High Court · 2025

Petitlon under Article 226 of the Constitutipn of India praying that in the circumstanQes stated in 16s sffid4vit filed therewith, the High court may be pleasedtoissueanywrit,orderordirectionmoreparticularlyonginthenature of, writ of Mandamus declaring the inaction of the respondents i1 not conducting survey and demarcation over the land bearing Sy. No.4g 1 adme asuring Ac.2_03 gts, vide Gazette Nc 6-,4 dated 09-02-1989 of the petitioner Graveyard even after - receipt of F-Line Application bearing No.DER02240 1ogg272 d:i1-10-2024, of the petitioner as arbitrary, illegal and in violation of Articles 14. ',?.1 and Qoo-A of the constitution of ndia apart from beinq violati6h of rerang;.rna survey and Boundaries Act, l lll'il and conseqUently direct the respendents tc conduct survey on the petitioners graveyard lalO by eensiderrncr the lqtter F.No.M1/'13188lPtTOTl2OO2 dated 04-03-?Q25 sqnt to the resp,lndent No.5 by the respondent No.6 for conducting ioint sutvey and dgmarcation IANO:1O 2025 Petition under section 151 cpc praying that in the circunlstances stated in the affidavit filed in suppod of the petition, the High Court mav be pleased to direct the respendents ta Qonduct joint survey and demarcation on the land of thg Narsingi Gravgyard admeasuring Ac.2_03 gts in Sy.No 491 and i.r Sy.Nq 2g4 tq an extent gf Ac.1,00 gls aC pef the Gazette No O_A dated )9_02_198g by considering lhe by considering the tetter: F.No.M1/13lRR/pROT/20e2 d?ted 04-03'2025 ggnt ta the regpendent No.5 by the rgspendent No.6 for conductir_rg joint survey p4d dpprarcation, pending dispogal of the main writ perition. Counsql for The PetilionerE: ERI HABEEB ABUBAKAB ALHAMED Counsef for thp ReeponCent Np.1 lq .s- & 7: gp rOn RFyENUE c o u ns e I f o r lq e R Es.po n d e n t N e. 6 ; 38, J#f,l[ p."H o ", 5s The Cqqrt m?de the foileeTing; ORpER I t :.{ 1 1 I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY IIRIT PETITION No.7611 of 2025 ORDER: i l i This writ petition is hled seeking to declare the action of . the respondents in not conducting survey and demarcation over the land admeasuring Ac.2.O3 gts', in Sy.No.491, vide Gazette No.6-A, dated 09.02.1989 of the petitioner graveyard even after receipt of F-line application bearing No.DERO224O 1099272' dated 01.10.2O24, as illegal, arbitrary and consequently prayed for other appropriate reliefs

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the land admeasuring Ac.2.03 gts', in Sy.No.491, situated at Manchirevula Viliage, Gandipet Mandal, R.R. District, is notihed in the Gazett e uide Gazette No.6-A, dated 09.02.1989 as graveyard land. It is further stated that when disputes arose with regard to identification and localization of the said land in occupation of the petitioner as grave yatd/kabristan, an enquiry has been conducted and the Iand was identified as grave yard land. The case of the petitioners is that they made a representation on the hle of ^,.j : i I I i i 1 1 I 1 I i l I J 2 CVBR, J \t{p 76ll,2025 respondenl. No.6 to fix boundaries to protect the waqf properties / nr uslim grave yard from encroachme.rts and respondent No.6, uide F.No.M 1/ 13/RR/ PROT l2OO'.t, dated O4.O3.2O2a' rddressed a letter to respondent No.5 requ,esting to issue neces;sary instructions to the Mandal Surveyor tc conduct joint sun e.y of the subject land, to identify the encrcachment and demar,:zr1-ing/ hxing of the boundaries. The grievan:e of the petitioners is that despite the request made by respondcnt No.6, respondent No.5 has not deputed a Mandal surveyor to assist the depute<l c,fhcials to enable them to identify and loc alile the subject land and hx the boundaries to protecl the subject properfy fronr the illegal and unauthorized encroa< hments. Hence, the prosent writ petition.

4. Mr. Irarhan Azann Ki;lan, learned Standing Col nsel for Waqf Board, has not disputed the letter addres;sed by respondent N,r.6 requesting respondent No.S to conduct joint survey of the subject land, in the presence of the Waql olficials.

5. In view ,rf the above, since it is stated that the grilve yard land has been notified in the Gazette uide Gazette No.6-,\, dated

09.O2.1989 ilnd the petitioners have submittec f-line application bearing No.DER022401099222, dated 01.1O.2024, i I I l I I i ,'4{ I I I I I I i I l 3 CVBR, J Wp 7611 2025 seeking to conduct survey over the subject land, this Court deems it appropriate to dispose of the writ petition directing the respondent authorities to examine the said application submitted by the petitioner for conducting of survey and Itxation of boundaries, strictly in accordance with law, if the petitioner fulhlls all the requirements under law, after issuing notice to the petitioners and all other interested / affected persons, conduct survey of the subject land, within a period of four (4) weeks from the date of receipt of a copy of this order. Further, respondent No.6 is directed to extend necessary Iinancial assistance to the petitioners for protecting the waqf property.

6. With the above observations, this Writ Petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.P. GOWRI SHANKAR DEPU TY REGISTR I SECTION OFFICER To, 1'ThePrincipalsecretary,RevenueDepartmentSecretariat'Hyderabad,State of Telangana.

2. The District Collector, Ranga Reddy District At Kongarakalan' lbrahimpatnam' 3. The Revenue Divisional officer, Rajendra Nagar Division, At Attapur, Ranga Reddy District.

4. The Assistant Director' Survey ?nd Land Records' Ranga Reddy District' I 7 \ . Telpngana State Waqf Board ,:Tazzak Manzil, Haj House. Nampally, HyOeriOaO- ": 5 The Tahsitdar, Gandipet Mandal, Ranga Redfly DistJict, Tglangana State. 6. The Chief Execulive Officer, 7 I!9 SV,*qyor, -fetapgana 8 One CC to SRt HABEEB ABUBAKAR ALHAMED ,qdvocare [OPUC] 9 One CC to SRt FARHAN AZAM KHAN, SC FOR W,AOF BOAR,) tOpUCl 10 lwo CCs toGP FOR REVENUE High pourt fo1 the 6tate or Tetangana at State Waqf Boal{, flq7zaf ManTit, Haj House, Nampalty, HyderabEdl llyderabad tOUrl I 11 Two CQ Copies BSR BS HIGH COURT DATED:1210312025 t \ ORDER WP.No.7611 ot 2025 1 Itr 1r rE STAr€ I i \'\h\ ''. _t lt, S r,,lJC, DISPOSING OF THE WRIT PETITION, WITHOUT COSTS a 1, 1) L \ ) 5 I I ?s6 o a+ + l