The High Court · 2025
Case Details
S.Srinivasa Chary, S/o Lakshmana Chary, aged about 66 years, Ri.io Mucherla village, Kandukuru mandal, R.R. District. ...PETITIONER AND
1. State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad
2. The District Collector, Ranga Reddy District, at Hyderabad 3. The Revenue Divisional Officer, Kandukuru Mandal' Ranga Reddy district. 4. The Tahsildar, Kandukuru Mandal, Ranga Reddy District. 5. The Assistant Director, Survey and Land Records' R.R. District 6. The Deputy lnspector of Survey, Kandukuru Division 7. The Mandal Surveyor, Kandukuru Mandal, R.R. District ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus to declare the action of the Deputy lnspector of Survey, Kandukuru Division and Mandal Surveyor, Kandukuru mandal, i.e. the respondents 6 and 7 herein in not conducting survey of land bearing Sy.No. 396 and Sy.No. 397, situated at Mucherla village, Kandukuru mandal, R.R District' illegal and arbitrary and violation of the Article 14,21 ol Constitution of lndia. = lA NO: 'l OF 2025 Petition under section 151 cpc praying that in the crrsumstances stated in the affidavit f iled in support of the petition, the High cou rr: may be preased to direct the respondents 6 & 7, to commence with conduction of survey of rands bearing Sy.No. 396 and Sy.No. 397, situated at Muc.herla village, Kandukuru mandal, R.R. District pending disposal of the present Writ petition. Counsel for the Petitioner : SRI G.RAMA CHANDER RAO Counsel forthe Respondents: Gp FOR REVENUE The Court made the foilowing: ORDER a HON'BLE SRI JUSTICE C.V.BIIASI{AR REDDY WRIT PETITION No.5973 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ". . . . to issue an appropiate ui| order or direction particulorlg one in the nature oi u-,nt of Mandamts to declare the action of the and Mandal DeputA Inspecio, o7 iu*eg Kanduhttu - Duision - siru.i*, iandulolru mandil i.e., respondent Nos'6 and 7 herein in nit conducting surueg of tand bearing Sg No 396 and R'R Sg.No.397 situated at Mucherla uillage, Kandulottu -mandal' D"istict ittegal and arbitrary and uiolation of the Articles 14 and 21 of Constitution of Indio. . . . " 2 Considered the submissions of the learned counsel for the respective parties and perused the record' It is stated that the petitioner is the pattadar and possessor 3. of land admeasuring Ac.O.14 guntas in Sy'No'396 and Ac' 1 1'29 guntas in Sy.No.397 in total admeasuring Ac'11'29 guntas situated at Mucherla Village, Kandukur Mandal, Ranga Reddy District, and the name of the petitioner is recorded in revenue records and the respondent authorities have also issued pattadar passbooksandtitledeedsinhisfavour.ItisfurtherStatedthat when the adjacent pattadars have disputed the boundaries and possession of the petitioner in respect of the subject land' he _l 2 submitted an F--l-ine application uide No. DER 022300892765, dated 15.02.2023 for conducting survey, and ac,:ing on the said application, respondent No.7-the Mandal Survey,tl- issued notice uide File No.Cl84 12023, dated 77.O4.2O23 by putting notice to all the adjacent land holders. lt is further staterl that nhen the respondents l-rave failed to conduct survey as per the said notice, he was constrained to frle an application before rr:s;pondent No.3- the Revenue Divisional Officer, and acting on the same, respondent No.6-the Deputy Inspector of Survey issued notice uide Flle No{}144O/2O24, dated 16.03.2024 and thereafter, another notice has been issued dated 26. 1O.2024. The grievance of the petitioner is that despite issuance of the said notices for conducting survey, no surve), has been conducted by the respondent authorities till date. Hence, this writ petition.
4. Learned counsel for the petitioner submittr:d that as per the provisions of the Telangar-ra Land Revenue .a,ct, 1317 Fasii and as per the Telangana Survey and Boundaries Act, 1923 and, the Rules macle thereunder, if an application is submitted for conducting sllnrey, the respondent authorities shatl conduct survey u,ithin the stipulated time, but till date :he respondents have not con<llrcted anli survey in respect of the subject lands. 3
5. Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents, on instructions' would submit that acting on the application submitted by the petitioner, notices were issued to all the concerled including the adjacent land owners, and when the survey officials have inspected the lands for conducting survey, the adjacent pattadars have raised objections and in view of the said objections, the Deputy Inspector of Survey has not conducted survey, and also placed a copy of the report dated 28'Il'2O24 of the Deputy Inspector of Survey, Kandukur Division' ' In view of the above, this Court deems it appropriate to 6. dispose of this writ petition directing the respondents to conduct and conclude survey in respect of the subject land in terms of the circular instructions issued by the Commissioner, Survey, Settlement and Land Records from time to time' If there is any law and order problem, the petitioner and survey department are at liberty to make an application before the concerned Station House Ofhcer (SHO), and on frling such application' the concerned SHO is directed to extend the police protection/assistance for conducting survey of the subject land I I \ I 4 a within a period of six (6) weeks from the date of filing such application
7. With the above observations, this Writ Petition is disposed of. No order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stald closed. I I I I \ //rRuEcopy// A TTllrr?EB+;iiR a I l'.ls'-eciroN oFFtcER ? \ / reransana, Rep. by ftyirro"Jr:t:?oepartment, secxtariat, state of ro, 1 . The Principal Secretarv Rerro.,,,o n^^^J_ 2. The District Collector, Ranga Reddy District, at Hyderabad 3. The Revenue Divisional Officer, Kandukuru Mandal, Ranrla Reddy district. 4. The Tahsildar, Kandr- 5 rhe Assista o,,.".,J'., J", ::: :fl:1":#,o*:X":,*,.,", 6. The Deputy lnspector of Survey, Kandukuru Division 7. The Mandal Surveyor, Kandukuru Mandal, R.R..District 8. One CC to SRt G.RAMA CHANDER RAO, Advocate. tOpUCl n to GP FoR REVENUE, High court for the stare of retangana. ", fffa?a. 10.Two CD Copies. .BsK Ves I I HIGH COURT DATED:0410312025 ORDER WP.No.5973 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS // .a4 /" /15