The High Court · 2025
Case Details
Represented by GPA Holfler K. Eriharsha Shashank All are R/o. Plot No. 102, High Court Colony, Vanasthalipuram. Hayatnagar Mandal, Ranga Reddy Diptrict - 500 070. ...PETtTtONER(S) AND '1 . The State of Telangana, Rep. by its Principal Secretary, Dept. of Revenue,. Hyderabad.
2. The Diqtrict Collector, Ranga Reddy Digtrict 3. Tahsildar Cum Sub Registrar, Abdullapurmet It/andal, Ranga Reddy District. 4. Mandal Survey, Abdullapurmet Mandal, Ranga Reddy District. 5. Revenue lnspector, Abdullapurmet Mandal, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 OI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to isQuga Writ, Order or Direction, one more particularly in the nature of a Writ of Mandamus declaring the action of the Respondents 3 to 5 in illegally trespassing and trying to conduct a survey in Survey Nos. 17l1ICHA, 17l1tCHAA, 1711/GA, 1711lJA and 1711fiA situated at Piglipur Village, Abdullapurmet Mandal, Ranga Reddy Distriqt admeasuring Acres 1B - 00 Guntas as illegal, arbitr:ary and violative of the Petitioner's rights guaranteed under Article 300A of the Constitution and direct the Respondents 3 to 5 to not interfere with the rights of --_.--- the Petitioners in Survey Nos. 17l1/CHA, 17l1ICHAA, 1711/GA' 1711lJA and 17t1lTA situated at Piglipur Village, Abdullapurmet Mandal, Ranga Reddy District admeasuring Acres 1B - 00 Guntas as prescribed under law. IA NO :1 OF 2O25 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppqrt of the writ petition; the High Court may be pleased to direct the Respondents 3 lo 5 to not interfere with the rights of the Petitioners in Survey Nos 1711ICHA, 1711ICHAR, 1711lG4 , 1711lJA and 1711tTA situated at Piglipur Village, Abdullapurmet tVandal, Ranga ReddY Diotrict admeasuring Acres 1B - 00 Guntas without fgllowing due process as prescfiped under !gw. Counsel for the Petitionqrs: SRI K.V.BUSHEEK RFOqy Counsel for the Regpon(gntg No.!to$: SRI L.RA{INQER, AGP FOR REVENUE The Court made the following: ORPEB I i //li HON'BLE SRI JUSTICE C.V.BIIASKAR REDDY WRIT PETI ONNo.6536 of 2o2s TI ORDER: This Writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: o *:g, "....to issae a Writ, Orle:^o.| Oilegtio.n one more panicutarlg in the ;i' ::,:! ; {i; ":l;{ ; f::y " d e ct a ri n g i i-e, i,: i,i i 1 n " re s p o n d e n t p ff i Tf"fl^o, o u r.ue s N o s. t 7 / t t c aai " ;; ; ;;' ; ; a u g I " '-!i"1,'t;:*f ':;:*l:::;^;i::{;;&4i1,;{,#;,,{"i'i"'l!-,i,}1 A crl s. 1 8' o 0 G u nt a-s os i t t a n d i i o t a u, e of ;#" ff ;;:-s " i il,- i i' ii rr,'i, ""a. r" i,tii J' i t6X oI the co nstii;;' ;;':t::* ri g hts guarant eea 'r;'r;';-xy:,i*ff y;:iY*::ir,ixi,:;"-2":iiii";r, t/'rA and 17/1/TA situated ,, ngliii', vittage, Abduriapiiri"i'r.:" a *"i i s o i zii,;,,,, ;: ;:: :" #; ; : :3:, ffi .,D,s o ! i. ii s !o, 20.n t ri ct ^ " " a
2. Considered the submissions of the learned counsel for the petitioner; Sri L. Ravinder, Iearned Assistant Government pleader for Revenue appearing for the respondents.
3. It is stated that the petitioners are the owners ald possessors of lands admeasuring Ac.1g.0O guntas in Survey Nos.17ll/CHA, 17/1/CHAA, t7/t/cA, tZ/I/JA atd tZ/t/TAsituated at piglipur Village, Abdullapurmet Manda.l, Ranga Reddy District and the revenue authorities have mu121s6 the names of the petitioners in all the revenue records. It is further stated that when the respondent authorities have refused to register the sa-le deed ln respect of the -- \ *- r 2 ( subject lands on the ground that the same are listed in the prohibitory list under Section 22-A of the Indian Registration Act, 1908, the vendors of the petitioners have filed various writ petitions before this Court and the same were disposed of vide order dated O3.O2.2O14 in W.P.Nos.9925 of 2O13 and batch, directing the respondent No.4 therein to receive and process the deeds of conveyance presented by the petitioners therein in respect of the said lands; and in terms of the said order, registered sale deeds have been executed in favour of the petitioners and they are in enjoyment of the said lancis. The grievance of the petitioners is that suppressing above said facts, W.P.No.9528 of 2024 was filed before this Court by Sri Nageswara Housing Corporation seeking to conduct survey ald for hxing boundaries over the said lands, and this Court vide order 19.06.2024 directed the respondents to conduct survey strictly in accordance with law by deputing Assistant Director of Survey, Settlement and Land Records by putting the petitioner therein and all affected parties on notice and affording them al opportunity. The grievance of the petitioners is that without issuing any notice and without taking into consideration of the records which reveals their ownership rights, the respondents have proceeded to conduct survey over the said tands in terms of the order dated 19.O6.2O24 passeci by this Court in W.P.No.9528 of 2024 I ---7 J
4. It is settled law that any survey conducted by the Survey Department does not take away the right existing in favour of the petitioners nor creates any rights in favour of the persons, who are found to be in possession of the said lands by virtue of survey. If any persons are aggrieved with the survey report, they are at liberty to agitate their grievances before the competent Court seeking appropriate remedies. Admittedly it is the case of the petitioners that no notice has been issued to them before conducting survey.
5. In view of the above, this Court deems it appropriate to dispose of this writ petition directing the Assistant Director of Survey, Settlement and Land Records, Ranga Reddy to forthwith furnish a copy of the survey report to the petitioners. On furnishing the said report, the petitioners are at libert5r to avail the remedies in accordance with law, if they are aggrieved with the said report.
6. With the above observations, this Writ Petition is disposed of No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shatl stand closed. //TRUE COPY// SD/-L.VIJAYA LAXMI ASSISTANT REGISTRAR sectt&4rrcen To, 1
2. J, 4 The Principal Secretary, Dept of Revenue' Hyderabad State ofTelangana The District Collector, Ranga Reddy District' TheTahsildarCumSubRegistrar,AbdullapurmetMandal'RangaReddy District. The l\Iandal Survey, Abdullapurmet Mandal' Ranga Reddy District I I i I
5. The Revenue Inspector, Abdullapurmet Mandal, Ranga Reddy District. 6. One CC to SRI K V.RUSHEEK REDpy Advocate. IOPUC] fu*"" to GP FoR REVENUE, High court for the state of rplangana ' 8. Two CD Copies BSK BS / I I I I HIGH COURT DATED:05t0312025 I \ ORDER WP.No.6536 of 2025 thE SLt 14: ( o 2o IIIAY 2025 $ ( '.. * D E.9P rTCH .at gO t {, I DISPOSING OF THE WRIT PETITION WITHOUT COSTS q< u (. b