High Court · 2025

THE HONOURABLE SRIJUSTICE C.V. BHASKAR REDDY ONN O:72 WRIT ETITI P 690 F 2025 Between: 1 2

4. 3i:t143',1"t:t'nanda chary, S/o. M.Bhadraiah chary, Ased abour 67 years, S[HH:' satish' s/o'M Rama chary, Ased about 48 years, occ.private S'#'::l' santosh, S/o.M.Rama chary, Aged about 46 years, occ.private H,r+ft :',ffi ;fl #;'#tf,,S!,?","ffi .,,,,0sill",,u*J"i,i: AND ...PETITlONERS ' IffIilE,i: I:mfff,i [iE"lJJ:'o :',,cip ' il'::H:l'ffi:Ssiiil,k$?fl-"^l3l-U;i[r6y{1,?"l"kict, At Anthaipa,ry Vi,,ase, . ]::ff;""[ji Divisionat officer, office ar Vayupuri Cotony, Neredmet, re Secreta ry, Reven ue

4. The Tahsildar, Uppal Mandal, Medchal_Matkajgiri District. ...RESPONDENTS Petition under Article 226 of the Constitutio of lndia praying that in the circumstances stated in the affidavit fired therewn pleased to issue a Writ, order or direction, ,"r" o"n',tlr,rtl;"H ,:;:"];r,":; Mandamus, declaring the action of respondents more particularly that of respondent No.3 and 4 in seeking to dispossess thr rand without forrowing due process of raw and *itnort :::1"#:::;::"-"J# fact is contrary to the orders passed by this Hon'ble Court in W.p.No.13240 of 2019 dated 30-09-2019 is challenged in this Writ petition as being arbitrary, illegal and voilative of Articles 14, 19 (1) (g), 2i and 300-4 of the Constitution of lndia and consequently direct the respondent No.2 to 4 to not to dispossess the petitioners from land admeasuring 1948.11 Sq.Meters in the form of plot No.427 to 435 of a layout sanctioned by the then Gram Panchayat, Hyderabad East on 11- 01-1979 forming part of Sy.No.22 and 23 situated at Matlapur Village, Kapra Mandal now Medchal-lValkajgiri District. lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.2 to 4 to not to interfere with the possession of the petitioners over the land admeasuring 1948.11 Sq.Meters in the form of plot No.427 to 435 of a layout sanctioned by the then Gram Panchayat, Hyderabad East on 11-O1-1979 forming part of Sy.No.22 and 23 situated at Mallapur Village, Kapra Mandal now Medchal-Malkajgiri District. Counsel for the Petitioners :SRl. VIJAY B PAROPAKARI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON,BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.7269 of 2o25 ORDER: This writ petition is hled seeking to declare the action of the respondent authorities in making efforts to dispossess the petitioners from the land admeasuring 1948.11 square meters in Plot Nos.427 to 435 in Sy.Nos.22 and 23 situated at Mallapur Village, Kapra Mandal, forming part of layout sanctioned by the- then Gram Panchayat, Hyderabad East dated 11.01.1979, as illegai, arbitrary and unconstitutional and for appropriate reliefs.

2. It is stated that the petitioners are the owners of land admeasuring i948. f 1 square meters in Plot Nos.427 to 435 in Sy.Nos.22 and 23 situated at Mallapur Village, Kapra Mandai, forming part of layout sanctioned by the-then Gram Panchayat, Hyderabad East dated 11.O1.1979. It is stated that the petitioners and their predecessors are the absolute owners and they have obtained all necessary permissions from the local authorities, to make use of the said land for plots and obtained layout sanctioned by the-then Grampanchayat, Hyderabad East. The grievance of the petitioners is that the respondent authorities, without issuing any notice and without following the procedure, are making efforts for 2 forcible dispossession of the petitioners from the subject property and the said action amounts to vioiation of Articles 21 and 300_4. of the Constitution of India and also violation of principles of natural justice. a Considered the submissions of the learnecl counsel for the this writ petition is being respective parties and with their consent, disposed of at the admission stage.

4. Learned Assistant Government pleader for Revenue, has vehemently contended that the pedtioners having purchased the subject property, which is situated adjacent to the Govcrnment land, are making efforts to encroach the Government land in Sy.Nos.22 and 23 situated at Mallapur Villagc, Kapra Mandal. It is further contended that when there are serious disputes with regard to the rights and classification of boundaries mendoned for the subject lands, the writ petit.ion is not a remedy to resorve tnter se disputes and prayed for dismissar of the writ petition.

5. It is settled law that the Survey Department has the auLhority to conduct "r*.y and demarcate lands in accordance with the provisions of the Telangana Land Revenue Act, r 3 17 Fasri (Act No. Vill of 1317 Fasli), the Telangana Survey ancl Boundaries Act, 7923, and thc Rules made thereunder. The Commissioner, 3 Survey, Settlements, and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No N 1/6543/99, dated 25.07.2OO1, Rc.No.Nl/14OBlOT, dated 13.OT.2OOZ, and Rc.No.N2/ ).741/2OtO, dared 18.O5.2010 specifying the conditions for conducting survey, particularly F-Line (held measurement) surveys. Individuals 1g-quqgting such surveys are required to submit documents, and if the conditions stipulated in the circulars are fulfilled, the survey and boundary fixation may be conducted. The aforesaid Circulars outline that only agricultural lands are eligible for survey by the Survey Department. In contrast, individuals owning plots within approved layouts, municipalities, Gram Panchayats, or Municipal Corporations are required to engage Licensed Surveyors appointed by the Government for such surveys, as these lands are no longer considered to be agriculture in nature. In the instant case, the petitioners land is clearly identihed as open plots but not agricultural land. Since the petitioners property is not an agricultural land, the Survey Department has no jurisdiction to conduct F-Line Survey as per the Circulars issued by the Commissioner, Survey, Settlements, and Land Records. t \ 4

6. Further, as the facts would reveal that there are disputes with regard to the identification and localisation of the lands, the ends of justice u,ould be met, if the petitioners are permitted to Iile an application lor survey of land forming part of plot Nos.427 to 435 by approaching the competent authority. In the event of Iiling of such an application, the licensed surveyor under the control of the respondent authorities shall conduct survey and demarcate by fixing boundaries to the subject property. Till such time, both the parties shall maintain slarus quo as on today in all respects over the subject property. If the petitioners are found in possession of the subject properly forming part of the Government land, the respondent authorities are at libert5r to initiate appropriate action by following due process of law. 7. With the above obserwations, this Writ petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petltions pending, if any, shall stand closed. SD/.N.RAJ GOPAL To, //TRUE COPY// ..- '\, \q=-tr* REGISTRAR \r sEcrloN oFFlcER

1. The Principle Secretary, Revenue Department, Secretariat, Hyderabad, The State of Telangana.

2. The District Collector, Medchal-Malkajgiri District, At Anthaipally Village, Medchal Mandal, Medchal-lMalkajgiri Diskict

3. The Revenue Divisional Officer, Office at Vayupuri Colony, Neredmet, Secundrabad.

4. The.Tahsildar, Uppal Mandal, Medchal-fV'lalkajgiri District. 5. One CC to SRl. VIJAY B PAROPAKARI Advocate TOPUCJ /

6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana

7. Two CD Copies DDiBSK \ / HIGH COURT DATED:1 610412025 ) ( 1HE S 14 I ,.( c C) U ? 7,tult 2P5 f' ) t) €t:;,^, -.,i\1 a I I \ \ ORDER WP.No.7269 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS 1 @,- 1) I b