High Court · 2025

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 grant an order, direction or writ, more so in the nature of Mandamus. (a) Declaring the action of the 4th Respondent in issuing the Endorsement dated 03.02.2025 in File No.B/185412024 and also Endorsement dated 09j2.2024 in File No.8,1185412024, rejecting to consider the F-Line Applications No. DER022300930447 and DER022300931146 filed by the Petitioners, as arbitrary, illegal and in violation of Article '14 and 3004 of Constitution of lndia and also in violation of B.S.O.No.34-A and consequently to set aside the same. (b)To direct the 4th Respondent to conduct the survey, demarcate and fix the boundaries of the lands admeasuring Ac.47-25 Guntas in Survey No.739 @afi,740 $ail,741 I (part) and 742 (parlt of Korremula Village, Ghatkesar Mandal, lr'tedchat-Malkajgiri District, owned and lrossessed by the Petitioners under registered documents i.e., Annexures-P4 to P13 in accordance with B.S O.No.34-A and keeping view of Lok Adalat Award dated 24.11.2006 passed in OS No.64 of 2006, Judgement and Decree dated 03.08 2021 in OS No.'1 399 of 2009 and cancellation of illegal layout Proceedings by the District Panchayat Officer, Ranga Reddy District No.44B0l2005-Bl (Pts.) dated 26.10.2010, under a cover of panchanama and detailed report. (c) To drrect the 4th Respondent lo take assistance of local police i.e., P.S. Pocharanr lT Corridor, Medchal-Malkajgiri District, in case, if any obstruction likely to be caused by the individuals allegedly claiming to be plot owners/members of Ekashilanagar Plot Owners Welfare Association, while conducting the survey, demarcation and fixation of boundaries of petitioner's land. lA NO: 1 OF 2025 Petition under. Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Endorsement dated 03.02.2025 in File No 81185412024 and also Endorsement dated 09 12.2024 in File No 81185412024, in the interest of justice, pending disposal of the writ petition. Counsel for the Petitioners: SRI ROHIT POGULA Counsel for the Respondent Nos.1 TO 5: AGP FOR REVENUE Counsel for the Respondent No.6: GP FOR HOME The Court made the following: ORDER 1 ) HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.758O of 2o25 ORDER: This writ petition is filed seeking to declare the action of respondent No.4 in issuing the Endorsement dated O3.O2.2O25 in File No.B I 1854 12O24 and also Endorsement dated 09.12.2024 in File No.B/185412024, rejecting to consider the F-line application Nos.DER0223OO93O447 and DER0223OO931146 filed by the petitioners, as illegal, arbitrary and consequently prayed for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 5 and with their consent, this writ petition is being disposed at the admission stage.

3. It is stated that petitioner No.l is a firm registered under the provisions of the Indian Partnership Act, 1932 uide registration No.810/20O5, situated at Flat No.G1, H.No.12-12- 1215, Franklin Villa, Road No.10, Tarnaka, Hyderabad, represented by its partners, i.e., petitioner Nos.2 and 3. It is also stated that originally petitioner No.2 along with 2 others 2 CVBR, J wp__7580 2025 entered into a Partnership Deed dated 24 .06.2000 under the name and style of 'M/ s. Sri Harsha Constructions', subsequently, alter several changes, respondent Nos.2 and 3 are continuing as partners of petitioner No.l-firm. It is further stated that the petitioners have purchased various extents of agricultural lands total admeasuring Ac.47.25 gts., forming part of Sy.Nos.739 (Part), 74O (Partl, 741 (Part) and 742 (Part), situated at Korremula Village, Ghatkesar Mandal, Medchal- Malkajgiri District, by virtue of various sale deeds and since then, they are in peaceful possession and enjoyment of the same. It is further stated that originally, the lands in Sy.Nos.739 to 742 of Korremula Village, belonged to Munukuntla and Cheruku Family as joint pattadars. Thereafter, disputes arose over the subject property and a suit uide O.S.No. 1399 of 2OO9 has been instituted on the {ile of the Principal Senior Civil Judge, at L.B. Nagar, R.R. District, seeking to conduct survey for the plot bearing No.l494 /A, forming part of Sy.Nos.739 to 749, situated at Korremula Village, Ghatkesar Mandal, Medchal-Malkajgiri District. It is further stated that when disputes arose with regard to Sy.Nos.739 to 742, the petitioners were constrained to make F-line applicatiorrs seeking to conduct survey and as the said CVBR, J wp 7s80_2025 applications have not been considered by the authoritie s, petitioners filed a writ petition uide W.P.No.24622 of 2024 before this Court and this Court, uide order dated 06.09.2024 directed respondent Nos.4 and 5 to conduct survey and demarcate the subject property by fixing the boundaries, in accordance with law by putting the petitioners and ail the interested persons on notice and affording an opportunity. It is further directed that if respondent No.4 is not inclined to accept the request of the petitioners, a reasoned order shall be passed and communicate to the petitioners and shall compiete the said exercise within a period of 45 days from the date of receipt of a copy of the order. The grievance of the petitioners is that despite the directions being issued by this Court, respondent No.4 has not conducted survey, however, passed the impugned order uide Endorsement No.B/ f 854/2024, dated 09.12.2024 rejecting the F-line applications filed by the petitioners. The further grievance of the petitioners is that even though they have submitted reply dated 16.12.2024 to the impugned Endorsement dated

09.12.2024, respondent No.4 has issued another Endorsement No.B/1854/2O24, dated O3.O2.2O25 stating ttrat tJle F-line applications submitted by the petitioners are not considered. Aggrieved thereby, the present writ petition has been frled. 4 CVBR, J Wp_7.i80_2025

4. A careful reading of the impugned Endorsement No.B I 1854 12024, dated 03.02.2025, would reveal that respondent No.4 has rejected the F-line applications submitted by the petitioners on the ground that an objection petition has been filed by Ekasila Nagar Plot Owner's Welfare Associzrtion not to conduct any survey in respect of lands in Sy.Nos.739 to 749 of Korremula Village, claiming to be owners of the plots alienated by GPA holders in style of Ekasila Nagar Colony. In the objection petition, it is stated that M/s. Ekasila Piot Owners Association is their rival society and in collusion with the original owners have obtained collusive decree behind the back of the plot owners with regard to land admeasuring Ac.45.0O gts., in Sy.Nos.739 to 742, situated at Korremula Village. The impugned Endorsement further states that as per the orders of the SGDC & RDO, R.R. District, proceeding Nos.A212460l2OO9 I I e, A21246212009, dated 3l.O7.2OlO, the mutation proceedings were set aside, as the subject lands are no more agricultural lands from 1985 and it is not proper for the revenue authorities to decide the title and ownership of the lands when there is serious dispute about the title and ownership claiming the same tand. It is also stated that 3 FIRs have been registered by the ) CVBR, J wp_7580_2025 Pocharam IT corridor Police Station, involving the dispute over the subject land in FIR.Nos. 132, L46 ot 2024 and 40 of 2025.

5. Thus, it appears that the lands for which the petitioners are seeking to conduct survey are ceased to be agricultural land, therefore, the applications submitted by the petitioners for conducting survey are not maintainable under law. 6, In view of the above, this writ Petition is misconceived and is accordingly dismissed. However, if there are disputes with regard to title and possession over the subject lands, the petitioners are at liberly to approach the competent Civil Court by instituting appropriate suit. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs ,TRUE COPY// SD/-P. PADMANABHA REDDY DEPUTY REGISTRAR SECTION OFFICER On E CC-tO SRI ROHIT POGULA, Advocate [OPU Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hvderabad. [OUT] i#"btJ!, d-p-Con HotuE, High court for the State of relangana' at Hyderabad IOUT] Two CD CoPies To 1 2 3

4. PSK. tsS 4'g HIGH COURT DATED:1210312025 ORDER WP.No.7580 of 2025 I I '1t-t 6 sr47.i rY i 24 Fir azs , 7. -tr aF, ,/ DISMlSSING THE WRIT PETITION WITHOUT COSTS o X +l+