2025, until Cislr:sal of the main writ petition, in the interest of iustice' Counsel for the Petitioner: SRI P. V. V. GOPALAKRISHNA MUFITI{Y Counsel for the Res;pon,lents No.1 to 4: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Re';F'ondent Nos.S to 9: - The Court made th,-' ioll'rwing: ORDER HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY V/RIT PBTITION N0.4328 of 2o.25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following relief: "....to issue o ui| order or direction more porticrtlortg one in the nadtre of uril of mandamus d-eclaing th.e action of the respondents Nos.2 to 5 outlaities proceeding with conducting the surueg uid.e No.DER/ 6O86/ 2024, dt 8.2.2025 bsued bg the Respondent No.S/ Mandal Suruegor, Dharmapui Mandal, Jagitial District, despile pendency of declaration suit for settlement of boundary and title dispute in respect of land in Sy.No.34/E and 34/ EE, 34/2 or 34/R b arbttrory, illegal, unconstitutional dnd furller uiolative of Articles 14, 21 ond 300-A of Constitution of Inlia and furtlrcr uiolatiue of fundamental and constitutional ighls guaranteed under anstitution of India.. . ."

2. Ccinsidered the submissions of the learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. I to 4, and perused the record.

3. It is stated that the petitioner is the owner and possessor of land to an extent of Acs.7- 14 guntas in Sy.No.35 situated at Rayapatnam Village, Dharmapuri Mandal, Jagitial District. It is further stated that when the unoflicial respondents interfered with the possession of the petitioner alleging that the lands in .t Sy.No.3S are forming part of Sy.Nos.34/E and 34/Etr, he, along {' 2 with his father in: titrrted a suit in O.S.No.85 of 2023 oe rhe file of the Junior Crrii ,ludge at Dha-rmapuri and the said Ccurt uide order, dated 3tt. ,'\.2O24 in I.A.No. 122 of 2023 in O.S Nc,.85 of 2023 granted a,l-interim injunction. It is further stzrteI that suppressing thr: lz ct of operation of the ad-interim injunc:ion in the said suit, r'espondent No.S submitted an F-Line appl cation before the resporrrents for conducting suryey over the sa-id lands; and when thr: ,s rii zLpplication has not been consider:ed by the respondents, sh,: hled W.P.No.36226 of 2024 before this Court, without makr n q he petitioner as party rcspondent ar d this Court, uide c,r<l,'' dated 24.12.2024 disposed of the sard u,rit petition direc tin p th e respondents to consider the ei;rpl :cation submitted by re s;lorLdent No.5 for conducting survev 01 er the said lands. [t js; fr rttrer submitted that in pursuance of th:: order dated 24.12.20'21 par;sed by this Court in W.P.No.3622'.e- o' 2024, the responclenl ii -: tlLorities have considered the applicat.ion of respondent No 5, eLnd issued impugned proceedings vide No.DER/608612Q),4. dated O8.02.2025 for conducting survey over the saicl iir.,ris despite pendency of declaration s rit for settlement of b,:rrrr clary and title dispute in respect of larLds SL*;* J l,earned counsel for ttre petitioner submitted that instead

4. of frling an appropriate application in the pending suit for appointment of Advocate Commissioner for conducting survey over the said lands, by suppressing the operation of the ad- interim injunction in O.S.No.85 of 2023, respondent No.S has frled W.P.No.36226 of 2024 and obtained orders from this Court. In view of the above, this Court without expressing any

5. opinion on the meri{5: bf the case, since it is stated that respondent No.S has issued impugned notice, dated O8.02.2O25, for conducting survey over the subject lands' deems it appropriate to dispose of this writ petition permitting the petitioner to submit his objections duly enclosing all the documents before t-he respondents. On submission of the objections, the respondent authorities are directed to examine same and pass orders, strictly in accordance with the circular instructions issued by the Commissioner, Survey, Settlement and Land Records and also taking into consideration of the order, dated 3O.O5.2O24 in I.A.No.122 of 2023 in O.S.No'85 of 2023 passed by the Junior Civil Judge at Dharmapuri, for conducting survey over the said lands, within a period of eight (8) weeks from the date of receipt of a copy of this order' Till \ t 4 consideration lf the objections raised by thr: fretitioner' respondent l',lr r i shall not proceed with the sun'ey r'n p lrsuance of the imptrg,ntrI p:oceedings, dated Oa'O2'2O25'

6. With tl-r: above observations, this Writ Petition is disposed of. No order 'a.: -o 1)osts. As a sre 11 rel, the miscellaneous petitions pen<lir g, if any' shall stand ::1rr:d. I To, //TRUE COPY// SJD/.N. SRIHARI . DqPLrn/ REGISTRAR { I \ sr=cTloN oFFICER

1. The Print;illal Ser;retary' Revenue Dept', State Hyderabad Uf T"lr ",g, 'nr, Secretariat

2. The Distrrct ( r') lector, Jagtial District, Telangana State 3.TheAsst-Dir:r;torSurveyandLandRecordsJagtialDistrir;tlelanganaState. 4. The TahsilcJar Dharmapuri - Mandal, Jagtial District' 5. The Mandi:rl : urveyor, Office of the Mandal Revenue Officer' Dharmapuri- Mandal, .larlli a District

6.oneCCtoSF?pV.V-GoPALAKRISHNAMURTHY,Advcciete[oPucl 7. Two CCs t.:l ! ill 1,. RAVINDER, AGP for Revenue, High Cru,t for the State of Telangar a a: llYderabad. [OUTI B. Two CD '},r[ i: s MP GJP cAV HIIGH COURT DATE Dt:1 4lO2l2O25 ( -) 7(l'-':'r -=a-- .{ /-C I0 rrA\ t[zs z o i !'f.s,,,1i :- --i; -= Ht-''- =l' ORDER WP.No.zt328 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( HQ- ^\oslLb