The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a WRIT OF MANDAMUS, to declare the action of the 2nd Respondent herein in not initiate any action upon the F-line Application submitted by the Petitioners herein under Appeal on Demarcation Application No.AOD022400060655, dated 06.03.2024, for conduct of survey in Sub-Division and dernarcation of boundaries and fixed the boundary stones in the agricultural lands of the Petitioners which is filed against the order passed by the Respondent No.4 herein vide Proc.No.B1744l2O23. dated 02.03.2024 is illegal, arbitrary, violation of Principles of Natural justice and against Articles 14, 19,21 & 300-(4) Constitution of lndia and consequenl'/ direct the Respondent Nos. 2 and 3 shall consider the F-Line Application'submitted by the Pe^titioners under Appeal on Demarcation Application uo.noooz2400o60655, dated 06.03.2024, for conduct of survey in sub-division and demarcate the boundaries and fix the Boundary stones in the agricultural lands of the petitioners in accordance with the boundaries mentioned in the perpetual lnjunc;tion orders granted by the Hon'ble Junior Civil Judge at Thungathurthy, tiuryapet District, Telangana State in O.S.NOJ09|2O2O dated: O8-1i-2O21, by :;etting aside the impugned orders Passed by the Respondent No.4 herein, vide Proc.No. B.174412023 dated 02.03.2024, forthwith. lA NO: 1 OF 20211 petition urrder Section 151 CPC praying that in the circumstances stated in the affidavit filec in support of the petition, the High Court may be pleased to DIRECT the Rerspondent Nos. 2 and 3 to consider the F-Line Application submitted by the Petitioners under Appeal on Demarcation Application No.AOD022400060655, dated 06.03.2024, for conduct of survey in sub-division and demarcate the boundaries and fix the Boundary stones in the agricultural lands of the Petitioners in accordance with the boundaries mentioned in the perpetual lnjunction orders granted by the Hon'ble Junior Civil Judge at Thungathurthy, tiuryapet District, .Telangana State in O.S.NOJ0912020 dated: Og-1i-2O21, by setting aside the impugned orders Passed by the Respondent No.4 herein, vide Proc.No. B,174412023 dated 02.03.2024, forthwith. Counsel for the Petitioner: SRI RAMESH KADARI Counsel for the Respondents: ASST' GP FOR REVENUE The Court made the following: ORDER :inl '*E*. . THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.8522 of 2024 ORDER: Aggrieved by the action of respondent No.2 in not initiating any action upon the F-line Application submitted by the petitioners under Appeal on Demarcation Application No.AODO224OOO60655, dated

06.03.2024, for conduct of survey in Sub-Division and demarcation of " ' boundaries and fixing the boundary stones in the agricultural lands of the petitioners, which is filed against the order passed by respondent No.4 uide proceedings No. 8/74412023, dated O2.O3.2O24, the present writ petition is filed. A consequential prayer is sought to consider the said application in accordance with the boundaries mentioned in the perpetual injunction orders granted by the learned Junior Civil Judge, Thungathurthy, Suryapet District in O.S.No.109 of 2020, dated O8.L2.2O21 by setting aside the impugned orders passed by a respondent No.4 in the above said proceedings.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5.

3. Learned counsel for the petitioner submitted that the father of the petitioners was the absolute owner and possessor of agricultural lands ui.d.e digital pattadar passbooks No.T29 1 6 OO30O 67, admeasuring 2 Ac.9-09 gurrtas situated at Phanigiri Village, Nagaram Mandal, Suryapet District. The petitioners' father filed a suit in O.S.No.109 of 2O2O, date<l Ol.lO.2O2O on the file of Junior Civil Judge at Thungathurly, Suryapet District for relief of perpetual injunction. The said suit was decreed in favor of petitioners' father uide judgment and decreed dated 08.12.202t. Accordingly, this Court in W.P.No.3865O of 2022, by c,rder dated 15.11.2022 was pleased to direct police authorities to provide protection to the lands of the petitioners herein to implement the perpetual injunction orders granted by the trial court in O.S.No.1O9 of 2O2O. It is further submitted that the petitioners earlier filed W.P.No.l2799 of 2023, seeking direction to respondents for conduct of survey in their lands and the said writ petition was disposed of directing the respondents therein 2 and 3 (respondent Nos.4.and Ii herein) to act upon the said applications filed by the petitioners [herein. Having received the copy of the order, the respondents issued notices to all the parties concerned, for three occasions, but no survey was conducted and no fixation of boundary stones were taken p1ace, since the other parties are absent. But the respondent Nos.4 and 5 without notice to the petitioners, on

28.02.2024, in the absence of the petitioners, panchanarna was conducted i:tstead of surveJa and passed mechanical orders without any applical.ion of mind. Aggrieved by the sarne, the present writ petitir:n is filed. ) ! I I I I 3

4. Learned Assistant Government Pleader for Revenue submitted that necessary notice has been issued and survey would be conducted in due course of time, as contemplated under law.

5. Record.ing the submissions of learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, this Court d.eems it appropriate to direct official respondents to issue necessa-ry notice to all the concerned. parties pursuant to the notice already issued. by the official respondents in proceedings No. 8174412023, dated O2.O3.2O24, and..'act upon the said notice in accordance with law as expeditiously as possible and take necessary steps.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any pending, in this petition, shall stand closed SD/- B. REKHA RANI REGISTRAR /TRUE COPY/ OFFICER to,,,. The principal secretary, Revenue department, The state of relangana' r ' iditbiiti"t, Hyderabad' -r h,^r-ia* 2. i6e'oi.iriCt C6il""tot' Sury3oet District t e. fii" r",",, - '-r\Ewrelrqr ' r !5v- 1f, 4. The Tahsild I m, uuq"tiB[tgm##tr;i.H,1qs*'""i,,: li',. n n, n, ffi l,'l.iil5l" * M an d ar s u rya pet D i strict ^tgm:a::y, r_Jlff 3;l TS '

8. Two CD CoPies BN TJ (t( - .:=-- -:- ! / HIGH COURT DATED i1311012O25 THE S ( () * 1? t:[8 lI'.fi * ORDER WP.No.8522 of 2024 t DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ ,(d