Smt.Rama Laxmamma v. 1. The State of Telangana

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 tomay be pleased to issue direction, order or writ more particularly one in the nature of Writ of il/ANDAMUS the action of the Respondent No.3 and 4 without consider the representation dated 17 -03-2023 not to conduct survey that lnterim lnjucntion order in favour of the petitioner dated 02-03-2023 in l.A.No.2 of 2022 in O.S.No.1 of 2022 suit for lnjunction on the file of the prinicipal Junior civil Judge at Gadwal is pending pertaining to land in survey No.180/ka/AA extent of Acc.O1-33 guntas situated at pudur Shivar Mandal Jogulamba Gadwal District, civil suit is pending pertianing to subject land and the respondent No.4 without '..l;i$€*' r!-,"g!{i! serving survey notice fixed the date for conducting survey on 20-03-2O23 and furrther date fixed 25-03-2023 and further the action of R€rspondent No.3 and 4 without considering representation dated 17-03-2023 order in 0.S.No.1 o'f 2O22 the action of the respondent No.3 and 4 is as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of lndia. l.A.NO:1 OF 2023 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to direct the respondent No.3 & 4 not to conduct survey pertalning to land in survey No.1BO/Ka/AA extent of Acc.0'1-33 guntas situated at pudur Shtvar Mandal Jogulamba Gadwal District pending disposal of the above w.rt petrtion |.A.NO:2 OF 2023 Between: Sri Uppeti Dhanunjaya Reddy, S/o. U.Jagadeshwar Reddy, aged 34 years, Occ : Agriculture, Rl/o.Puttanpalli Village, Gadwal Mandal, Jogulamba - Gadwal Diskict. .....PETIT|ONER/RESPONDENT No.5 AND

1. Smt.Rama Laxmamma, W/o Venkataswami, age 55 years, Occ; Agriculture, R/o H.No.9-95, Puttanpalli Village, Gadwal Mandal, Jogulamba Gadwal District. .....RESPONDENT/PETITIONER

2. The State of Telangana, rep.by its Secretary Revenue Department, Secretariat Buildings, Secretariat, Hyderabad.

3. The Assistant Director, Survey and Land Records, Jogulamba Gadwal District.

4. The Tahsildar, Gadwal Mandal, Jogulamba Gadwal District. 5. The Mandal Surveyor, Gadwal Mandal, Jogulamba Gadwal District. 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 vacate the stay Orders; daled 2410312023 in WP. No. 81 7912023 before this .,...RESPONDENTS Honorable Court in pursuant notice, dated 0110312023, as the survey is only option to solve the dispute of both survey numbers 1 79 and 180 demarcation of boundaries in the interest of Justice. Counsel for the Petitioner : SRI G.RAJESHWAR RAO Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the lmplead Respondent No.5 : SRI GONE RAMESH The Court made the following ORDER w*_. : ...../,... ,/ ./ l" THE HON'BLE SRI JUSTICE C.V.BHASTiAR REDDY WRIT PETITION I{o. 8179 of 2023 ORDER: This ri,rit petition has becn filed seeking i o declare the action of respondent Nos.3 and 4 itr issuing the impugned i:otice datcd O 1.O3.2023 proposing to conduct sui-\rev on

20.O3.2O23, dcspite pendency of civil suit in O.S.Nci.l ol 2C22 or-r the file of the learnecl Principal Junior Civil JurJgc.at Gad,.val and contrarS, to the injunction crder passed tlierein vidc l.A.|1o.2 o1 2022 datcd C2.03.2023, pertaining tc, the lar'ld admcaslrring /ic.01.33 guntas in Suncy No.,8O/Ka/AA situar-ed at Pulur Shivar Mandal, Jogulamba GaCr.r al District, as illegal and arbirrarv. The petitior.ret'claims to bc the patiadar anc ptssessor o[ land adrneasuring Ac.01.33 gur-rtas in Survey No. I B0/Ka/AA situated at Pr-rdur Shivar Mandal, jogulamtra Gadu.al District, having purchascd the same under a registered sale deecl vide doctrment No.36O2 of 20OB darcd A9.O7.2008. It :s stated that after the said purchase, the pctitioner,s name has been mutated in the revenuc records and pattada_r pass book has also been issued in hcr favour vidc pass book No.TO20 3e142O46 arrd Katha No.3784 It is further stated that when respondent No.5 2 ald others, disputing the petitioner's title and possession over the said land, made attempts to dispossess her, she was constrained to institute a civil suit vide O.S.No.1 of 2022 on Lil.e hle of learned Principal Junior Civil Judge at Gadwal, wherein an order of interim injunction dated O2.O3.2023 has been granted in I.A.No.2 of 2022 and respondent No.S and others also filed O.S.No.8 of 2023 against the petitioner and others bcfore the same Court and both the suits arc pending. The grievance of the petitioner is that despite the same, respondent No.S made an application before respondent Nos.3 ald 4 seeking to conduct s:rvey in respect of the subject land and acting upon the same, respondent Nos.3 and 4 issued the impugned survey notice dated 01.C3.2C23 fixing date of survey on 20.O3.2O23, without taking into consideration the representation dated 17.03.2O23 said to have been submitted by petitioner and contrary to the interim order of injunction passed by the civil court in I.A.No.2 of 2022 in O.S.No.1 of

2022. Considered the submissions of the learned counsel for the parties and perused the record While it is the specific case of the petitioner that as there is an order of interin-r injunction opcrating in iespect of the subject land, respondcr-rt lIo.5 is not having any right to make atry application seeking to conduct surr,,ey oi dgmtrrcatiol of the said lard, thc case of respondcnt No.S is tirat. in fact, he is in possession of the land in Survcy No.179 a,n d disputing the nature and extent of land in Survey ;rio. 179, the petitioner, who \. is having lands in Survey No. 180, is inter'fering with his possession ovcr the land in Survey No.i79. Thus, it appears that tl-rere are serious disputes betwecn the partit:s rvith regard to identihc:rtion , localisaLion, cxtent and boundarir:s of thc lands in Survey Nos. 179 anci 188, v;hich are rerluired to be adjudicated by thc civil court by appointing an Advocate Commissioner for conducting survey in respec[ of the said land s. In view of the above and since civil suits are already pending in respect of the subject lands, vicie O.S.Nos.1 ol 2022 and O.S.No.8 of 2023 on the file of the learned Princ:ipal Junior Civil Judgc at Gadwal, this Court deems it appropriate to dispose of the writ petition by permitting the parties to make an application in the pending suits, seeking appointment of the Advocate-Commissioner for conducting survey c,f the subject 4 lands with the assista-nce of the Mandal Surveyor and on hling such application, the Court below is directed to decide the same, in accordance with law The writ petition is r:cordingly disposed of Pending miscellaneous applications, if any, shall star:j closeci. There shall be no order as to costs. //TRUE COPY// Sd/. M. NAGAMANI SISTANT REGISTRAR A SECTION OFFICER To

1. The Principal Junior Civil Judge, Gadwal. 2. The Secretary, Revenue Department, Secretarlat Buildings, State of Telangana at Hyderabad.

3. The Assistant Director, Survey and Land Records, Jogulamba Gadwal District.

4. The Tahsildar, Gadwal Mandal, Jogulamba Gadwal District. 5. The Mandal Surveyor, Gadwal Mandal, Jogulamba Gadwal District. 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI G.RAJESHWAR RAO, Advocate [OPUC] 8. One CC to SRI GONE RAMESH, Advocate (OPUC) 9. Two CD Copies w SA PVL J,' HIGH COURT DATED:2510612025 )*r a, 0 3 stP 1016 //l ,\l -,- * y' ORDER WP.No.8179 of 2023 DISPOSING OF THE W.P WITHOUT COSTS. r{ ,#b Yh