High Court · 2025

...RESPONDENTS Petition under Article 226 of the constitution of lndii praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction, one more particurarry in the nature of a writ of Mandamus decraring the action of 4th to 6th respondents in not conducting the survey to identify and demarcate the boundaries in respect of the Petitioners land Sy-No. 432,433 and 434 situated at eaji Mohaila, near minority function Hall, Toopran, Medak District as being ilregar, arbitrary, unconstitutionar and contrary to the provisions of A.p. survey and Boundaries Act 1923, and in -7//i violation of Article 14, 19, 300-4 of constitution of lndia and consequenUy direct the 6th Respondent to act on notice dated 11-10-2022 to forthwith conduct a survey and demarcate the rands of the petitioner sy.No. 432, 433 and 434 situated at Qaji Mohaila, near minority function Halr, Toopran, Medak District and lA NO: 1 OF 2023 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fited in support of the petition, the High court may be pleased to issue interim directions directing the 6th Respondent to act on notice dated 11-10-2022 to forthwith conduct a survey and demarcate the lands of the Petitioner sy.No. 432, 433 and 434 situated at eaji Mohalla, near minority function Hall, Toopran, Medak District pending the disposat of the writ petition. Counsel for the Petitioner: Ms. KATTA SRAVYA Counsel for the Respondent No.1 to 4 & 6: SRI L.RAVINDER, AGP FOR REVENUE counsel for the Respondent No.5: sRr M.RAM MOHAN REDDY, sc FoR McpL Counsel for the Respondent No.7: SRI B.JITHENDER The Court made the following: ORDER 0 7//y. / I THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.77O6 of 2o/23 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "...to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of 4tt' and 6th respondents in not conducting the surwey to identify and demarcate the boundaries in respect of the Petitioners' land Sy.No.432, 433 and 434 situated at eaji Mohalla, near minority function Hall, Toopran, Medak District as being illegal, arbitrar5r, unconstitutional and contrar5r to the provisions of A.P. Survey and Boundaries Act L923, and in violation of Article L4, 19, 3OO-A of Constitution of India and consequently direct the 6th Respondent to act on notice dated Ll-lO-2O22 to forthwith conduct a survey and demarcate the lands of the petitioner Sy.No.432, 433 and 434 situated at Qqii Mohalla, near minority function Hall, Toopran, Medak District and pass such other order or orders ..."

2. Heard Ms.Katta Sra'rya, learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant ,rGovernment Pleader for Revenue representing learned Government pleader for Revenue appearing for respondent Nos.l to 4, 6 and Mr.B.Jithender, learned Standing counsel for respondent No.5. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner-Jamia Masjid, Toopran Mandal & Town, was represented by its Vice President. Despite notice vide File No.E/f0o/2022 dated 11.10.2022 issued by the office of the JU Revenue Divisional Officer, Medak District, directing the I I ! i i I I I 2 parties concerned to be present on 15-1 r-2022 for demarcation a,d fixation of boundar5r stones in the rands in sy'Nos'432, 433 and, 434 0f Toopran vilrage, no survey has been conducted; that the petitioner had submitted a representation dated o4.rl.2022 to respondent No.S seeking to take action for conducting survey and to protect the rand by constructing boundary walr. But in vain. Aggrieved by the inaction of the official respondents, the petitioner filed the present Writ petition. 4' she further states that respondent No.7 is interfering with the subject property of the petitioner illegalry. Aggrieved thereby, the petitioner has fiIed W.P.No.4 O2gZ of 2022 seeking demolition of the illegal construction made by respondent No.7. vide order dated o2.1r.2022,'thi. court disposed of thb w-p.No.4 0297 0f 2022 crirecting the respondents t. take further steps in accordance with law within a periocl of six (6) weeks from the date of receipt of copy of the order. Against which the petitioner has also issued contempt notice dated 77.02.2023 for inaction on the part of respondents. Therefore, she seeks to pass appropriate orders. ( : ! , / 7f 3

5. Learned counsel for respondent No.7 submits that the commissioner, Toopran Municipality issued. notice vide Lr.No.G Ll560l2022 d,ated. 21.Lo.2o22 informing the parties not to c{ry out any construction activity till further orders are passed. vide order dated 07.02.2023 in w-P.No.BSl of 2023 this court had set asid.e the order of revocation of the building permission of respondent No'7 in Letter No.236799ITPRN I OlgSlADD dated L6.O8-2O22 issued by ToopranMunicipality.Therefore,hestatesthattheWrit Petition is misconceived and seeks to dismiss this writ Petition

6. Learned Assistant Government Pleader for Revenue seeks a direction to the petitioner to file an F-line application as per the relevant provisions of the.Telangana Bhu Bharati Act, 2025 (for short, "the Act,,) seeking the said relief. Upon filing such application, the s€une would be considered, in , accordance with law. \

7. Having regard to the submissions of both the learned counsel and on perusal of the material available on record' this Court, without making any observations on the merits or is inclined to direct the petitioner to demerits of the case, I ! I I 4 make a fresh F-Line application, duly enclosing alt the necessary documents and in the event of such an application being submitted by the petitioner and if the said application complies with all the requirements of the circular- instructions issued by the Commissioner, Survey, Settlements and Land Records uide Rc.No.Nl/6543/99, dated 2S.OT.2OOl, Rc.No.Nl/ t4O8lOZ, dated 13.07.2OO7, and Rc.No.N2 / 1Z4t / 2010, dated 18.05.2010, respondent Nos.4 to 6 are directed to conduct s urvey and demarcate the lands in Sy.Nos.432, 433 and 434 situated at eaji Mohalla, near Minority Function Hall, Toopran, Medak District, as expeditiously as possible, by putting the effected parties on notice and affording them sufficient opportunit5r of hearing. There shal be no order as to costs. 8 Accordingly, this Writ petition is disposed of. There shall ,, be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the Writ petition shall stand closed. //TRUE COPYII SD/- C. DEEPIKA u ASSTSTANT REGTSTRAR / @ SECTION OFFICER To, ' I?3".5[sj: rr1'","""","i?,flT6,Reven ue Department, Secretariat Buildings,

2. The Assistant Director, Survey and Land Records, Lakdikapool, Khairatabad Post, Hyderabad-S00 004.

3. The District Collector, Toopran Town, t\Iedak District. 4. The Tahsildar, Toopran Town, tMedak District 5. Ihe Commissioner, Toopran Municipality, Toopran Town, Medak District, Telangana.

6. The Mandal Surveyor, Toopran Town, Medak District 7. One CC to SRI KATTA SRAVYA, Advocate tOpUCI 8. One CC to SRI B.JITHENDER, Advocate tOpUCl 9. one cc to SRI M.RAIM MOHAN REDDY, sc FoR MCPL topucl 10.Two CCs to GP FOR REVENUE, High Court for the State of Telangana at . Hyderabad [OUT] 1 1 . Two CD Copies BSR GJP I / l ! HIGH COURT DATED i 3011012025 \ I OR ER. WP.No.7706 of 2023 a t LT.F 1t r.9iS 2 E tlou il[ A DISPOSING OF THE WRIT PETITION, . WITHOUT COSTS l. t f